Missouri Statute of Limitations: Filing Deadlines by Case Type (2026 Guide)
A comprehensive guide to Missouri's statute of limitations for civil claims. Find out how long you have to file a lawsuit for personal injury, breach of contract, medical malpractice, debt collection, property damage, and other claims under Missouri law.
Written by Daniel L. Simmons, J.D. · Last updated January 15, 2026
Fact-checked by the CourtDateCalculator.online legal editorial team. Reviewed for accuracy against Missouri Revised Statutes.
Table of Contents
Overview of Missouri Statute of Limitations
Missouri's statute of limitations sets strict deadlines for filing lawsuits in both civil and criminal cases. These deadlines are codified primarily in the Missouri Revised Statutes (RSMo), Chapter 516, and vary depending on the type of claim. Missing a deadline can result in your case being dismissed, regardless of how strong your claim may be.
Missouri is notable for having one of the longest statute of limitations periods for written contracts among U.S. states — 10 years. The time limits for other claims range from 2 years for medical malpractice to 10 years for fraud and certain contract claims.
Key point: The statute of limitations clock typically starts on the date the injury occurred or the date the injury was discovered (or should have been discovered). Always verify the applicable deadline with a qualified Missouri attorney before relying on any general information.
Civil Statute of Limitations by Case Type
The following table summarizes the most common civil statute of limitations deadlines in Missouri. These are general time limits and special rules may apply depending on the specific facts of your case.
| Case Type | Statute of Limitations | Missouri Code |
|---|---|---|
| Personal Injury | 5 years | RSMo § 516.120 |
| Wrongful Death | 3 years | RSMo § 537.100 |
| Breach of Written Contract | 10 years | RSMo § 516.110 |
| Breach of Oral Contract | 5 years | RSMo § 516.120 |
| Property Damage | 5 years | RSMo § 516.120 |
| Medical Malpractice | 2 years | RSMo § 516.105 |
| Legal Malpractice | 5 years | RSMo § 516.120 |
| Fraud | 10 years | RSMo § 516.110 |
| Defamation (Libel/Slander) | 2 years | RSMo § 516.120 |
| Product Liability | 2 years | RSMo § 516.120 |
| Debt Collection (Written Contract) | 10 years | RSMo § 516.110 |
| Debt Collection (Oral Contract) | 5 years | RSMo § 516.120 |
| Claims Against Government | 2 years (notice required) | RSMo § 537.345 |
| Childhood Sexual Abuse | Age 28, or within 3 years of discovery | RSMo § 516.147 |
| Workers' Compensation Claim | 2 years from injury / last payment | RSMo § 287.430 |
Important: This table provides general time limits for common civil claims in Missouri. Special rules may apply for claims involving minors, government entities, medical malpractice, and other specific situations. Always consult with a qualified Missouri attorney for advice on your particular case.
Personal Injury Claims in Missouri
Under RSMo § 516.120, Missouri's statute of limitations for personal injury claims is 5 years from the date the injury occurred. This is one of the longer personal injury deadlines among U.S. states. This applies to a wide range of cases, including:
- Car accidents and motor vehicle collisions
- Slip and fall / premises liability cases
- Assault and battery
- Dog bites and animal attacks
- Workplace injuries (outside of workers' compensation)
- Product liability injuries
Discovery Rule
Missouri courts apply the "discovery rule" in certain cases where the injury is not immediately apparent. Under this doctrine, the statute of limitations does not begin to run until the plaintiff discovered, or through reasonable diligence should have discovered, the injury and its cause. This is commonly applied in toxic exposure cases, occupational diseases, and cases involving latent injuries. However, the discovery rule is not applied uniformly across all claim types in Missouri.
Minors
If the injured person is under 21 at the time of the injury (Missouri's age of majority is 21 for certain legal purposes, though 18 for most tort claims), the statute of limitations may be tolled until they reach the age of majority. Under RSMo § 516.170, if a person is under the age of 21 or of unsound mind at the time the cause of action accrues, the action may be commenced within the applicable limitations period after the disability is removed. The practical effect depends on the specific claim type and circumstances.
