Statutes of Limitations: Don’t let time run out on your lawsuit

There are several laws in Missouri which require that a civil lawsuit must be filed within a certain amount of time after the act which is the basis for the lawsuit.  These are called “statutes of limitations.”

These statutes of limitations can cause huge problems.  If your lawsuit is not filed within the required period of time set forth by the statute of limitation, the lawsuit will likely be dismissed, regardless of how careless the defendant acted in causing your injuries.

In Missouri, an automobile accident lawsuit must be filed within 5 years of the incident.  A lawsuit based upon the dangerous condition of property, such as a “slip and fall” incident, must be filed within 5 years of the incident.   A medical malpractice lawsuit must be filed within 2 years of the malpractice.  A lawsuit based upon intentional conduct, like an assault, must be filed within 2 years of the incident.  A wrongful death case must be filed within 3 years of the death.   While there are some exceptions to these rules, these general rules govern most situations.

If you believe your case is nearing the end of the limitations period, it is very important that you talk to an attorney immediately.  Contact Luke Wells Law, if you believe your case is nearing the end of the limitations period, and we can discuss the situation as soon as possible.


Moving violations and the Missouri points system

If you are found guilty of a moving violation in Missouri, the State assesses “points” against your license.  Under Missouri law, the State can and will suspend or revoke your drivers license if you accumulate too many points over certain periods of time.

If you receive 8 points over an 18 month period, the State can suspend your license.  If you receive 12 points over a 12 month period, 18 points over a 24 month period, or 24 points over a 36 month period, the State can revoke your license.

A speeding violation is worth 3 points.  A careless driving violation is worth 4 points.  With these simple mistakes, someone could be on the verge of losing his or her license.

We will work on your behalf to avoid the assessment of points against your license, and prevent suspension or revocation.  Under Missouri law, some people are able to attend a driving safety program instead of receiving points against their license.  Sometimes, we will be able to work out a plea to a non-points violation.

Let us know your thoughts on the Points System.  We would be interested to hear if this was informative, so please leave a comment!

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