Missouri · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Missouri?

Missouri gives you 5 years from the date of injury to file a personal injury lawsuit under Mo. Rev. Stat. § 516.120.

Updated 2026-05-22 · See all 50 states

Key facts: Missouri

Personal injury deadline
5 years
Mo. Rev. Stat. § 516.120
Wrongful death deadline
3 years
Mo. Rev. Stat. § 537.100
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Missouri follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Missouri

Missouri has an unusually long five-year PI deadline under § 516.120. Wrongful death is three years from the date of death under § 537.100. Medical malpractice has its own two-year deadline under § 516.105.

Related: Missouri comparative negligence rule

Missouri follows a pure comparative rule. Pure comparative fault adopted by the Missouri Supreme Court in Gustafson v. Benda under the Uniform Comparative Fault Act framework. Mo. Rev. Stat. § 537.765 codifies pure comparative fault for products-liability claims.

Read the full Missouri comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Missouri attorney before relying on it.

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Missouri Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Missouri?

In Missouri, the general personal injury statute of limitations is 5 years from the date of injury under Mo. Rev. Stat. § 516.120. Missouri has an unusually long five-year PI deadline under § 516.120. Wrongful death is three years from the date of death under § 537.100. Medical malpractice has its own two-year deadline under § 516.105.

Does Missouri have a separate deadline for wrongful death?

Yes. Missouri's wrongful death statute of limitations is 3 years under Mo. Rev. Stat. § 537.100. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Missouri personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Missouri personal injury attorney before assuming a claim is barred.

What is Missouri's comparative negligence rule?

Missouri follows a pure comparative rule under Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983). Pure comparative fault adopted by the Missouri Supreme Court in Gustafson v. Benda under the Uniform Comparative Fault Act framework. Mo. Rev. Stat. § 537.765 codifies pure comparative fault for products-liability claims.

Where can I read the actual statute?

The controlling statute is Mo. Rev. Stat. § 516.120. The full text is available on the official Missouri legislature website at https://revisor.mo.gov/main/OneSection.aspx?section=516.120.

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