Missouri Personal Injury Laws

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.

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.

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.