Personal Injury Lawsuit in Missouri
Filing a personal injury lawsuit in Missouri is a structured legal process. Understanding the steps, deadlines, and pure comparative fault rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
5 years
Filing Deadline
Pure comparative fault
Fault System
At-Fault
Auto System
$12,000 – $60,000
Avg Settlement
Lawsuit Steps in Missouri
Hire an Attorney
Most personal injury attorneys in Missouri work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Missouri court. You must file within 5 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Missouri court rules.
Key Missouri Law Facts
Missouri applies pure comparative fault — injured plaintiffs can recover compensation regardless of their percentage of fault, with the damages award reduced proportionally by the percentage attributed to the plaintiff under Missouri Supreme Court precedent.
Missouri provides a notably long 5-year statute of limitations for personal injury claims under § 516.120 RSMo, giving injured victims substantially more time to investigate, treat their injuries, and decide whether to pursue litigation.
Missouri does not require no-fault PIP auto insurance and operates as a traditional at-fault tort state, meaning the at-fault driver's liability insurance is responsible for covering medical expenses, lost wages, and pain and suffering damages.