Skip to content

Statutes of Limitations

A Legal Guide

Menu
  • Contact
  • Glossary Of Terms
  • News
  • Disclaimer

Statutes of Limitations in Missouri

Statutes of Limitations in Missouri

NOTE: The state government declined to extend statutes of limitations during the COVID-19 pandemic, but the courts did grant judges limited authority to waive some deadlines for civil cases.

What Is the Statute of Limitations in Missouri?

The statutes of limitations in Missouri can range anywhere from one year to ten years depending on the type of case. These deadlines govern how long you have to file a legal claim.

What Is the Missouri Statute of Limitations for Personal Injury and Negligence?

The Missouri statute of limitations for personal injury cases is five years.

“Within five years:

“(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated.” (Mo. Ann. Stat. § 516.120)

Missouri Statute of Repose for Construction Defects

Actions related to an improvement to real property may be filed within ten years. This statute of repose only applies to people who perform or furnish the planning or construction of the improvement, such as providers of engineer, architectural or construction services.

Accountant Malpractice

5 Years

“Within five years:

“(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated.” (Mo. Ann. Stat. § 516.120)

Wrongful Death

3 Years

“Every action instituted under section 537.080 shall be commenced within three years after the cause of action shall accrue.” (Mo. Ann. Stat. § 537.100)

What Is the Missouri Medical Malpractice Statute of Limitations?

The statute of limitations on a medical malpractice lawsuit in Missouri is two years.

“All actions against physicians, hospitals, dentists, registered or licensed practical nurses, optometrists, podiatrists, pharmacists, chiropractors, professional physical therapists, and any other entity providing health care services and all employees of any of the foregoing acting in the course and scope of their employment, for damages for malpractice, negligence, error or mistake related to health care shall be brought within two years from the date of occurrence of the act of neglect complained of.” (Mo. Ann. Stat. § 516.105)

Product Liability

5 Years

“Within five years:

“(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated.” (Mo. Ann. Stat. § 516.120)

Discovery Rule

“Section 516.100 describes “accrued” as: “the cause of action shall not be deemed to accrue when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment.”” Natalini v. Little, 185 S.W.3d 239, 243-44 (Mo. Ct. App. 2006)

What Is the Statute of Limitations for Intentional Torts in Missouri?

The Missouri tort statute of limitations is two years. Intentional torts are wrongs that resulted from an intentional act.

Fraud

10 Years

“(5) An action for relief on the ground of fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud.” (Mo. Ann. Stat. § 516.120)

“Fraudulent concealment does not toll the statute of limitations for fraud beyond what is provided for in § 516.120(5) and does not require actual discovery of the fraud before the statute begins to run.” (Cullom v. Crittenton, 959 S.W.2d 915 (Mo. Ct. App. 1998))

Missouri Discovery Rules

In most types of civil litigation, the statute of limitations runs from the date when the injury is or should have been discovered.

Municipal Liability/Sovereign Immunity

Missouri retains the right to sovereign immunity, but lawsuits are permitted seeking compensatory damages for injuries caused by negligent acts of public employees in operation of motor vehicles. Other specific negligent acts are also exempted from sovereign immunity by statute.

Comparative Negligence

Missouri follows the doctrine of comparative negligence when assessing damages.

Charitable Immunity

Charitable organizations are not immune to prosecution.

Legal Disabilities

For plaintiffs younger than 21 or insane plaintiffs, the statute of limitations begins to run upon the removal of their legal disability.

Damage Cap

The cap on noneconomic damages for all plaintiffs is $350,000, regardless of the number of defendants.

Punitive Damages

Punitive damages are allowed when injuries are negligently caused and the negligence is deemed to be wanton or reckless in character.

No-Fault Insurance

Missouri is not a no-fault state.

Consumer Fraud Complaints

Consumer fraud complaints in Missouri are handled by the Attorney General’s Consumer Protection Section. Complaints may be lodged online or by calling 1-800-392-8222.

Missouri Statutes of Limitations at a Glance

Personal Injury

5 years

Libel/Slander

2 years

Fraud

10 years

Injury to Personal Property

5 years

Malpractice

2 years

Trespass

5 years

Collection of Rents

10 years

Contracts

5 years

Judgments

10 years

Frequently Asked Questions

What Is the Difference Between a Statute of Repose and a Statute of Limitations?

