Missouri Head Injury Laws

Missouri at a glance

Missouri allows five years for injury to the person[1] and three years for wrongful death.[2] Missouri uses pure comparative fault.[3] Drivers must carry at least $25,000/$50,000 in bodily injury coverage.[4]

Filing deadlines

RSMo § 516.120

Within five years: … for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated;

Source: [1]

In plain English, most injury lawsuits in Missouri must be filed within five years. Wrongful death claims follow a separate three-year limit in § 537.100.[1][2]

Shared fault

Gustafson v. Benda (Mo. 1983)

Insofar as possible this and future cases shall apply the doctrine of pure comparative fault in accordance with the Uniform Comparative Fault Act

Source: [3]

Under pure comparative fault, an injured person who was partly at fault can still recover, but the award is reduced by their share of fault.

Auto insurance requirements

The Missouri Department of Revenue states: “The minimum level of coverage required by state law is: $25,000 per person for bodily injury, $50,000 per accident for bodily injury, $25,000 per accident for property.”[4] Missouri is not one of the no-fault states.[5]

What this page does not cover

This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.

Learn more: All state law pages · Personal injury claims · Claims against the government · Auto insurance claims

Frequently asked questions

How long do I have to file a head injury lawsuit in Missouri?

In plain English, most injury lawsuits in Missouri must be filed within five years. Wrongful death claims follow a separate three-year limit in § 537.100.[1][2]

This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.

Sources

  1. RSMo § 516.120. Missouri Revisor of Statutes. https://revisor.mo.gov/main/OneSection.aspx?section=516.120
  2. RSMo § 537.100, as described in a U.S. District Court (E.D. Mo.) opinion. GovInfo. https://www.govinfo.gov/content/pkg/USCOURTS-moed-4_14-cv-00670/pdf/USCOURTS-moed-4_14-cv-00670-1.pdf
  3. Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983). Justia. https://law.justia.com/cases/missouri/supreme-court/1983/63857-0.html
  4. Missouri Department of Revenue. “Insurance.” https://dor.mo.gov/driver-license/insurance/
  5. Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance

Sources last checked: October 11, 2026

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