You're facing a long road to recovery after a devastating truck accident on I-70 near St. Louis. As you struggle with mounting medical bills and missed work, you know you need to take legal action to protect your future. But how long do you have to file a lawsuit in Missouri?
At Finney Injury Law, our experienced St. Louis truck accident lawyer understands the physical, emotional, and financial challenges you face. While Missouri's five-year statute of limitations for truck accident claims may seem like plenty of time, it's crucial not to delay pursuing the compensation you deserve.
Missouri's Statute of Limitations for Truck Accidents
Under Missouri Revised Statutes section 516.120, most personal injury lawsuits, including those stemming from truck accidents, must be filed within five years of the accident date. If you fail to file your case within this timeframe, the court will almost certainly dismiss it. The truck driver, trucking company, and their insurers will be off the hook for compensating you, regardless of how severely you were injured.
It's important to note that this five-year clock starts ticking on the date of the accident, not the date you discover your injuries or the date you decide to take legal action. That's why it's essential to consult with a knowledgeable St. Louis truck accident lawyer as soon as possible after a crash.
Exceptions to the Five-Year Rule
While the five-year statute of limitations applies to the majority of truck accident cases in Missouri, there are some notable exceptions:
- Wrongful death claims. If a loved one tragically died in the truck accident, the statute of limitations for filing a wrongful death lawsuit is just three years from the date of their death.
- Claims against government entities. If your accident involved a government-owned truck, such as a city bus or a vehicle operated by the Missouri Department of Transportation, you must file a formal administrative claim within 90 days of the crash.
- Accidents involving minors. If the truck accident victim is under 18, the five-year statute of limitations is tolled (paused) until their 21st birthday. From that point, they have five years to file a personal injury lawsuit.
- Defendants who leave the state. If the at-fault truck driver or another defendant leaves Missouri for an extended period after the accident, the statute of limitations may be extended to account for their absence.
An experienced truck accident attorney can help determine which deadlines apply to your unique case and ensure your claim is filed on time.
Why You Shouldn't Wait to Take Action
Despite the seemingly generous five-year statute of limitations, there are compelling reasons to consult a St. Louis truck accident lawyer and initiate your claim promptly:
- Preserving crucial evidence. Valuable evidence can be lost or degraded over time. Black box data might be erased, witness memories may fade, and road conditions can change. Acting swiftly helps your legal team gather and preserve evidence to build your strongest case.
- Understanding the full extent of your injuries. Not all accident injuries are immediately apparent. Symptoms of traumatic brain injuries, spinal cord damage, or emotional distress may emerge over time. By consulting an attorney early on, you can better assess the long-term impact of the crash on your health and future.
- Securing faster compensation. The sooner you start the legal process, the sooner you can obtain the compensation you need to pay accident-related bills and replace lost income. While resolving a truck accident claim takes time, undue delays can prolong your financial stress.
- Protecting your right to sue. Taking action well within the statute of limitations eliminates the risk of losing your right to sue because too much time has passed.
The Complexity of Truck Accident Claims
Truck accident cases are often far more complicated than typical car accident claims, making it even more crucial to have an experienced St. Louis truck accident lawyer in your corner.
You may be up against a team of attorneys and insurance adjusters representing the truck driver, trucking company, vehicle or parts manufacturers, and other parties. These well-funded adversaries often go to great lengths to minimize or deny liability for a crash.
Our dedicated legal team can help you with your case by:
- Identifying all potentially liable parties
- Obtaining and preserving evidence like driver logbooks, black box data, and truck maintenance records
- Working with accident reconstruction specialists and medical experts to prove causation and damages
- Calculating the full extent of your past, current, and future losses
- Aggressively negotiating with trucking insurers to obtain a fair settlement
- Filing your lawsuit within the statute of limitations
- Presenting a powerful case at trial, if necessary
If you or a loved one has been seriously injured in a Missouri truck accident, don't let the five-year statute of limitations lull you into inaction. The skilled St. Louis truck accident lawyers at Finney Injury Law can review your case, explain your legal options, and fight tirelessly to pursue the maximum compensation you need to rebuild your life.