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When a child gets hurt in a car accident, filing a lawsuit is probably the last thing on a parent’s mind. You’re focused on your kid — taking them to doctors appointments, helping them recover, and trying to get back to normal. Legal deadlines feel distant and are understandably not top of mind.
But as time passes this question may enter your mind: is it too late to make a claim?
Missouri’s statute of limitations laws aren’t always straightforward, especially when a minor is involved. A 10-year-old doesn’t know what a personal injury claim is, let alone that they might have one. That’s why the law treats injured children differently, and why understanding those rules could make the difference between recovering what your family is owed and walking away with nothing.
In this blog we’ll explain what a statute of limitations is, how it works and how to ensure you get the compensation your family deserves.
What Is a Statute of Limitations?
A statute of limitations is a legal deadline and if you miss it, your right to sue is gone no matter how strong your case is.
Every type of legal claim has its own deadline, and Missouri is no different. For personal injury cases built on negligence (car accidents, slip and falls, and similar claims) you generally have five years from the date of the incident to file suit. That might sound like plenty of time. But between medical treatment, insurance back-and-forth, and just trying to get your life back on track, five years can go by faster than you’d expect.
The hard truth is that the court doesn’t care why you missed the deadline. Once it passes, the at-fault party gets to walk away. That’s why knowing your deadline is critical and can be the difference between having a case and losing one.
Statute of Limitations for Minors in Missouri
Missouri law considers persons under the age of 18 minors, but if a minor is injured before they turn 18, the statute of limitations is tolled (or paused) until the minor turns 21. Once a person reaches the age of 21, the statute of limitations for their claim begins.
For example, if a 10-year-old minor is injured in a car accident, the statute of limitations would be tolled until the minor turns 21. Once 21, the person would have 5 additional years to file an injury claim, which would end when the person turns 26.
Claims where the statute of limitations lasts 5 years include negligence claims, motor vehicle accident claims, trucking accident claims, slip and fall claims, premise liability claims, dog bite claims, dram shop claims, and products liability claims.
Case Examples
In Nelson v. Browning, 391 S.W.2d 873 (Mo. 1965), a minor child in a vehicle was struck by a negligent driver’s truck. A few years later, the minor child turned 21, but still had not filed a claim for personal injury against the negligent truck driver. Nearly 5 years after the minor child turned 21, he finally filed a suit against the negligent truck driver for a personal injury claim. The Court found that the minor child had met the statute of limitations because he filed his lawsuit a few months before he turned 26. Because the motor vehicle collision happened while the minor child was a minor, the statute of limitations was tolled until he turned 21.
In Dane v. Cozean, 584 S.W.2d 120 (Mo. App. Ct. E.D. 1979), a minor child around 4 years old in a vehicle was struck by a negligent driver. The minor child filed a suit against the negligent driver for personal injury 8 years after the initial collision. The minor child was only about 12 years old at this time. The Court found that the minor child could bring the lawsuit because the statute of limitations had not run out. The minor child had until he was 26 years old to bring this lawsuit, and it was proper for him to do so at 12 years old.
Medical Malpractice & Wrongful Death Claims in Missouri
Medical malpractice claims, however, have a completely different toll date than other claims. If a minor is injured before they turn 18, the statute of limitations is tolled until they turn 18. The person would then have 2 additional years to file their medical malpractice suit.
For example, a 10-year-old minor who is injured due to medical malpractice would have until their 20th birthday to file a claim against the wrongdoer.
Unlike negligence and medical malpractice claims, wrongful death claims have a statute of limitations that lasts for 3 years from the date of the person’s death.
Statute of Limitations for Minors in Illinois
Illinois also considers persons under 18 to be minors, but the age at which the statute of limitations begins differs from that in Missouri. If a minor is injured before they turn 18, the statute of limitations is tolled until they turn 18. Once the person turns 18, the statute of limitations begins to run. For example, if a 10-year-old minor is injured in a car accident, the statute of limitations would be tolled until the minor turns 18. Once 18, the person would have 2 additional years to file an injury claim, which would end upon turning 20.
Unlike Missouri, the statute of limitations for most Illinois claims is generally 2 years. Knowing the statute of limitations timeline in Illinois is crucial to ensuring you and your child can file your claims on time and receive justice.
Claims where the statute of limitations lasts 2 years include negligence claims, motor vehicle accident claims, trucking accident claims, slip and fall claims, premise liability claims, dog bite claims, dram shop claims, products liability claims, wrongful death claims, and medical malpractice claims.
Medical malpractice claims generally have a 2-year statute of limitations when the patient knows of the injury or should have known about it. This statute of limitations can extend to up to 4 years maximum from the date of the malpractice procedure if the injury was discovered months or years after the procedure.
Assistance with Your Personal Injury Claim
Because each state has its own statute of limitations, securing legal advice can help clear up any confusion. If you’re unsure where you stand, the safest move is to talk to an attorney. This will help you act well in advance before your deadline hits and preserve evidence while it’s still fresh.
The longer you wait, the harder your case becomes to build. Witnesses will forget details over time, records will get harder to obtain, and the at-fault party’s defense will get stronger.
If your child was injured and you’re not sure whether you still have a claim, call us at 314-628-9999 for a free consultation. We’ll review your case and let you know exactly where you stand.
