MO · Accidents & Injuries

Accidents & Injuries in Missouri

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Missouri Law

Missouri Revised Statutes Section 516.120

Missouri imposes a five-year statute of limitations for personal injury claims. An injured party must generally file their lawsuit within five years of the date of the accident or injury.

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Procedural Details in Missouri

Missouri follows pure comparative fault under Missouri Revised Statutes Section 537.765, allowing plaintiffs to recover even if substantially at fault — their recovery is reduced proportionally. Missouri is a traditional tort (fault-based) auto insurance state. Missouri does not impose a general cap on compensatory damages in most personal injury cases. Government claims against the State of Missouri require compliance under Missouri Sovereign Immunity Act (MRS 537.600 et seq.). Missouri has a $2 million cap on non-economic damages in medical malpractice cases under MRS 538.210. Missouri's five-year limitations period is notably longer than most states for personal injury, though the general rule is subject to exceptions.

Missouri Agencies & Resources

Missouri Department of Commerce and Insurance

Regulates insurance companies in Missouri and handles consumer complaints about auto and accident insurance.

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Missouri Department of Revenue — Motor Vehicle Bureau

Manages Missouri vehicle titles, registrations, driver licensing, and accident-related records.

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The Missouri Bar — Lawyer Referral Service

Provides referrals to Missouri-licensed personal injury attorneys.

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Frequently Asked Questions

How long do I have to file a personal injury lawsuit in Missouri?

Missouri Revised Statutes Section 516.120 provides a five-year statute of limitations for personal injury claims — longer than most states. However, government entity claims may have shorter notice and filing deadlines under the Missouri Sovereign Immunity Act. Despite the longer period, prompt action preserves evidence and protects your claim.

How does Missouri's pure comparative fault rule work?

Under Missouri Revised Statutes Section 537.765, Missouri uses pure comparative fault. Even if you are 90% at fault for an accident, you may still recover 10% of your damages. There is no threshold that bars recovery based on fault percentage, making Missouri more favorable to partially at-fault plaintiffs than modified comparative fault states.

Is Missouri a no-fault auto insurance state?

No. Missouri is a traditional tort (fault-based) state. The at-fault driver's liability insurance is responsible for compensating injured parties. Missouri does not require mandatory personal injury protection (PIP) coverage.

Are there caps on damages in Missouri accident cases?

Missouri does not impose a general cap on compensatory damages in most personal injury accident cases. However, non-economic damages in medical malpractice cases are capped at $2 million under MRS 538.210. Government entity claims under sovereign immunity may also be subject to recovery limitations. Punitive damages are subject to Missouri constitutional and statutory review.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026