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

Frequently Asked Questions