Legal Question in Personal Injury in Missouri

Personal injury in auto accident

Accident happened in Missouri, was living in Illinois at the time, but owned a business property in Missouri, what states personal injury statue of limitation has precedence? Insurance company is indicating Illinois, I disagree. Short time frame to react if its two years for Illinois

Asked on 5/22/07, 10:16 pm

3 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC
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Re: Personal injury in auto accident

Under Missouri law the case could be brought here in the county where the accident occurred, and you could sue the defendant there under the Missouri statute of limitations. If you bring the action in another state, another state may apply its law with regard to the statute.

As a general rule, you have a better chance of getting a favorable result on a matter like this if you use an attorney than if you try to deal with the insurers themselves. I can promise you that they have attorneys working for them.

Find a good attorney in the area where the accident occurred, and talk to him about your case. You'll be glad you did in the long run.

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5/23/07, 9:52 am
Adam Graves Bruer & Wooddell, P.C.
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Re: Personal injury in auto accident

where is the defendant from?

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5/23/07, 10:09 am
Richard McLeod McLeod & Heinrichs
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Re: Personal injury in auto accident

Well, you've posed a tough question. But here's the PROBABLE answer. You are right. Missouri should control. If you GOOGLE "lex locus delicti" you'll see that most jurisdictions apply the law of the place where the injury or wrong occurred. But there are exceptions - so don't guess, and don't wait.

richmcleod@mclaw.com

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5/22/07, 10:22 pm

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