Filing a Personal Injury Claim in Missouri
If you were injured in a motorcycle accident within the past five years, you may be running out of time to file a legal claim against the person who was at fault and caused your injuries.
You may still be recovering from your injuries and waiting to file a claim until you are fully recovered. But the time period for filing a personal injury claim continues to run even though your injuries have not yet fully healed. To make sure your window for filing a personal injury claim in Missouri does not close before you file your claim, you should contact the attorneys at Foster Wallace, LLC, right away. Even if you are still recovering from your injuries, we will help you determine if you have a legal claim and a right to receive compensation for your injuries. If you do, we will make sure your claim is filed in a timely manner and help you reach a fair settlement in your case.
What is a Personal Injury Claim?
Whenever someone is injured or suffers damage to their personal property as a result of the negligent actions of another person, the injured or damaged party has a right to sue the negligent party to be compensated for their injuries and the expenses they incurred as a result of the accident. A personal injury claim may include:
A personal injury claim also includes motorcycle accidents. So, if you were involved in a motorcycle accident that was caused by someone else and you were injured or had your motorcycle damaged as a result, you may have a right to bring a personal injury lawsuit against the party who was responsible for the accident.
However, every personal injury claim in Missouri must be filed with the court within a certain period of time. Every state has a statute that limits the amount of time you have to file a personal injury claim against another party. This is the state’s “statute of limitations.” It applies to almost all cases in which someone is injured by the fault of another party. If you do not file your claim within this limitation period, you will lose your opportunity to recover damages for your injuries.
What is the Statute of Limitations for Motorcycle Accidents in Missouri?
The statute of limitations for personal injury claims in Missouri is five (5) years. So, if you have been injured in a motorcycle accident in Missouri that was someone else’s fault, you have five years to raise a claim against that party to compensate you for your injuries and any expenses you had (or will have) as a result of those injuries. Your compensation may include the cost of:
Damage to personal property
Reduced earning capacity
Pain and suffering
If you don’t raise your claim within the five-year statute of limitations period, your claim for damages will be “barred” or refused, and you will not be able to recover any of these damages from the person responsible for your injuries and medical expenses.
Can I File My Claim for Injuries if I am Not Fully Recovered?
If you are still recovering from your injuries from your motorcycle accident, you should consult with an experienced attorney now. You do not have to wait for your injuries to heal to file your personal injury claim. Although you may not know the full extent of your injuries or what future expenses you might have as a result of ongoing medical treatment or rehabilitation, it is important that you file your claim within the five-year limitation period required by Missouri law. It is common that treatment for injuries resulting from a motorcycle accident extends beyond five years. Missouri law allows you to file your claim for damages once you know that damages have occurred, not necessarily when you determine the extent or amount of damages that you suffered. So, any future expenses you may have as a result of your accident can be included within your personal injury claim, even if you have not yet incurred those expenses. You should not wait to file your claim for damages until you determine the full extent of your injuries and expenses, especially if your five-year limitations period is about to expire.
Are There Any Exceptions to the Five-Year Statute of Limitations for Motorcycle Accidents?
Under Missouri law, there may be an exception to the five-year limitations period for motorcycle accident cases. Missouri law allows a person injured in a motorcycle accident to delay the filing of their claim beyond the 5-year period if they are under 21 years of age or mentally incapacitated at the time their injuries occurred or were discovered (“accrued”). Under these conditions, the injured party can delay filing their claim until they are 21 years of age or until they are no longer mentally incapacitated.
When Should I File My Motorcycle Accident Claim?
Under Missouri law, if you were injured in a motorcycle accident and were over 21 years of age at the time, you may wait up to five years to file a personal injury claim against the person responsible for your injuries. If your child was injured in a motorcycle accident, you have until your child turns 21 years old to assert their claim.
If you were in a motorcycle accident recently, even if you do not file a claim right away, it is important to the success of your claim to consult with an experienced motorcycle accident attorney as soon as possible. Your attorney will need to investigate the cause of the accident and determine who was at fault. This requires contacting witnesses and collecting relevant evidence. This can take time. You want to give your attorney as much time as possible to prepare your case and file a timely claim. Once you file your claim, your attorney will negotiate with the insurance company to obtain a fair settlement for your injuries.
If you or your child were injured in a motorcycle accident, don’t delay. Call 816-249-2101 today for a free consultation with the personal injury attorneys at Foster Wallace, LLC. We will assess your case and make sure you assert your claim for damages within the time period required by Missouri law.