Government claims exception: If your personal injury claim is against a government entity (state, county, city, or public agency), different and shorter deadlines apply. Missouri's sovereign immunity laws require timely notice of claims, and you should consult an attorney immediately if your claim involves a government defendant.
Contract Disputes in Missouri
Missouri law distinguishes between written and oral contracts, with significantly different statute of limitations periods for each. Missouri has one of the longest written contract deadlines in the country.
Written Contracts
Under RSMo § 516.110, the statute of limitations for breach of a written contract is 10 years from the date of the breach. This applies to employment agreements, lease agreements, business contracts, promissory notes, and other written agreements. The clock starts on the date the breach occurred. Missouri's 10-year period is notably longer than most states, which typically allow 4 to 6 years for written contract claims.
Oral Contracts
Under RSMo § 516.120, the statute of limitations for breach of an oral contract is 5 years from the date of the breach. Oral contracts are enforceable in Missouri for most purposes, but the shorter deadline reflects the difficulty of proving the terms of an unwritten agreement after a long period of time.
UCC Sales of Goods
For contracts involving the sale of goods, Missouri's version of the Uniform Commercial Code (RSMo § 400.2-725) sets a 4-year statute of limitations. The parties may reduce this to not less than 1 year, but may not extend it beyond 4 years.
Note: The statute of limitations for contract claims generally begins on the date of the breach, not the date the breach was discovered. However, there are limited exceptions for fraud in the inducement and other special circumstances. Missouri courts have held that each installment payment on a contract may give rise to a separate claim with its own limitations period.
Medical Malpractice in Missouri
Missouri's medical malpractice statute of limitations is governed by RSMo § 516.105. The rules are more restrictive than most other personal injury claims:
- 2 years from the date of the alleged act of medical negligence
- Missouri generally does not apply the discovery rule to medical malpractice claims
- A 10-year statute of repose bars all claims filed more than 10 years after the negligent act
This means that unlike ordinary personal injury claims (which have a 5-year window), medical malpractice claims must be filed within just 2 years of the date the negligent treatment or procedure occurred — regardless of when the injury was discovered.
Exceptions
There are limited exceptions to the 2-year rule:
- Foreign object: If a foreign object (such as a surgical instrument or sponge) was left in the patient's body, the claim may be filed within 2 years of the date the plaintiff discovered or should have discovered the injury
- Fraudulent concealment: If the healthcare provider fraudulently concealed the negligent act, the statute of limitations may be tolled until the plaintiff discovered or should have discovered the facts
- Minors: Special rules apply for children; however, Missouri courts have upheld limitations periods even for minors in medical malpractice cases
Statute of Repose
Missouri imposes a 10-year statute of repose for medical malpractice claims. This means that regardless of when the injury was discovered, no medical malpractice action may be filed more than 10 years after the date of the alleged negligent act. This is an absolute bar to claims, with very limited exceptions.
Warning: Medical malpractice cases in Missouri have strict and complex deadlines. The 2-year statute of limitations and the 10-year statute of repose work together to create narrow filing windows. Do not delay in consulting with a Missouri medical malpractice attorney if you believe you have a claim.
Property Damage Claims in Missouri
Under RSMo § 516.120, the statute of limitations for property damage claims in Missouri is 5 years. This applies to:
- Damage to real property (land, buildings, structures)
- Damage to personal property (vehicles, equipment, belongings)
- Trespass to real property
- Conversion (theft or unauthorized use of personal property)
- Vandalism and intentional property damage
- Negligent damage to property
The clock generally starts on the date the damage occurred. For latent damage that is not immediately discoverable (such as construction defects or environmental contamination), the discovery rule may apply, delaying the start of the limitations period until the damage was discovered or should have been discovered.
Debt Collection in Missouri
The statute of limitations for debt collection in Missouri depends on the type of debt. Missouri has relatively long deadlines for written debts compared to most states:
| Type of Debt | Statute of Limitations | Legal Basis |
|---|---|---|
| Written contract (loans, promissory notes) | 10 years | RSMo § 516.110 |
| Oral contract | 5 years | RSMo § 516.120 |
| Open-ended account (credit cards) | 5–10 years (depends on documentation) | RSMo § 516.110 / 516.120 |
| Auto loan deficiency | 10 years | RSMo § 516.110 |
| Court judgments | 10 years (renewable) | RSMo § 516.350 |
| State tax liability | 10 years | RSMo § 143.241 |
When Does the Clock Start?
