.png)
The statute of limitations of a legal process is the time people have to start that claim. That doesn't mean they have to complete it in that time, just start or file it. As for personal injury claims, most of them have the same statute of limitations, but it's not always the same. Hence, people need to stay aware of that deadline to make sure they have enough time to start the legal procedure.
Pedestrian accidents are more common than many people think, and they are also more dangerous compared to others. It's not the same to crash a car with another and have the whole vehicle as protection as to have them directly hit another person.
Although people can't erase the fact that the accident happened, they can get compensation to cover medical bills, lost wages, property damage, and even things such as emotional and physical distress. Therefore, it's soul-crushing to see people being unable to file a pedestrian personal injury claim because they exceeded the statute of limitations deadline.
People can read this page to learn the Missouri personal injury statute of limitations for pedestrian accidents and everything they need to know about the process. The Powell Law Firm is available for anyone looking for a personal injury attorney in Missouri. They can also consult on the motorcycle accident statute of limitations in Missouri.
What Is the Pedestrian Accident Statute of Limitations in Missouri?
People have five years from the day of a pedestrian accident to file a lawsuit against the other party. That statute of limitations applies to motorcycle crashes, car accidents, and most personal injury cases in general.
Although five years from the date of the accident is more than enough to file a personal injury claim, this is not something that will take only a few minutes. Whether it's a pedestrian crash or a car accident, lawyers need to collect evidence, build a legal strategy, and handle all the paperwork needed for the process.
Making a mistake along the process can take the whole thing down, so it's best to take enough time to do everything properly. Hence, a pedestrian accident lawyer in St Louis needs to find the right balance between taking time to do everything and not going over the pedestrian accident statute of limitations deadline.
Although Missouri's personal injury statutes of limitations are often five years for pedestrian accidents, that's not always the case. Everything depends on how the lawyer handles the case and the decision the court issues.
Does This Apply to All Personal Injury Claims?
Missouri's personal injury statute of limitations is not always five years. Legal procedures, such as a wrongful death claim, have a different deadline than the time people have for filing a lawsuit for a car accident.
Why is the statute of limitations of a wrongful death suit different from a pedestrian crash or a car accident? Well, the short answer is that it's what the law states. However, it's important to understand that legal systems are made to promote practicality and the well-being of people.
The nature of the claim, the complexity of damages, the emotional impact it may have, the investigation process, and public policy considerations may affect the deadline courts set for the statute of limitations of each kind of accident. Regardless of all that, the only thing victims need to know is how much time they have to file the claim and what they can do to file it within that time limit.
It's worth noting that the time victims take to file an injury claim doesn't affect the amount of money they can get. They will still be able to get enough compensation for their medical bills and other expenses. The statute of limitations of a personal injury claim won't be five years if it's:Â
A medical malpractice claim - Two years
A wrongful death claim - Three years
A claim against government entities - Two YEARS
Things are often a bit different when it comes to claims against government entities, though. When people file a pedestrian accident claim to get compensation for their personal injuries, they file a complaint to the court. When they do it against a government entity, the claim needs to go through the Administration's Risk Management Division and follow a different process.
Are There Any Exceptions to the Statute of Limitations for Pedestrian Accidents in Missouri?
Although pedestrian accidents generally have the same statute of limitations of five years from the date of the accident, there are certain exceptions to the rule people can use to get more time to file the claim. The age of the victim, for example, can change the deadline.
If the victim is under 21, the deadline for a pedestrian accident starts running when they turn that age. The same happens if they are mentally incapacitated to go through a legal procedure such as a car accident claim; in this case, the statute of limitations is five years from the date they become mentally capacitated to undergo the legal process.
While it's more common to see this in a car accident case, the discovery rule applies to pedestrian accidents, too. This rule consists of counting down the deadline time from the day they discover the injury or what caused it if they are not noticeable in the first place.
When the liable party for an accident leaves the state, the deadline doesn't count the time they spend out. That doesn't extend the statute of limitations itself but changes how people calculate it.
Is a Car Accident Legally the Same as a Pedestrian Accident?
Although the Missouri car accident statute of limitations is the same for pedestrian accidents, these cases are different when talking about a few legal factors. It's true that both share the fact that a motor vehicle crashes with something, but there are specific laws and considerations that apply to each type of accident and the compensation people can get from Missouri personal injury lawsuits.
Pedestrians, for example, have the right of way in designated crosswalks, and drivers are legally required to yield to pedestrians when they get to one. That means car drivers will almost always be held liable for the accident and will have to compensate the victim if they hire a good personal injury attorney.
Car accidents, on the other hand, involve claims between drivers and passengers with many more factors that can determine who is liable for the crash. People often need more evidence to prove liability for a car accident than for a pedestrian one.
It's worth noting that whether someone is a victim of a pedestrian or a car accident, Missouri follows a comparative negligence system. This system applies to all personal injury claims in the state, regardless of whether the victim needs to comply with the Missouri car accident statute of limitations or the one for pedestrians.
How Comparative Fault Applies to Pedestrian Accidents
Missouri is a state that uses a pure comparative fault system for personal injury cases. This system consists of assigning a percentage of fault for the incident to all parties involved. Thanks to that, even if a party is mostly at fault for the crash, they can still sue the other party to recover damages. If they do, they get compensation depending on how liable they are.
Here is an example: A driver hits a pedestrian due to the negligence of both parties. However, the driver is 80% liable for the accident, and the pedestrian only 20%. In this example, the driver sues the other party for $100,000 but only receives $20,000, which is how liable the other person was for everything.
The reason this is not common in pedestrian accidents is that the injuries people get after a car hits them directly are easy to notice. However, it's best for people to go to the doctor after any kind of crash, whether it's a pedestrian accident or another case.
About Hiring Personal Injury Lawyers for Pedestrian Accidents
If a victim of a pedestrian accident wants to hire someone to take their case, they need to choose that person carefully. Not all lawyers focus on the same cases or are as experienced as the victim needs for that specific situation. The first thing they should look for in an attorney is that they specialize in personal injury cases and have enough experience with pedestrian accidents.
Many lawyers show the results they have gotten on their website, so that's a good guide to what people can expect from them. The Powell Law Firm has a team of experienced lawyers that focus on personal injury cases, so they have more than enough people available to take any pedestrian accident case.
Conclusion - Hire the Powell Law Firm Now
Once victims of a pedestrian accident get the medical attention they need, they should start the process of hiring a personal injury attorney to make sure they don't exceed the statute of limitations. Lawyers will help the victim get enough evidence to go through the case, negotiate with the other party, or win a trial.
The Powell Law Firm is ready to help any victim of a pedestrian accident in Missouri, so they can call it whenever they need it. People can go to the law firm's website to learn more about the services it offers and how the whole legal process works.