Missouri Personal Injury Law Resources

Missouri is one of the most plaintiff-favorable states in the nation, combining a five-year statute of limitations with pure comparative fault and no caps on general personal injury damages. Damage caps apply only to medical malpractice ($400,000 standard / $700,000 catastrophic, adjusted annually for inflation) and government claims. Missouri recently increased its auto insurance minimums from 25/50/25 to 30/60/25 effective 2024. The state is an at-fault jurisdiction no PIP or no-fault system.

Statute of Limitations

General Personal Injury FIVE Years

Missouri provides one of the longest statutes of limitations in the nation at five years for most personal injury claims under Mo. Rev. Stat. § 516.120(4). This applies to motor vehicle accidents, premises liability, product liability, and general negligence claims.

Specific Deadlines

Wrongful death: Three years from the date of death.

Medical malpractice: Two years from the date of the act or omission. Special rules apply for foreign objects, unreported test results, and minors.

Property damage: Five years.

Fraud-based claims: Five years from discovery.

Government Claims 90-Day Notice

Claims against the state or municipal government require written notice within 90 days of the incident. This is dramatically shorter than the general five-year period and catches many claimants off guard. The lawsuit itself must be filed within the applicable statute of limitations, but failure to provide timely notice can bar the claim entirely.

Tolling

Missouri is notably generous with tolling for minors plaintiffs under 21 years old at the time of injury have five full years after turning 21 to file. The statute also tolls during periods of mental incapacity and when a defendant leaves the state to avoid suit.

Pure Comparative Fault

Missouri follows a pure comparative fault rule under Mo. Rev. Stat. § 537.765. A plaintiff can recover damages regardless of their percentage of fault, as long as they are not 100% at fault. Damages are reduced proportionally.

A plaintiff who is 90% at fault can still recover 10% of their damages. Only about a dozen states use this plaintiff-friendly standard.

Note: Some sources reference a 2024 legislative change to a modified 50% bar system. However, the prevailing interpretation as of the most recent legislative session is that Missouri continues to follow pure comparative fault for most personal injury claims. Attorneys should verify the current status of any pending reform legislation.

Damage Caps

No General Personal Injury Caps

Missouri does not cap economic or non-economic damages in general personal injury cases including auto accidents, premises liability, product liability, and wrongful death. Plaintiffs can recover full compensation for medical expenses, lost wages, pain and suffering, and all other damages.

Medical Malpractice Caps

Under Mo. Rev. Stat. § 538.210, non-economic damages in medical malpractice cases are capped at:

• $400,000 for standard cases
• $700,000 for catastrophic injuries (paraplegia, quadriplegia, loss of two or more limbs, permanent cognitive impairment) or death

These caps are adjusted upward by 1.7% annually each January 1. The jury is not informed of these caps.

Punitive Damages

Punitive damages are capped at the greater of $500,000 or five times the compensatory damages awarded, under Mo. Rev. Stat. § 510.265.1.

Government Liability Caps

Claims against the state or municipal government are subject to both economic and non-economic caps, which are adjusted periodically. As of recent adjustments, the non-economic cap is approximately $460,000 and the economic cap approximately $441,000.

Auto Insurance Requirements

Missouri is an at-fault (tort) state.

Current Minimums 30/60/25 (Effective 2024)

Missouri increased its minimums from 25/50/25:

• $30,000 per person for bodily injury
• $60,000 per accident for bodily injury
• $25,000 per accident for property damage

No PIP or UM/UIM Required

Missouri does not require Personal Injury Protection (PIP) or Uninsured/Underinsured Motorist (UM/UIM) coverage, though UM/UIM coverage must be offered by insurers and the policyholder must affirmatively reject it in writing.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Missouri are filed in Circuit Court, the state's trial court of general jurisdiction. Missouri has 46 circuit courts covering 114 counties plus the City of St. Louis (which is an independent city, separate from St. Louis County). Associate Circuit Court handles smaller civil cases. Small Claims Court handles cases up to $5,000.

The City of St. Louis, St. Louis County, Jackson County (Kansas City), and Greene County (Springfield) handle the highest volume of personal injury litigation. The City of St. Louis and Jackson County have historically been considered among the most plaintiff-friendly venues in the nation.

Common Types of Personal Injury Cases in Missouri

Missouri's position as a major crossroads state, extensive interstate system, agricultural economy, and large metropolitan areas generate diverse personal injury litigation. Common case types include motor vehicle accidents (particularly on I-70, I-44, I-55, I-35, and I-49), commercial truck and 18-wheeler accidents, premises liability, medical malpractice, product liability, wrongful death, construction accidents, workplace injuries, nursing home abuse and neglect, dog bites (Missouri imposes strict liability on dog owners), railroad accidents, boating and watercraft injuries (Lake of the Ozarks generates substantial litigation), ATV and off-road vehicle accidents, pharmaceutical and medical device cases, and dramshop/liquor liability claims.

This page provides general legal information about Missouri personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Missouri to discuss the specific facts of your case.