A statute of limitations sets a time limit to file a lawsuit that often begins when the act in question occurred, but it may be delayed until the injury is discovered. A statute of repose also sets a time limit to file a lawsuit, but it typically runs from the date of a specific event, without a discovery rule.

How Long Does a Judgment Last in Missouri?

A judgment is considered to be active for ten years under Missouri law. Judgment creditors need to be aware of this information because after ten years, there is no relief available for the creditor.

What Is the Statute of Limitations on Medical Bills in Missouri?

Medical debt has a ten-year statute of limitations.

What Crimes Are Exempt From the Statute of Limitations?

Class A felonies have no statute of limitations in Missouri. These include murder, rape of a child, and first-degree arson.

Your Lawyer - Personal Injury Law Firm Image

Do you have questions about Statute of Limitations? Ask them here!

Jurisdiction List

  • Alabama Statute of Limitations
  • Alaska Statute of Limitations
  • Arizona Statute of Limitations
  • Arkansas Statute of Limitations
  • California Statute of Limitations
  • Colorado Statute of Limitations
  • Connecticut Statute of Limitations
  • Delaware Statute of Limitations
  • Florida Statute of Limitations
  • Georgia Statute of Limitations
  • Hawaii Statute of Limitations
  • Idaho Statute of Limitations
  • Illinois Statute of Limitations
  • Indiana Statute of Limitations
  • Iowa Statute of Limitations
  • Kansas Statute of Limitations
  • Kentucky Statute of Limitations
  • Louisiana Statute of Limitations
  • Maine Statute of Limitations
  • Maryland Statute of Limitations
  • Massachusetts Statute of Limitations
  • Michigan Statute of Limitations
  • Minnesota Statute of Limitations
  • Mississippi Statute of Limitations
  • Missouri Statute of Limitations
  • Montana Statute of Limitations
  • Nebraska Statute of Limitations
  • Nevada Statute of Limitations
  • New Hampshire Statute of Limitations
  • New Jersey Statute of Limitations
  • New Mexico Statute of Limitations
  • New York Statute of Limitations
  • North Carolina Statute of Limitations
  • North Dakota Statute of Limitations
  • Ohio Statute of Limitations
  • Oklahoma Statute of Limitations
  • Oregon Statute of Limitations
  • Pennsylvania Statute of Limitations
  • Puerto Rico Statute of Limitations
  • Rhode Island Statute of Limitations
  • South Carolina Statute of Limitations
  • South Dakota Statute of Limitations
  • Tennessee Statute of Limitations
  • Texas Statute of Limitations
  • Utah Statute of Limitations
  • U.S. Virgin Islands Statute of Limitations
  • Vermont Statute of Limitations
  • Virginia Statute of Limitations
  • Washington Statute of Limitations
  • Washington D.C. Statute of Limitations
  • West Virginia Statute of Limitations
  • Wisconsin Statute of Limitations
  • Wyoming Statute of Limitations

New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
(212) 267-6700

Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
(718) 469-6900

Sitemap

Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
(718) 469-6900

Long Island
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
(516) 466-6500

New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
(973) 323-3603

Florida
Parker Waichman LLP
27299 Riverview Center Blvd, Suite 108
Bonita Springs,FL 34134
(239) 390-1000

© 2022 Parker Waichman LLP
1-800-LAW INFO (1-800-529-4636)
www.yourlawyer.com

Please note that you are not considered a client until you have signed a retainer agreement and your case has been accepted by us.
Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Follow Us
Statutes of Limitations. Theme by Grace Themes

We are committed to making this website accessible, and as consistent with the Web Content Accessibility Guidelines (WCAG) 2.0 as possible. We closely follow guidance from the World Wide Web Consortium. We conduct ongoing accessibility reviews and remediate any functionality issues. These efforts are ongoing.

If, at any time, you have difficulty using this website, please contact us. Please be sure to specify the particular web page or function at issue, and provide us with any other information you may think will help us locate the area. We will strive to make that page accessible. If a page cannot be made accessible, we will work to make a text version available.