Document the Official Date of Your Accident

• The single most important fact relevant in a statute of limitations analysis is the date of the accident. The court will use what is known as "judicial counting" to determine the correct date that marks five years from the accident. This date will be the absolute last day upon which to file your complaint against the defendant, and exceptions to this rule are extremely limited. In nearly every instance, the court will throw out a case that exceeds the statute of limitations.
  
  

Tolling

• Determine certain factors that "stop the clock" used in a statute of limitations analysis. Tolling refers to certain characteristics of the plaintiff that render him incapable of commencing a lawsuit. Therefore, the Missouri Code gives these plaintiffs extra time to file. The statute of limitations clock will be tolled for mental incapacity, or for those who have not reached the age of majority. For individuals under a mental incapacity at the time of the accident, the statute of limitations "clock" will not begin to run until the incapacity has cleared. For those injured while still minors, the "clock" will not begin to run until the plaintiff reaches age 18.
  
  

Effects of Death of a Party

• The filing of a personal injury lawsuit as a result of a car accident can be affected by the death of one of the parties. If the action is filed within the five year statute of limitations and the defendant dies before trial, the plaintiff will have one year from the defendant's date of death within which to file against his heirs and executor. Thus, even if the plaintiff filed very close to the five year deadline, the death of the defendant will give him an extra year to re-file the claim.
  
  

Accrual Date

• An accrual date is the official date when the statute of limitations begins to run. In the vast majority of cases, the accrual date is quite obvious. Especially in a car accident situation, the court would decide the accrual date based upon foolproof evidence of accident reports filed by the police. However, the accrual date becomes an issue if it is unclear when a medical problem commenced. Accrual dates should not worry most car accident plaintiffs, as medical problems arising from accidents most clearly take place the date of the accident.