Information on Missouri Statues of Limitations
General Liability
The following overview is provided as an accessible reference guide for time limitations that may or may not apply to your case. The legal start date of a statute of limitations is dependent on a variety of factors (including but not always limited to: the date the alleged action occurred or the date the alleged action was discovered).
Call The Law Office of Jeremiah Johnson at (913) 764-5010 to speak to an attorney about the specifics of your case.
Statutes of Limitations
Statues of limitations begin to run when the damage is sustained and capable of ascertainment. This is generally defined as when the damage can be discovered or made known, not when the plaintiff actually discovers the injury or wrongful conduct. Essentially, this means that the date when a Missouri statue of limitations begins relies on when the client first realizes that some harm has been done to them and could have first maintained an action to a successful suit.
However, a plaintiff simply not knowing that they have a case, or that they can bring a lawsuit does not keep the statute of limitations from starting. Ultimately, whether the damages were sustained and capable of ascertainment at a given time is an objective standard legally to be determined by a judge. RSMo §516.100. Our office can help determine when your statute of limitations begins. Call our law office at (913) 764-5010 to speak to an attorney about the specifics of your case.
Below are the legal statute of limitations limits:
Negligence. Actions for personal injuries arising from another's negligence. Five years. RSMo § 516.120.
Intentional Torts. Actions for libel, slander, assault, battery, false imprisonment, criminal conversation, and malicious prosecution. Two years. RSMo § 516.140
Products Liability. Actions for personal injuries arising from a product. Five years. RSMo § 516.120.
Medical Malpractice. Actions against healthcare providers for medical malpractice. Two years.Generally calculated by the date of occurrence but in some cases is determined by the date of discovery. RSMo § 516.105.
Wrongful Death. Action for wrongful death, even if based on a claim of medical malpractice. Three years. RSMo § 537.100.
Contracts. Generally, all actions upon contracts, including oral contracts. Five years. However, actions arising out of any writing for payment or money or property (generally insurance contracts) may be subject to ten years statute of limitation. RSMo § 516.120, 516.110.
Property Damage. Actions for damages to personal property. Five years. RSMo § 516.120, 516.100
Contribution Among Joint Tort-Feasors. A joint tort-feasor may bring a contribution action at any time while the original action is pending, whether or not the statute of limitations has expired on th original claim. However, there are some limits on how long such an action has to be finalized.
Minors. Actions involving a minor as a plaintiff. Statute of limitations time period does not start running until the minor turns 21. RSMo § 516.170.
There are also Missouri time limits for procedures. Below are some of the civil procedure rules time limits:
Time to File an Answer. An answer must be filed by the defendant within thirty days after the service of the summons and petition, except where service is made by mail, in which the defendant must file it within thirty days after the acknowledgement of receipt of the summons and petition or the return registered or certified mail receipt is filed in the case, or within forty-five days after the first publication of notice if neither personal nor service by mail is had. Rule 55.25(a).
Time to File Discovery Responses. Different rules apply for different procedures, as outlined in the following: Interrogatories. The party upon whom the interrogatories have been served shall serve a copy of the answers and objections upon the interrogating party within thirty days after service of the interrogatories, except that a defendant may serve answers or objections within forty-five days after the service of the summons and a petition on that defendant. Rule 57.01(a). Request for Production of Documents. The party upon whom the request is served shall serve a written response within thirty days after service of the request, except that a defendant may serve a response within forty-five days after service of the summons and petition upon that defendant. Rule 58.01(a). Request for Admissions. The matter is deemed admitted unless, within thirty days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission, a written answer or objection addressed to the matter. A defendant shall not be required to respond before the expiration of sixty days after service of the summons and petition upon such defendant or that defendants entry of appearance. Rule 59.01(a).
Voluntary Dismissal. Plaintiffs have the right to voluntary dismiss a case one time and the defendant can only prevent the court's granting of this dismissal without prejudice by a showing of undue advantage to the plaintiff of the undue loss of a valuable defensive right. After voluntary dismissal, the plaintiff has one year within which to refile a case.
Time Within Which to Appeal. A notice of appeal must be filed with the trial clerk no later than ten days after the judgment or the order appealed becomes final. Rule 81.04(a). A judgment becomes final thirty days after entry, if no timely post-trial motion is filed OR ninety days after the filing of a timely post-trial motion or at the time the post-trial motion is disposed of, whichever date is earlier. Rule 81.05(a).
Time in Which to Effectuate Service. Missouri no longer requires due diligence in serving a party. An action is commenced when filed, regardless of whether service is obtained. Rule 51.03.
