What RSMo 516.120 Means for Your Personal Injury Case in Missouri
You were hurt because someone else was careless. Now you are wondering whether you still have time to file a lawsuit and recover compensation for your medical bills, lost wages, and pain and suffering. The answer starts with Missouri Revised Statutes Section 516.120 — the statute that sets the legal deadline for most personal injury claims in this state.
Under RSMo 516.120, most personal injury victims in Missouri have five years from the date of injury to file a civil lawsuit. That five-year window applies to car accidents, truck crashes, motorcycle collisions, slip and fall accidents, dog bites, and many other injury claims. It is one of the longer deadlines in the country, but it is also one that people routinely underestimate — and the consequences of missing it are severe.
Do not wait to find out where you stand. Contact The Law Office of Chad G. Mann for a free consultation today.
When Does the Five-Year Clock Start?
For most personal injury cases, the statute of limitations clock starts on the date the injury occurs. If you were in a car accident in Springfield on March 1, 2025, you generally have until March 1, 2030, to file suit against the at-fault driver. The date of the accident is the starting point, not the date your treatment ends or the date you hire a lawyer.
This rule sounds straightforward, but there are situations where the injury date is not obvious — and that is where the law gets more nuanced.
The Discovery Rule: When You Did Not Know Right Away
Missouri recognizes a legal concept called the discovery rule, which applies when an injury is not immediately apparent. Under this exception, the five-year clock does not start until the injured person knew or reasonably should have known about the injury and its likely cause.
A common example: toxic exposure cases, latent occupational diseases, or situations where symptoms do not appear until months or years after the harmful event. In these circumstances, courts look at when a reasonable person exercising ordinary diligence would have discovered the injury — not when the exposure or incident first happened.
The discovery rule requires careful legal analysis. Claiming it is not automatic, and courts scrutinize whether a plaintiff really had no way to know earlier. If you suspect your injury may have a delayed discovery component, talk to an attorney immediately so the correct deadline can be calculated before you lose the right to file.
Minors and the Statute of Limitations
Missouri law provides important protection for injured children. If the person injured was under 21 years old at the time of the injury, the statute of limitations does not begin to run until they reach age 21. From that birthday, the normal limitations period applies.
This protection exists because minors cannot legally file lawsuits on their own behalf. A parent or guardian can file a claim on behalf of a minor child during childhood, but the child also retains the right to file independently after reaching majority. If you have a child who was injured years ago and no lawsuit was filed, the deadline may not have passed yet — but you should confirm this with an attorney without delay.
Claims Against Government Defendants: Much Shorter Deadlines
This is the exception that catches the most people off guard. If your injury was caused by a government employee, a government vehicle, or a dangerous condition on government property — such as a poorly maintained road or a defective sidewalk — you are not dealing with the standard five-year window.
Claims against Missouri state agencies and local government entities are governed by the Missouri Tort Claims Act (RSMo 537.600 et seq.), and the rules are stricter:
- You must file a written notice of claim with the appropriate government entity before filing a lawsuit. This notice requirement is separate from and prior to the lawsuit itself.
- For most claims against the state or a political subdivision, the notice must be filed within 90 days of the injury (for some entities) or within a period specified by the entity’s own rules.
- The filing deadlines for the actual lawsuit can be as short as two years depending on the entity involved.
The government immunity exceptions are procedurally demanding. Miss the notice deadline, and your claim may be permanently barred — regardless of how strong your evidence is. If a government vehicle or agency may have contributed to your injury, consult an attorney within days, not months.
Government deadline rules are complex and unforgiving. Reach out to Chad G. Mann for a free consultation and get the right answer for your specific situation.
Other Special Deadlines Missouri Injury Victims Should Know
Beyond government claims, several other categories of personal injury cases carry deadlines shorter than the standard five years:
Wrongful Death: Three Years
If a family member was killed because of someone else’s negligence, Missouri Revised Statutes Section 537.100 gives eligible family members three years from the date of death to file a wrongful death lawsuit. This is two full years shorter than the general personal injury deadline. Grief and financial chaos make it easy to let these months slip by. If you lost a loved one in an accident, reach out to an attorney early so this deadline does not quietly pass.
For a full overview of how these claims work, see our guide on understanding wrongful death claims in Missouri.
Medical Malpractice: Two Years
Medical negligence claims in Missouri are subject to a two-year statute of limitations under RSMo 516.105. The clock typically runs from the date of the negligent act or omission, though the discovery rule may apply in cases of concealment or delayed diagnosis. This is a significantly tighter window than most personal injury cases.
Products Liability
Claims involving defective products generally fall under the five-year window of RSMo 516.120, but they may also be affected by Missouri’s statutes of repose — absolute time bars that apply regardless of when the injury was discovered. Products liability cases require careful legal analysis.
What Happens If You Miss the Deadline?
This is the part that matters most, and it is worth being direct about it: if you miss the statute of limitations, you almost certainly lose your right to sue forever.
