Missouri Statute of Limitations for Civil Cases
Missouri Civil Statutes of Limitations: A Complete Guide
Statutes of limitations are critical deadlines that govern how long a plaintiff has to file a civil lawsuit. In Missouri, these periods vary significantly depending on the type of claim. Missing a deadline can result in permanent loss of your legal right to sue, regardless of the claim's merit. Understanding Missouri's specific time limits, discovery rules, and tolling provisions is essential for any litigant.
Overview of Missouri's Statute of Limitations Framework
Missouri bases most of its civil statutes of limitations on Mo. Rev. Stat. § 516.097, which provides the general framework for calculating limitation periods. The state uses a "clock starts" approach: the limitation period begins running when the cause of action accrues, not when the plaintiff discovers the harm (with important exceptions noted below).
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Personal Injury Claims
Time Period: 5 years
Statute Citation: Mo. Rev. Stat. § 516.120(1)
When the Clock Starts: The clock begins running on the date of the injury or accident that caused the harm.
Personal injury claims encompassing general negligence, slip-and-fall accidents, car accidents, and other bodily injury cases must be filed within five years from the date of injury. This is one of Missouri's longer limitation periods, providing more time than many other states offer.
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Breach of Written Contract
Time Period: 10 years
Statute Citation: Mo. Rev. Stat. § 516.120(2)
When the Clock Starts: The limitation period begins on the date of the breach, not when the contract was signed.
Written contracts receive favorable treatment under Missouri law. Whether the breach involves failure to pay, failure to deliver goods or services, or violation of other contractual obligations, the plaintiff has a full decade to pursue the claim. This lengthy period reflects Missouri's policy of enforcing formal, documented agreements.
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Breach of Oral Contract
Time Period: 4 years
Statute Citation: Mo. Rev. Stat. § 516.120(1)
When the Clock Starts: The limitation period begins on the date the oral contract was breached.
Oral contracts receive less protection than written ones under Missouri law. The four-year window is significantly shorter than the ten-year period for written contracts, reflecting the difficulty of proving oral agreements and the potential for memory disputes. This shorter period encourages parties to memorialize important agreements in writing.
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Fraud Claims
Time Period: 4 years (with discovery rule exception)
Statute Citation: Mo. Rev. Stat. § 516.120(1)
When the Clock Starts: Generally on the date the fraudulent act occurred, but Missouri recognizes the discovery rule for fraud.
Missouri applies the discovery rule to fraud claims under Mo. Rev. Stat. § 516.097(3). This means the statute of limitations does not begin running until the plaintiff discovered the fraud or, in the exercise of reasonable diligence, should have discovered it. Fraud is uniquely positioned because the defrauding party intentionally conceals wrongdoing, making it inequitable to start the clock at the moment of deception.
The discovery rule is critical: a plaintiff might have years to file after actually discovering the fraud, even if the fraudulent conduct occurred long ago. However, the plaintiff must act with reasonable diligence once red flags appear.
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Property Damage Claims
Time Period: 5 years
Statute Citation: Mo. Rev. Stat. § 516.120(1)
When the Clock Starts: The limitation period begins on the date the property damage occurs.
Claims involving damage to real or personal property—including vandalism, collision damage, or destruction—must be brought within five years. This aligns with the personal injury period and reflects the general negligence statute in Missouri.
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Medical Malpractice Claims
Time Period: 2 years from discovery (subject to absolute repose period)
Statute Citation: Mo. Rev. Stat. § 516.105
When the Clock Starts: The clock begins running when the plaintiff discovers (or in the exercise of reasonable care should have discovered) the injury caused by medical negligence.
Absolute Repose Period: No claim may be brought more than 10 years after the date of the act or omission giving rise to the claim, regardless of when it was discovered. Mo. Rev. Stat. § 516.105(3).
Medical malpractice in Missouri operates differently than general personal injury claims. The state applies the discovery rule: the two-year limitation period does not begin until the plaintiff knows (or reasonably should know) of the injury and its causal connection to the defendant's negligence. However, this discovery rule benefit is capped by an absolute 10-year repose period measured from the date of the negligent act itself.
Example: A surgeon leaves a sponge inside a patient in 2020. The patient discovers the sponge in 2015 (through imaging for an unrelated problem). The patient has two years from 2015 to file (deadline: 2017). However, if the patient didn't discover it until 2030, the claim would be barred by the 10-year repose period dating from 2020.
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Wrongful Death Claims
Time Period: 3 years
Statute Citation: Mo. Rev. Stat. § 516.120(4)
When the Clock Starts: The limitation period begins on the date of death, not the date of injury leading to death.
Wrongful death claims—brought by the estate or surviving family members when negligence or wrongful conduct causes someone's death—have a three-year deadline. This is shorter than general personal injury claims, reflecting the distinct nature of death claims. The clock runs from the death date even if the underlying injury occurred years earlier.
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Defamation, Libel, and Slander
Time Period: 1 year
Statute Citation: Mo. Rev. Stat. § 516.120(3)
When the Clock Starts: The limitation period begins on the date of publication of the defamatory statement.
