When dealing with a serious truck accident, it’s crucial to act swiftly. Amidst medical care, car repairs, and the upheaval in your life, filing a legal claim may not be your immediate priority. However, timing is paramount in these cases. Missing the filing deadline could result in losing your right to compensation. Therefore, seeking legal advice promptly is imperative to preserve your rights and maximize your compensation.
In Missouri, the fundamental law of limitations for bringing a claim for personal injury—such as a truck accident—is five years from the wreck date (Mo. Rev. Stat. §516.120). Yet, there are some circumstances where this time is extended or “tolled” so you have more time to move. That’s what we address here and what to do if you believe your window is closing.
If you’re uncertain about your situation, consulting a truck accident lawyer in Springfield is highly recommended. They are well-versed in Missouri law and can provide expert advice on whether you still have time to file a claim.
Knowing the Time Limits on Truck Accident Claims
Missouri statute provides victims of injuries with a relatively broad time limit compared to other states, but that doesn’t equate to you waiting until the last minute. The rule of five years usually begins on the accident date or when the victim learned about the injury. The law is intended to keep cases even and evidence fresh, but it does provide for some exceptions when the cause of justice so requires.
Based on statistics released by the Missouri Department of Transportation, more than 4,000 injuries and 146 deaths were caused by significant truck accidents statewide in 2023. With all these serious incidents, the court knows that all victims may not be able to file initially, particularly when injuries are complicated or recovery is long-term.
When You May Be Eligible for an Extension
The following are some examples where the filing deadline may be prolonged under Missouri statutes:
1. The victim was a minor or mentally incapacitated
If the injured party was under 21 or legally incapacitated when the accident occurred, the statute doesn’t begin to run until they reach the age of majority or regain capacity.
2. The defendant left the state
If the truck driver or trucking firm behind the accident is out of Missouri when they leave the state following the collision and before you make your claim, the time they’re gone doesn’t apply toward the five-year deadline.
3. The injury wasn’t immediately discovered
Injuries—such as internal injuries or head trauma—sometimes aren’t apparent right away. If the damage was found later on, the “discovery rule” might grant you extra time to bring your case after you become aware that you were injured.
These exceptions have strict legal conditions, so it’s wise to seek guidance from a truck accident attorney in Springfield who understands how to use them appropriately.
Why You Shouldn’t Wait Too Long to File
Delays still hurt your chances even if you believe your case is eligible for an extension. Evidence erodes, witnesses lose their memories, and insurance companies become less helpful with time. Having an attorney working for you early helps to obtain police reports, truck data logs, and medical records before they are gone.
As a personal injury attorney close to 65806, I always remind clients that early action not only safeguards your right to sue—it makes your whole claim stronger. By taking early action, you’ll have more time to develop a case, negotiate, and, if necessary, get ready for trial, giving you a strong foundation for your claim and a sense of hope for a successful outcome.
What to Do If You Feel Like You’re Running Out of Time
If your claim deadline is approaching or you’re unsure about the remaining time, it’s crucial to take immediate action. Here’s what you should do without delay:
- Get your documents in order: Bring together all police reports, medical records, and communication with insurers.
- Call a lawyer: A good lawyer can meet with you and complete the paperwork before it’s too late.
- Don’t assume: Don’t take what you read online or what others tell you at face value—every case is different and has different timing issues.
The takeaway? Don’t assume you’re out of choices until you’ve consulted with a professional who can tell you so.
Preserving Your Rights Following a Truck Collision
Truck collision claims are intricate, and forgetting to file within the allotted time will shut the door on the recovery you are entitled to. If you require assistance with ascertaining whether or not your filing time can be extended, or you are ready to proceed now, obtaining the services of a lawyer sooner rather than later makes all the difference.
Here at Rah Law, we assist hurt Missourians in navigating the claims process daily. As your reliable Springfield Personal Injury Lawyer, I’m here to inform you of your rights, ensure crucial deadlines are met, and confidently seek full recovery, providing you with the support and guidance you need during this challenging time.