When a plaintiff files a lawsuit after the deadline has passed, the defense files a motion to dismiss on statute of limitations grounds. Missouri courts routinely grant these motions. It does not matter how serious your injuries were. It does not matter how clearly the other party was at fault. It does not matter that you have medical bills you cannot pay. Once the deadline passes, the legal door closes — and it is very rare that a court will reopen it.
The only limited exceptions involve situations like:
- Fraudulent concealment by the defendant that prevented you from discovering the claim
- The defendant was absent from Missouri for a period, pausing the clock under RSMo 516.200
- The plaintiff was of unsound mind at the time of the injury
These exceptions are narrow and hard to prove. Do not count on them. The only reliable protection is filing before the deadline expires.
Why the Five-Year Window Is Shorter Than It Looks
Five years sounds generous. In practice, it is not. Here is why:
Evidence disappears fast. Accident scene photos fade from memory. Surveillance footage gets overwritten. Witnesses move away or forget details. Physical evidence gets lost or destroyed. The stronger your evidence, the better your case — and evidence is strongest immediately after an accident, not four years later.
Medical documentation is harder to reconstruct. If you wait years to pursue a claim, you may find that medical records from the early treatment period are harder to obtain, or that gaps in your treatment timeline create problems for proving damages.
Insurance companies take advantage of delays. The longer you wait, the more the insurance company can argue that your injuries are not that serious, that you have recovered, or that something else caused your ongoing problems. Filing sooner — and having an attorney negotiate on your behalf sooner — typically leads to better outcomes.
Attorneys need time to build your case properly. Rushing a lawsuit to beat a deadline rarely produces the best results. When you retain counsel early, your attorney has time to investigate, gather expert opinions, negotiate effectively, and prepare for trial if needed.
Time is working against you. Schedule a free consultation with Chad G. Mann today and find out exactly where your deadline stands.
Springfield and Southwest Missouri: Local Courts and Local Stakes
The Law Office of Chad G. Mann is based in Springfield and serves clients throughout Greene County and the surrounding Southwest Missouri region. Personal injury lawsuits in this area are typically filed in Greene County Circuit Court, which handles civil matters for Springfield and surrounding communities including Nixa, Ozark, Republic, and Battlefield.
Missouri’s statewide statute of limitations applies uniformly — you get the same deadlines in Springfield as you would in Kansas City or St. Louis. But the local court environment matters. Greene County judges see personal injury cases regularly, and the defense lawyers for local insurance companies are experienced at using procedural arguments — including statute of limitations defenses — to defeat claims. Having an attorney who knows this local landscape makes a real difference.
Chad G. Mann spent years working with major insurance companies before founding his practice in 2017. He knows exactly how insurers evaluate deadlines and use delay against claimants. That experience now works for you.
Frequently Asked Questions About Missouri’s Personal Injury Statute of Limitations
Does the clock stop if I am still treating for my injuries?
No. Ongoing medical treatment does not pause the statute of limitations. The clock runs from the date of injury, not the date your treatment ends. You can file a lawsuit while still treating — and in many cases, you should.
What if the insurance company is still negotiating with me?
Insurance negotiations do not pause the statute of limitations. A common tactic is to drag out negotiations until the deadline passes, leaving you with no leverage. If negotiations are ongoing and the deadline is approaching, you may need to file suit to preserve your rights — even if you prefer to settle without going to court.
Can I file a lawsuit and still settle out of court?
Yes. Filing a lawsuit does not mean your case will go to trial. The vast majority of personal injury cases in Missouri — including most of the cases handled at The Law Office of Chad G. Mann — resolve through settlement after a lawsuit is filed. Filing simply preserves your legal rights and often motivates the other side to negotiate more seriously. To learn more about the process, see our guide on working with a Springfield auto accident attorney.
What if the at-fault party is uninsured or underinsured?
The statute of limitations still applies. You may be filing a claim against your own uninsured/underinsured motorist coverage, which involves its own contractual deadlines — sometimes shorter than the statutory five years. Read your insurance policy and consult an attorney promptly.
Do I have to go to court if I file a lawsuit?
Not necessarily. Most cases settle before trial. But you cannot settle from a position of strength unless you have the option to go to trial — and you lose that option if you miss the filing deadline. Think of filing as preserving your choices, not committing to a courtroom battle.
Contact Chad G. Mann: Free Consultation for Missouri Injury Victims
If you were injured in an accident in Springfield or anywhere in Southwest Missouri, the statute of limitations is running right now. Every day you wait narrows your options and gives the other side more time to build a defense.
The Law Office of Chad G. Mann offers free consultations with no obligation. You pay nothing unless we recover compensation for you. Chad handles cases on a 30% contingency fee — lower than the 33-40% charged by many larger firms — so there is no financial barrier to getting legal advice today.
Call (417) 842-8679 or use our online contact form to schedule your free consultation. Serving Springfield, Nixa, Ozark, Republic, Branson, and all of Southwest Missouri.
