In Missouri, a minor injured in a car accident has until their 26th birthday to file a personal injury lawsuit. Under Missouri law, certain legal protections and deadlines apply specifically to individuals who have not yet reached adulthood at the time of their accident.
Missouri law gives children extra time by “tolling” the normal deadline, which means the countdown doesn’t start until they turn 21.
Here’s how the timeline works for minors:
- Minor’s age at accident: Under 18
- When the clock starts: 21st birthday
- Final deadline: 26th birthday (5 years after turning 21)
This extended time exists because minors under the age of 18 can’t legally file lawsuits themselves. They need to wait until they’re old enough to make these important legal decisions.
Different types of claims also follow different rules, with wrongful death and property damage cases having shorter deadlines that don’t get the same extensions.
Also, it is important to note that the difference between filing an insurance claim and a lawsuit matters. You should file insurance claims right away after any accident. The lawsuit deadline gives you time to take legal action if insurance companies won’t offer fair compensation.
Understanding these deadlines becomes critical when your child is hurt in an accident. While the law provides extra time, waiting too long can still put your case at risk as evidence disappears and witnesses’ memories fade.
How Tolling Works
Think of “tolling” as hitting the pause button on a timer. If a minor is in a car accident, the timer stays frozen until the child turns 21, then it starts counting down for five years.
For example, if a 16-year-old gets injured, they still have until age 26, which gives them 10 years., Missouri law gives them extra time after reaching adulthood to file a lawsuit.
You can still file insurance claims immediately after the accident. Insurance claims help pay for medical bills and other costs right away. The Missouri statute of limitations for personal injury only affects when you can file a lawsuit in court.
This system protects children who might not understand their injuries until they’re older. Some injuries don’t show their full impact until years later, especially brain injuries or problems with growth and development.
Different Deadlines For Wrongful Death and Property Damage
Different types of claims have different deadlines. Not everything follows the same extended timeline that personal injury claims get for minors.
What Is the Wrongful Death Deadline When a Minor Is Involved?
Wrongful death claims in Missouri must be filed within three years of the person’s death. This deadline applies even if the person who died was a minor or if a minor is trying to file the claim.
The three-year deadline starts on the date of death, not the accident date. If someone dies immediately in the crash, you have three years from that day. If they die weeks or months later from their injuries, the countdown starts from the actual death date.
What Is the Property Damage Deadline in Missouri?
Property damage claims have a five-year deadline that starts immediately on the accident date. This deadline is not tolled or paused for minors like personal injury claims are.
Property damage includes things like car repairs, destroyed car seats, damaged clothing, or broken bikes. If your child’s bike was destroyed in the crash, you have five years from the accident date to file that claim, regardless of your child’s age.
Should Parents File Now or Wait Until the Child Turns 21?
As a parent, you can file a claim on your child’s behalf anytime before they turn 21. You can also wait and let them decide when they’re adults. Both choices have important advantages and risks.
Benefits of filing now:
- Fresh evidence: Photos, witness memories, and physical evidence are clearest right after the accident
- Available witnesses: People who saw the crash are easier to find and remember details better
- Immediate compensation: You can get money sooner to pay for your child’s medical care and therapy
- Complete medical records: Doctors’ notes and treatment plans are current and detailed
Risks of waiting:
- Lost evidence: Accident scenes change, security footage gets deleted, and witnesses move away
- Fading memories: People forget important details about what they saw
- Uncooperative insurers: Insurance companies become harder to work with as time passes
- Missing the deadline: You might forget important dates or lose track of time
Parents may be able to bring a claim to recover medical expenses they have paid for their child’s care before the child turns 18. This parent claim follows the regular five-year deadline from the accident date and doesn’t get the extra time that children receive.
We usually recommend filing sooner rather than later. Evidence disappears quickly, and insurance companies are most willing to negotiate shortly after accidents happen.
What Exceptions Can Extend or Shorten a Minor’s Deadline?
While most minors have until age 26, certain situations can change this timeline. These exceptions don’t happen often, but they’re important to understand.
Does the Deadline Change if the At-Fault Driver Leaves Missouri?
Yes, if the person who caused the accident moves out of Missouri, the countdown to file a lawsuit stops. The clock won’t start again until they return to the state.
Does Incapacity or Concealment Affect a Minor’s Deadline?
In rare cases involving significant cognitive impairment, the court may consider allowing additional time beyond the usual deadline. If a child suffers brain damage that leaves them unable to understand legal decisions, the court may give them more time.
Fraudulent concealment also pauses deadlines. If the at-fault party hides their involvement in the accident or destroys evidence, the countdown stops until their actions are discovered.
This doesn’t happen often, but it protects families when someone tries to cover up their responsibility.
Do Insurance Policy Deadlines Affect a Minor’s Claim?
Insurance policies have much shorter deadlines than lawsuit deadlines. Insurance companies often ask that you report accidents as soon as possible, sometimes within a short timeframe outlined in your policy.
You must report the accident to insurance companies quickly, but this doesn’t affect your right to file a lawsuit later. Missing insurance deadlines can hurt your ability to get coverage, but it won’t eliminate your child’s legal rights.
What Steps Should You Take Now to Protect a Child’s Claim?
