Are There Exceptions That Give You More Time to Pursue Your Lawsuit Under Missouri law?
Yes, there are limited exceptions when the deadline to sue is extended. They include the following:
- You are a minor. If you were under 21 years old on the date of the car crash, you have five years from your 21st birthday to file your lawsuit.
- You are incapacitated. If you are considered mentally incapacitated, the five-year deadline will not start running until you are mentally competent.
- The driver left the state. The deadline to sue is also extended if the motorist leaves the state after the car accident.
What Happens If You Miss the Statute of Limitations in Your Car Accident Case?
One of the biggest mistakes you can make in a Missouri car accident claim is to miss the deadline to file your lawsuit.
If you file your complaint in court after the statute of limitations expires, the driver’s attorney will file a motion to dismiss it. The judge will grant the motion unless you fall into one of the exceptions listed above.
In addition, the insurance company will refuse to settle your claim. Why? They know you cannot sue their insured and do not have any reason to offer you a settlement.
Why It's Best to Pursue Your St. Louis Car Accident Claim Quickly
You may feel that you have a lot of time to file your claim with the insurance company if your auto wreck occurred recently. However, a delay in pursuing your rights could be a grave mistake.
After your crash, one of your first steps should be to contact our office and schedule your free initial consultation. Here are reasons why delaying hiring our car accident lawyers at Bollwerk & Associates, LLC, could weaken your claim:
- Witnesses could disappear. Eyewitnesses can provide powerful testimony to corroborate the other driver’s negligence and its role in causing your auto collision. However, if our legal team does not get their written statements soon after the wreck, their memories could fade, or we could be unable to locate them.
- Other evidence may not be available. If you delay pursuing your right to compensation, you could lose valuable evidence that could help you prove your case. For example, business and traffic camera footage may be destroyed or taped over, and helpful photos could be deleted from someone’s camera.
- The insurance company could fight your claim harder. The insurance company will likely dispute your claim or offer a lower settlement if you delay pursuing your rights. They could say that you were partially at fault for the auto accident, that another incident caused your injuries, or that your injuries are not very serious. It could be more challenging for our legal team to refute these arguments if lots of time has passed since your crash.
Don’t risk your potential compensation or the justice you deserve for your injuries. Let the team at Bollwerk & Associates, LLC, ensure you meet all filing deadlines for your case.
