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★ US · Midwest

Personal injury in
Missouri.

By Reviewed by Abd Shanti, Founder7 min read

Missouri applies pure comparative negligence with one of the longer US PI limitation windows (five years generally) and an inflation-indexed cap on medical-malpractice non-economic damages.

Missouri operates pure comparative negligence following the 1983 Supreme Court of Missouri decision in Gustafson v. Benda. The general PI statute of limitations is five years; medical malpractice runs in two. Med-mal non-economic damages are capped on a tiered, inflation-indexed schedule.

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★ statute of limitations
5 years for personal injury; 2 years for medical malpractice

Mo. Rev. Stat. § 516.120, § 516.105

★ fault rule
Pure comparative negligence

Pure comparative negligence, Gustafson v. Benda (1983) abolished the contributory bar.

★ MO · statutory caps

What caps recovery.

Caps and ceilings imposed by Missouri law that bear on settlement values.

★ MO · key facts

What makes Missouri different.

The handful of details that distinguish this jurisdiction from its neighbours.

★ MO · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Missouri law.

★ MO · court decisions

What Missouri courts have decided.

Reported Missouri decisions for each injury type, each with a link to the judgment and to the full injury guide.

★ MO · rules that decide claims

The rules in Missouri.

Statutes and rulings that come up again and again in Missouri injury claims, each with its source.

Fault rulePure comparative fault: once the jury finds the defendant negligent, your own conduct reduces the award but cannot bar the claim entirely.Gustafson v. Benda, as quoted in Payne v. Fiesta Corp. (Mo. Ct. App. 2018)
Seat belt useCan reduce damages only with expert proof, and by no more than 1 percent.Mo. Rev. Stat. § 307.178; see our seat belt table
Deadline to sueFive years for an action “for any other injury to the person or rights of another, not arising on contract.”Mo. Rev. Stat. § 516.120(4)
Medical bills at trialWhen a plaintiff abandons the claim for medical expenses, the defense cannot put the amount needed to satisfy those bills before the jury.Schieffer v. DeCleene (Mo. Ct. App. 2017), applying Mo. Rev. Stat. § 490.715
Earlier injuriesThe defense may ask about a prior injury to the same part of the body when it bears on what the crash caused.Lewey v. Farmer (Mo. Ct. App. 2012)
Claims against governmentFor street defects in cities over 100,000 people, notice within 90 days; public entity liability is capped at $300,000 per person and $2 million per occurrence in the statute, adjusted each January.Mo. Rev. Stat. §§ 82.210, 537.610; see our notice table
Malpractice capNoneconomic damages against health care providers: $400,000, or $700,000 for a catastrophic injury or death, with each limit increased by 1.7 percent every 1 January.Mo. Rev. Stat. § 538.210
Deadline against health care providersClaims against physicians, hospitals, chiropractors, physical therapists and other providers must be brought within two years from the date of the act of neglect, with limited exceptions.Mo. Rev. Stat. § 516.105
★ other US jurisdictions

Compare across United States.

How Missouri compares with its neighbours in the Midwest on fault rule and limitation period.

JurisdictionFault ruleLimitation
Missouri· you are herePure comparative negligence5 years for personal injury; 2 years for medical malpractice
Illinois (IL)Modified comparative, 51% bar2 years from date of injury
Indiana (IN)Modified comparative, 51% bar2 years from date of injury
Iowa (IA)Modified comparative, 51% bar2 years from date of injury
Kansas (KS)Modified comparative, 50% bar2 years from date of injury
Michigan (MI)Modified comparative, 51% bar3 years from date of injury
Minnesota (MN)Modified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpractice
Nebraska (NE)Modified comparative, 50% bar4 years for personal injury; 2 years for medical malpractice
North Dakota (ND)Modified comparative, 50% bar6 years for personal injury; 2 years for medical malpractice
Ohio (OH)Modified comparative, 51% bar2 years from date of injury
South Dakota (SD)Slight versus gross negligence3 years from date of injury
Wisconsin (WI)Modified comparative, 51% bar3 years from date of injury

Every United States jurisdiction compared

★ MO · frequently asked

Common questions.

Common questions about personal injury claims in Missouri, answered with the relevant statutory references.

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★ federal context
Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working
How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority
Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the Missouri statutory framework as of 2026-10-26. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Missouri. See /methodology, /sources, and /disclaimer.