Personal Injury Statute of Limitations in Missouri
Last verified 2026-07 · Source: Mo. Rev. Stat. § 516.120(4) ✓ verified · 3 sources
The deadline
5 years
from Date of injury; discovery rule applies, under Mo. Rev. Stat. § 516.120(4).
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If you're researching personal injury lawsuits in Missouri, the single most important number is 5 years. That's how long Mo. Rev. Stat. § 516.120(4) gives you to file a personal injury lawsuit, counted from Date of injury; discovery rule applies. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Missouri Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 5 years | Mo. Rev. Stat. § 516.120(4) |
| Car Accident | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Credit Card Debt | 5 yrs | Mo. Rev. Stat. § 516.120(1) |
| Medical Malpractice | 2 yrs | RSMo § 516.105 |
| Wrongful Death | 3 yrs | Mo. Rev. Stat. § 537.080; § 537.090; § 537.100 |
| Dog Bite | 5 yrs | Mo. Rev. Stat. § 273.036 |
| Slip and Fall | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Defamation | 2 yrs | Mo. Rev. Stat. § 516.140 |
| Breach of Contract | 10 yrs | Mo. Rev. Stat. § 516.110 |
| Medical Debt | 5 yrs | RSMo § 516.120 |
When the Clock Starts
In Missouri, the limitations period for personal injury lawsuits generally begins on Date of injury; discovery rule applies. Missouri recognizes a discovery rule for this claim type: Missouri applies a discovery rule: the 5-year SOL begins when the plaintiff knew or by reasonable diligence should have discovered the wrongful conduct causing the injury
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Notice required within 90 days for claims against governmental entities under Mo. Rev. Stat. § 537.600 et seq. (Sovereign Immunity Act)
- Damage caps: No cap on compensatory damages; Missouri's former non-economic damage cap was struck down as unconstitutional by the Missouri Supreme Court in Watts v. Cox Medical Centers (2012)
Pure comparative fault (adopted in Gustafson v. Benda, 1983). The 5-year SOL under § 516.120(4) covers 'any other injury to the person or rights of another, not arising on contract,' making it the catch-all for slip-and-fall, premises liability, dog bite, and general negligence. Intentional torts and medical malpractice have shorter 2-year SOLs.
Source: Mo. Rev. Stat. § 516.120(4), official Missouri statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Missouri government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Missouri Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Missouri | 5 years | Mo. Rev. Stat. § 516.120(4) |
| Iowa | 2 yrs | Iowa Code § 614.1(2) |
| Illinois | 2 yrs | 735 Ill. Comp. Stat. § 5/13-202 |
| Kentucky | 1 yr | Ky. Rev. Stat. § 413.140(1)(a) |
| Tennessee | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1) |
| Arkansas | 3 yrs | Ark. Code Ann. § 16-56-105(3) |
| Oklahoma | 2 yrs | Okla. Stat. tit. 12, § 95(A)(3) |
| Kansas | 2 yrs | Kan. Stat. Ann. § 60-513(a)(4) |
| Nebraska | 4 yrs | Neb. Rev. Stat. § 25-207 |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Missouri?
You have 5 years from Date of injury; discovery rule applies, under Mo. Rev. Stat. § 516.120(4).
Can I still sue after 5 years in Missouri?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Missouri?
Yes. Missouri applies a discovery rule: the 5-year SOL begins when the plaintiff knew or by reasonable diligence should have discovered the wrongful conduct causing the injury
What if the victim was a minor?
Missouri generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Notice required within 90 days for claims against governmental entities under Mo. Rev. Stat. § 537.600 et seq. (Sovereign Immunity Act)
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Sources
- Official RSMo § 516.120 – Five-year limitation for personal injury (Missouri Revisor of Statutes)
- Corroborating Missouri Personal Injury Statute of Limitations – Nolo
- Corroborating Missouri Civil Statute of Limitations Laws – FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Missouri attorney.