Missouri law
Personal Injury Laws in Missouri.
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
State law
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.
State law
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).
State law
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.
State law
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.
State law
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.
State law
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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