Each state’s legal system has a Statute of Limitations in place for civil lawsuits. Civil suits can pertain to personal injury, property damage, medical malpractice, trespassing, and more. In the State of Missouri, if you are involved in a truck accident, the Statute of Limitations for filing a truck accident claim is 5 years. If you or someone you love has been injured in a truck accident and are unsure whether they are eligible to file a claim under Missouri’s Statute of Limitations, the Dixon Injury Firm has put together the following guide on Missouri’s Statute of Limitations.
What is a Statute of Limitations?
A Statute of Limitations is a specific time frame that accident victims are eligible to file a claim. Statute of Limitations vary from state-to-state and are different for each type of accident. If a person is aware of their injuries from an accident and attempts to file a claim past their state’s Statute of Limitations, their claim won’t be accepted and they’ll forfeit all rights to recover compensation for their damages from the accident.
Who Can File a Truck Accident Claim in Missouri Under the Statute of Limitations?
If you are in a truck accident there are several factors to consider when determining if you are eligible to file a claim. Were you injured in the accident? When did you find out that you were injured? Who caused your injuries? Was other damage done in the accident? And several other questions can be helpful when determining if you can file a truck accident claim in Missouri. The Statute of Limitations in Missouri for personal injury and property damage is up to 5 years after an accident. In Missouri, which is an at-fault state that follows the rule of ‘comparative negligence‘, this means that all drivers involved in an accident have 5 years to file a claim and can recover damages that are proportionate to their degree of responsibility in the crash.
What is the Statute of Limitations in Missouri for Truck Accident Claims?
The purpose of a Statute of Limitations is to primarily limit the number of falsified claims that are made and to keep the legal system fair and just. While it can be terrible to not realize that there is a Statute of Limitations for your claim until it’s too late, the truth is that it’s a good thing. If a Statute of Limitations wasn’t in place for accidents, the legal system would be unfair, there would be more false claims receiving compensation for damages that didn’t occur, and this could even cause some states that don’t have a damages cap to adopt one. In Missouri, there is not currently a damages cap in place for any kind of injury or losses caused by an accident, so with a valid truck accident claim, victims can recover compensation for the following:
- Medical Expenses – if you have any medical bills, ambulance fees, medical accessories, or other medical expenses that you had to pay for to treat your injuries from the truck accident, you can recover reimbursement for those expenses caused by the crash
- Property Damage – when an accident happens it’s crucial to document any damage that is done to your vehicle or personal property during the crash. You can recover repair costs for your vehicle or the amount of your totaled vehicle (whichever is less) from the other party’s insurance company
- Lost Wages – if you had to miss work because of a truck accident, you could recover lost income that you experienced from the accident
- Pain and Suffering – mental, emotional, and physical distress often accompany physical injuries. If you require therapy, medication, or other treatment to treat distress caused by your injuries from a truck accident, you could be eligible to recover reimbursement
- Other Expenses Caused By the Accident – if you had to pay out-of-pocket for anything because of the truck accident, these expenses can be included in your demand letter along with other damages you’re claiming from the accident
It can be difficult to figure out which damages you are eligible to claim from an accident, but an experienced attorney can analyze your case and quickly determine this. Your attorney can determine if your case falls under Missouri’s Statute of Limitations, and if it does, they can help you decide what damages to claim, write a detailed demand letter including these damages, and file a compelling insurance claim against the at-fault truck driver. Once the other party’s insurance company provides an offer for your damages, you and your lawyer can decide to either accept it, negotiate for a higher offer, or fight for your claim in court.
Consult a Lawyer in Missouri About Your Truck Accident Claim Today
An experienced lawyer is the best defense against the negligent truck driver that caused your accident. Your lawyer has your case’s best interests at heart and will do everything they can to recover the most damages for your truck accident claim. If the truck driver was on the clock when the accident happened, with proof of employment, your lawyer can recover damages from the truck driver that caused your accident and the company they are employed with. If you need a lawyer to provide guidance for your truck accident claim in Missouri, contact the Dixon Injury Firm today to discuss your case. Our attorneys can provide more information on the Statute of Limitations for truck accident claims in Missouri and give you a potential outcome for your case.