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Friday, February 21, 2025

Missouri considers reducing personal injury claim filing period from five years to two

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Daniel P. Mehan, President and CEO | Missouri Chamber of Commerce and Industry

Daniel P. Mehan, President and CEO | Missouri Chamber of Commerce and Industry

The Missouri Chamber of Commerce and Industry is advocating for changes to the state's statute of limitations on personal injury claims. The current law permits plaintiffs up to five years to file a lawsuit, but new legislation, House Bill 68, proposed by Representative Matthew Overcast (R-Ava), aims to reduce this period to two years.

Representative Overcast introduced his bill to the House Commerce Committee recently. He stated, "This would make litigation fair for both the plaintiff and the defendant. Over time, evidence does not get better, memories do not get better. By implementing a two-year statute of limitations, it incentivizes individuals to bring their claims earlier. Businesses can also bank on that. They can plan for that."

Currently, twenty-five states have adopted a two-year statute of limitations for such cases. Only Maine, North Dakota, and Minnesota have longer periods than Missouri's existing five-year term. Neighboring states like Illinois, Iowa, Oklahoma, Kansas, and Kentucky already enforce a two-year limit.

In Missouri, medical malpractice claims are subject to a two-year statute of limitations.

Luke Reed, director of legislative affairs for the Missouri Chamber of Commerce and Industry, supported the bill during his testimony. He said: "This bill protects the integrity of evidence. I come from the insurance world, and this would reduce the exposure and unknown risks by having these adjudicated sooner rather than later."

For further information regarding this proposal or related inquiries, Luke Reed can be contacted at lreed@mochamber.com or via phone at 573-300-1450.