For most debts, the statute of limitations starts from the date of default or the date of last payment, whichever is later. In Missouri, making a partial payment or written acknowledgment of the debt may restart the statute of limitations clock.
Credit Card Debt
The statute of limitations for credit card debt in Missouri can be either 5 or 10 years, depending on the circumstances. If the creditor can produce a signed written agreement, the 10-year limit for written contracts applies. If no written agreement exists, courts have applied the 5-year limit for oral contracts. The classification of credit card debt has been the subject of litigation in Missouri courts.
Important: After the statute of limitations expires, debt collectors can still attempt to collect the debt, but they cannot successfully sue you. However, making a partial payment or acknowledging the debt in writing may restart the clock. Do not make any payment or written acknowledgment on an old debt without first consulting an attorney.
Wrongful Death Claims in Missouri
Under RSMo § 537.100, the statute of limitations for wrongful death claims in Missouri is 3 years from the date of the decedent's death. This applies when a person's death is caused by the wrongful act, neglect, or default of another.
Who Can File
Missouri law establishes a priority system for who may file a wrongful death claim:
- Class I: Surviving spouse, children, or the decedent's lineal descendants; or the natural or adoptive parents of the decedent
- Class II: The decedent's siblings or their descendants
- Class III: A plaintiff ad litem appointed by the court
If no one in Class I files within 90 days of the decedent's death, the right to file passes to the next class of beneficiaries.
Common Wrongful Death Scenarios
- Fatal car or truck accidents
- Medical malpractice resulting in death
- Workplace fatalities
- Defective products causing death
- Intentional acts of violence
- Nursing home neglect or abuse
If the wrongful death claim is against a government entity, shorter notice requirements may apply under Missouri's sovereign immunity laws.
Claims Against Government Entities in Missouri
Missouri's sovereign immunity laws impose special rules and shorter deadlines for claims against government entities. The process is governed by RSMo § 537.345 and related statutes.
Notice Requirements
Under Missouri law, you must file a written notice of claim with the relevant government entity within the time period specified by statute. The notice must include:
- The name and address of the claimant
- The date, time, and location of the incident
- A description of the injury, damage, or loss
- The circumstances under which the claim arose
Applicable Entities
The notice requirements apply to claims against:
- The State of Missouri
- Cities and municipalities
- Counties
- Public school districts and universities
- Public hospitals and transit authorities
- Any other state or local government entity
Statute of Limitations
The general statute of limitations for claims against government entities in Missouri is 2 years from the date the injury occurred. However, specific notice deadlines may be shorter depending on the entity and the type of claim. Some municipalities require notice within 30 to 90 days.
Critical: Missing the notice deadline for a government claim can permanently bar your claim. Unlike private lawsuits, there is very little room for late filings or exceptions. If you believe you have a claim against a government entity in Missouri, act immediately and consult with an attorney.
Criminal Statute of Limitations in Missouri
Missouri's criminal statute of limitations is governed by RSMo § 556.036 and related provisions. The deadlines vary based on the severity of the offense:
Crimes with No Statute of Limitations
Missouri law permits prosecution at any time for the following offenses:
- Murder
- Rape
- Sodomy
- Any Class A felony
- Sexual offenses involving a person 18 or younger
Statute of Limitations by Offense Level
| Offense Type | Statute of Limitations | Legal Basis |
|---|---|---|
| Arson / knowingly burning or exploding | 5 years | RSMo § 556.036 |
| Financial exploitation of seniors/disabled persons | 5 years | RSMo § 556.036 |
| Other felonies (general) | 3 years | RSMo § 556.036 |
| Misdemeanors | 1 year | RSMo § 556.036 |
| Infractions (fine/forfeiture only) | 6 months | RSMo § 556.036 |
Special Rules for Fraud and Public Office Misconduct
- Fraud / Breach of fiduciary obligation: 1 year after discovery, but no more than 3 years beyond the standard limit
- Misconduct in public office: Any time while suspect is in office/employed, or 2 years after, but no more than 3 years total extension
- Fraudulent child support claims: 1 year after discovery, but no more than 3 years
When Does Criminal Prosecution Officially Begin?
