Knowing when to file your lawsuit can be just as important as why you are filing it. Filing late can have disastrous consequences for your legal action. You must file by the applicable statute of limitations, or your case could be dismissed outright by the trial court. There are different statutes of limitations for different kinds of cases, so it is crucial that you speak with a Missouri attorney as soon as possible.
The experienced lawyers at Mark Harford Law can help you file a lawsuit in the appropriate timeframe. A key thing to know is, don’t wait. The sooner you get your information to your attorney, the better your chances are of filing in time and preserving evidence you need to win. Schedule a consultation to learn more about your individual case.
What is a Statute of Limitations?
A statute of limitations is a law that sets a date by which you have to file your legal action. You must initiate the legal proceedings within that time limit or risk your case being dismissed. Missouri courts are generally required to dismiss late filings, regardless of the merits of your individual claim. This means you could have a winning case, but still lose if you wait too long.
Statutes of limitation are meant to help encourage people to file timely cases. This helps avoid causes of action filed many years after the incident happened. It also preserves evidence and is fair to the general public, so there is a general understanding of when legal liability ends.
Statutes of Limitations in Missouri: Common Types of Cases You May Have Questions About
There are a great many statutes of limitations under our state’s laws. This page cannot list them all, but here are some of the most common case types and their filing limitations.
- Personal Injury Cases – Five Years
- Fraud – Ten Years
- Libel or Slander – Two years
- Contracts – Five years for written and oral contracts; Ten years for payment of money or property
- Judgments – Ten years
- Collection of debt on an account – Ten years
- Medical Malpractice – Two years from the date of injury or its discovery, but subject to a 10-year statute of repose
Your case may fall within one of these categories and time limitations, or it may not. Even if you see your case type above, understand that individual circumstances or exceptions might apply that might extend or even shorten the time in which you have to file. It is critical to talk to an attorney right away about your case.
What Happens If I Miss the Missouri Statute of Limitations Deadline?
Missing the filing deadlines matters a great deal. Most likely, your case will get dismissed by the trial court as untimely. This means the court won’t hear the case and it can’t move forward. It is not allowed to consider whether your case has merit or not. This means that, even if you would have won significant compensation had you filed in time, that will not matter if you file late.
With that said, don’t assume your case is past the time limits, even if it seem like it might be. Speak with a qualified attorney to see if an exception applies, as statute of limitations period questions can be quite fact-dependent.
File Your Case in Plenty of Time: Talk to a Missouri Attorney Today
If you are not sure how much time you have to file, it is best to speak with an attorney right away. Your attorney can help you make that determination and begin the process of filing as soon as possible. Don’t wait to ask about your claim. Even if the statute of limitations is years from now in your case, evidence is always freshest closer to when the legal harm happened.
Let the dedicated Missouri attorneys at Mark Harford Law help you avoid statute of limitations issues. Contact us today for a consultation.