Missouri Personal Injury Laws
Missouri is one of only about 8 states that follows pure comparative negligence — a plaintiff who is 99% at fault can still recover 1% of their damages. The general statute of limitations for personal injury is 5 years, one of the longest in the nation. There are no caps on compensatory damages in general personal injury cases. Missouri is a fault-based auto insurance state with 25/50/10 minimums.
Last verified: 2026-02-25
Statute of Limitations
Personal injury actions must be filed within 5 years of the date of injury — one of the longest personal injury statutes of limitations in the country.
Exceptions
Wrongful death actions must be filed within 3 years of the date of death.
The statute is tolled for minors until they reach age 18. A minor injured at birth has until age 23 to file.
The 5-year SOL applies, but claims against municipalities require 90-day written notice. Government liability is capped at $300,000 per person / $2,000,000 per occurrence. No punitive damages against government entities.
Fault & Liability Rules
Missouri follows pure comparative negligence — a plaintiff's fault reduces their recovery proportionally but never bars it entirely. A plaintiff who is 99% at fault can still recover 1% of damages. A defendant found 51% or more at fault is jointly and severally liable for the full judgment; defendants under 51% are only severally liable (proportionate share).
Damage Caps
Missouri does not cap compensatory damages (economic or non-economic) in general personal injury cases.
Punitive damages are capped at the greater of $500,000 or 5 times compensatory damages. Must prove by clear and convincing evidence that defendant acted with intentional harm or flagrant disregard for safety. Cap does not apply if defendant was convicted of a related felony.
Auto Insurance System
Missouri is a fault-based state. Minimum liability limits are 25/50/10 ($25,000 per person, $50,000 per accident for bodily injury, $10,000 for property damage). Uninsured motorist coverage is required on all policies.
Key Missouri Statutes
A defendant 51% or more at fault is jointly and severally liable for the full judgment. A defendant less than 51% at fault is only severally liable (pays only their proportionate share). Punitive damages are always severally liable only.
Missouri waives sovereign immunity only for: (1) injuries from negligent operation of motor vehicles by public employees, and (2) injuries caused by dangerous conditions of public property. Liability is capped at $300,000 per person / $2,000,000 per occurrence.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Missouri.
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