Even though minors get extra time, taking action immediately gives your child the best chance at fair compensation. The minor statute of limitations provides a safety net, but early action protects evidence and strengthens your case.
Get Medical Care and Keep Records
Take your child to a doctor right away, even if their injuries seem minor. Children often don’t complain about pain the same way adults do, and some injuries take time to show symptoms.
Keep every piece of paper related to your child’s medical care:
- Hospital bills and emergency room records
- Doctor visit notes and specialist reports
- Physical therapy appointments and progress notes
- Prescription receipts and medical equipment costs
- Notes about how injuries affect your child’s daily activities
Document your child’s pain levels and limitations in a journal. Write down when they can’t play sports, have trouble sleeping, or struggle with schoolwork because of their injuries.
Preserve Photos, Video, and Witness Information
Take photos of everything as soon as possible after the accident. Your child’s injuries, vehicle damage, and the accident scene all provide important evidence.
Get contact information from anyone who witnessed the crash:
- Names and phone numbers
- What they saw happen
- Where they were standing when the accident occurred
Save any video footage from dashcams, security cameras, or cell phones. Many businesses delete security footage after just a few days, so act quickly to request copies.
Notify Insurers Without Giving Recorded Statements Alone
Report the accident to all insurance companies involved, but be careful about what you say. Insurance adjusters are trained to ask questions that can hurt your case later.
Never give recorded statements to insurance companies without talking to a lawyer first. Simple questions like “How are you feeling?” can be used against you if your child’s condition gets worse over time.
Tell insurers basic facts about when and where the accident happened, but don’t discuss fault or injuries in detail. Let them know you’re seeking medical care and will provide more information later.
Avoid Early Releases and Quick Settlements
Insurance companies often offer quick settlements shortly after accidents, especially when children are involved. These offers almost never account for long-term medical needs or how injuries might affect your child as they grow.
Never sign any documents from insurance companies without having a lawyer review them first. Signing a release ends your child’s right to seek more compensation, even if their condition gets worse.
Quick settlements might seem helpful when you’re facing medical bills, but they usually cost families much more money in the long run.
Ask About Court Approval and Protecting Settlement Funds
Missouri courts must approve all settlements involving minors. This process ensures the settlement amount is fair and protects the money until your child becomes an adult.
The court will typically require settlement funds to be placed in a restricted account or structured settlement. Your child can access this money when they turn 18, but it’s protected from being spent on other things before then.
This approval process takes time, but it’s designed to protect your child’s financial future.
Helping Car Crash Victims in Missouri Since 1990
While your child has an extended deadline, waiting puts their case at serious risk. Evidence disappears quickly, witnesses forget details, and insurance companies become less cooperative over time.
At Beck & Beck Missouri Car Accident Lawyers, we understand how overwhelming it feels when your child gets hurt. We have experience helping Missouri families with car accident cases and understand what needs to be done to protect your child’s future.
Our award-winning Missouri auto accident attorneys handle every aspect of your child’s case:
- Calculate exact deadlines: We determine all the specific deadlines that apply to your situation
- Manage insurance communications: We deal with adjusters so you don’t have to worry about saying the wrong thing
- Secure court approval: We handle all the legal paperwork needed for settlement approval
- Protect settlement funds: We make sure money is properly safeguarded until your child turns 18
- Handle medical bills: We negotiate with hospitals and doctors to reduce what you owe
We work on a contingency basis, which means you don’t pay attorney fees unless we win your case. Our team is dedicated to helping clients achieve the best possible outcomes, and we’re available 24/7 to answer your questions.
Don’t let insurance companies take advantage of your family during this difficult time. Contact us today for a free consultation to learn how we can help protect your child’s rights and secure the compensation they deserve.
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Frequently Asked Questions
Do Parents Have a Separate Deadline for Medical Bills They Pay?
Yes, parents have their own claim for medical expenses they pay before their child turns 18. This parent claim must be filed within five years of the accident date and doesn’t get the extended time that the child’s injury claim receives.
Must Missouri Courts Approve Every Settlement for Injured Minors?
Yes, Missouri law requires a judge to review and approve all settlements involving minors. The court ensures the settlement amount is reasonable and that the money will be properly protected until the child becomes an adult.
Can the Discovery Rule Change a Minor’s Filing Deadline?
The discovery rule can apply when injuries aren’t found until much later. If your child’s injury isn’t discovered until years after the accident, the deadline might start from the discovery date rather than the accident date.
Do Government Vehicle Crashes Have Different Deadlines for Minors?
Yes, claims against government agencies have much shorter notice requirements, often just 90 days from the accident. These strict deadlines apply even when the injured person is a minor, so immediate action is critical.
Are Property Damage Deadlines Different from Injury Deadlines for Minors?
Yes, property damage claims have a five-year deadline from the accident date that isn’t paused for minors. The personal injury deadline for minors is tolled until they turn 21, but property damage deadlines start immediately.
Do Insurance Companies Have Shorter Reporting Requirements Than Lawsuit Deadlines?
Yes, most auto insurance policies require accident reports within 30 days or less. This insurance deadline is separate from and much shorter than the legal deadline for filing a lawsuit in court.