Missouri provides one of the shortest limitation periods for defamation claims. The one-year deadline encourages prompt legal action and reflects the importance of timely response to reputational harm. For libel (written defamation), the clock runs from publication date. For slander (oral defamation), it runs from the date the statement was made to a third party.
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Trespass Claims
Time Period: 3 years
Statute Citation: Mo. Rev. Stat. § 516.120(4)
When the Clock Starts: The limitation period begins on the date the trespass occurred.
Trespass claims—whether involving real property invasion, personal property interference, or nuisance-adjacent conduct—must be brought within three years. Each separate act of trespass starts its own limitation period, so a continuing trespass could have multiple triggering dates.
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Debt Collection and Promissory Notes
Time Period: 10 years
Statute Citation: Mo. Rev. Stat. § 516.120(2)
When the Clock Starts: The limitation period begins on the date the debt was due (the maturity date of the note or when payment became due under the debt instrument).
Promissory notes and other written debt instruments receive the same ten-year protection as written contracts. However, Missouri law requires that the plaintiff prove the debt actually exists; creditors cannot rely solely on an old note without other corroborating evidence if the debt is disputed. The ten-year period applies to collection actions on the note itself; separate tort claims (like fraud) would follow their own limitation periods.
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The Discovery Rule and Delayed Accrual
Statute Citation: Mo. Rev. Stat. § 516.097(3)
Missouri recognizes the discovery rule in limited circumstances. Rather than the cause of action accruing when the defendant's wrongful act occurs, it accrues when the plaintiff discovers (or reasonably should discover) the injury and its causal connection to the defendant's conduct.
When the Discovery Rule Applies:
When the Discovery Rule Does NOT Apply:
Practical Caveat: "Reasonable discovery" is objective, not subjective. The clock starts when a reasonable person would have discovered the injury through reasonable diligence, even if the plaintiff personally remained ignorant. Courts examine what the plaintiff knew, what facts were available, and what investigations a reasonable person would have made.
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Tolling Provisions: When the Clock Stops Running
Missouri law suspends (tolls) the running of the statute of limitations in specific circumstances:
Minority
Citation: Mo. Rev. Stat. § 516.097(1)
If the plaintiff is a minor when the cause of action accrues, the statute of limitations does not begin running until the plaintiff reaches the age of majority (18 in Missouri). This protection ensures minors have a reasonable opportunity to pursue claims once they gain legal capacity.
Example: A child is injured in a negligent accident at age 5. The five-year personal injury statute does not begin running until the child turns 18. The child then has five additional years (until age 23) to file.
Mental Incapacity
Citation: Mo. Rev. Stat. § 516.097(1)
If the plaintiff is mentally incapacitated at the time the cause of action accrues, the statute of limitations is tolled (paused) until the incapacity ends or a guardian is appointed. "Mental incapacity" means the plaintiff lacks the mental ability to understand the nature and consequences of their legal rights.
Absence from Missouri
Citation: Mo. Rev. Stat. § 516.097(2)
If the defendant is absent from Missouri without establishing residency in the state, the time of absence does not count toward the statute of limitations. This prevents defendants from avoiding suit by leaving the state.
Military Service
Citation: Mo. Rev. Stat. § 516.097(1)
Service in the U.S. armed forces tolls (pauses) the statute of limitations during the period of active service.
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Calculating the Deadline: Practical Examples
Example 1 - Five-Year Personal Injury:
Plaintiff is struck by a car on June 15, 2022. The five-year personal injury deadline is June 15, 2027. Any lawsuit filed on June 16, 2027 is barred.
Example 2 - Ten-Year Written Contract with Tolling:
Plaintiff and a contractor sign a written agreement on January 1, 2020. The contractor breaches on March 1, 2020. The plaintiff is 16 years old at the time of breach. The ten-year deadline is normally March 1, 2030, but because the plaintiff was a minor, the clock doesn't start running until the plaintiff turns 18 (January 1, 2022). The new deadline is March 1, 2032.
Example 3 - Two-Year Medical Malpractice with Discovery Rule:
A surgeon negligently closes an abdominal incision on May 1, 2020. The patient has complications and discovers the error through a CT scan on March 15, 2023. The two-year clock begins on March 15, 2023. The deadline is March 15, 2025. The absolute ten-year repose period (May 1, 2030) has not yet passed, so it doesn't bar the claim.
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What Happens If You Miss the Deadline
Permanent Loss of Claim: Once the statute of limitations expires, the defendant can file a motion to dismiss on statute-of-limitations grounds. Missouri courts must enforce the deadline. No matter how strong the underlying claim, filing one day late results in dismissal with prejudice (meaning the plaintiff cannot refile).
No Equitable Exceptions: Missouri does not recognize a "relation back" doctrine for claims that should have been discovered earlier. The discovery rule is narrow and applies only to specific claims (fraud, medical malpractice, latent defects).
Burden on Plaintiff: The plaintiff bears the burden of proving the claim was timely filed. The defendant does not have to prove the claim is barred; the plaintiff must show the filing was within the limitation period.
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