Under Missouri law, a criminal prosecution is considered officially commenced when the state files one of the following:
- Indictment — A formal charge issued by a grand jury
- Information — A formal charge filed by the prosecutor
- Complaint — A sworn statement alleging criminal conduct
Challenging Expired Criminal Charges
If you believe the statute of limitations has expired on criminal charges filed against you, your defense attorney can file a motion to dismiss. The court will examine the date the alleged offense occurred, the date the charging document was filed, and whether any tolling provisions applied.
Note: Missouri has eliminated the statute of limitations for murder, rape, sodomy, and all Class A felonies. Sexual offenses involving victims under 18 also have no time limit. For fraud-based offenses, the clock starts from discovery rather than commission.
Note: Missouri has eliminated the statute of limitations for many serious sex offenses, particularly those involving minors. Under SB 590 (2018), certain sex crimes against victims under 18 have no time limit or an extended deadline that runs until the victim reaches age 30. Prosecutors can file charges for these offenses at any time within the applicable period.
Tolling and Exceptions in Missouri
Under certain circumstances, Missouri law allows the statute of limitations to be "tolled" (paused or extended). Common tolling doctrines include:
Minority (Under Age of Majority)
If the plaintiff is under the age of 21 at the time the cause of action accrues, the statute of limitations is tolled under RSMo § 516.170. The clock starts once the disability of minority is removed. However, for medical malpractice claims, Missouri courts have applied limitations periods more strictly, and the tolling may not apply in all cases involving minors.
Mental Incapacity
If the plaintiff lacks the legal capacity to manage their own affairs at the time the cause of action accrues, the statute of limitations may be tolled under RSMo § 516.170. The tolling continues while the incapacity exists.
Defendant's Absence from the State
Under RSMo § 516.200, if the defendant is absent from the state at the time the cause of action accrues, the statute of limitations does not begin to run until the defendant returns. If the defendant leaves after the cause of action accrues, the time of absence is not counted toward the limitations period.
Discovery Rule
Missouri courts recognize the discovery rule in many types of cases. Under this doctrine, the statute of limitations does not begin until the plaintiff discovered, or through reasonable diligence should have discovered, the facts giving rise to the claim. This is particularly relevant in:
- Toxic exposure and environmental contamination
- Fraud and misrepresentation
- Professional malpractice (legal, accounting)
- Occupational diseases
- Latent construction defects
Note: The discovery rule is generally not applied to medical malpractice claims in Missouri, as discussed above.
Fraudulent Concealment
If the defendant fraudulently concealed the facts giving rise to the claim, the statute of limitations is tolled until the plaintiff discovered or should have discovered the claim. This doctrine applies across multiple claim types in Missouri.
Warning: Tolling doctrines are complex and fact-specific. Do not assume the statute of limitations has been extended in your case without consulting a Missouri attorney. Courts apply these doctrines narrowly, and the burden of proving tolling is on the plaintiff.
Missouri Statute of Limitations: Frequently Asked Questions
Legal References
This guide is based on the following Missouri statutes and legal resources:
- RSMo § 516.100 — Personal injury (5 years)
- RSMo § 516.010 — Written contracts (10 years)
- RSMo § 516.050 — Oral contracts (5 years)
- RSMo § 516.105 — Medical malpractice (2 years)
- RSMo § 556.036 — Criminal limitations
- RSMo § 556.037 — Criminal: DNA tolling
- Missouri Revised Statutes — Official Site
Statute of Limitations in Other States
Compare Missouri's deadlines with other states:
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Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Statute of limitations laws are subject to change and may be affected by recent legislation, court decisions, or the specific facts of your case. Special rules may apply for claims against government entities, medical malpractice, cases involving minors, and other specific situations. Always consult with a qualified Missouri attorney for advice on your particular situation. CourtDateCalculator.online is not a law firm and is not engaged in the practice of law.