After an alcohol-related crash, your focus may be on medical treatment, repairing your vehicle, and getting your life back on track. But if a bar, restaurant, or other licensed establishment may have contributed to the accident by illegally serving alcohol, there is another important issue you may need to think about: how long do you have to file a dram shop claim?
In Missouri, the deadline generally depends on whether you are pursuing a personal injury claim or a wrongful death claim. Understanding the applicable statute of limitations can help you protect your rights.
Missouri Dram Shop Claims Generally Have a Five-Year Deadline
In Missouri, if you are dealing with a personal injury claim, you have a five-year window to act. According to Missouri Revised Statutes § 516.120, this five-year limit applies to cases involving injury to a person or violations of someone else’s rights. When a dram shop claim is based on negligence, you usually have five years to file your lawsuit.
However, determining when the limitations period begins and whether any exception affects the deadline can depend on the circumstances. Because missing the deadline can prevent you from recovering compensation, it is important to identify the filing period early.
Wrongful Death Claims Have a Shorter Deadline
When an alcohol-related incident results in a death, a shorter filing deadline may apply. Under Missouri law, a wrongful death action generally must be filed within three years after the cause of action accrues. This deadline applies even to dram shop wrongful death claims.
Why You Should Not Wait to Investigate
Having several years to file a dram shop claim does not mean you should delay contacting a lawyer. Missouri dram shop claims require clear and convincing evidence showing that a licensed establishment knowingly served alcohol to a visibly intoxicated person or knew or should have known alcohol was being served to someone under 21.
Evidence in these cases can disappear fast. For example, security footage may be overwritten, witnesses’ memories can fade, and receipts or other records may become harder to obtain. It is crucial to promptly preserve surveillance footage, register records, witness testimony, medical records, and other evidence.
What if You Miss the Deadline?
If the applicable statute of limitations expires, you may lose the ability to pursue your claim in court. Exceptions can exist in certain circumstances, but whether an exception applies depends on the specific facts and legal issues involved.
Because dram shop claims have strict evidentiary requirements in addition to filing deadlines, getting legal advice early is important.
If you believe a Missouri bar, restaurant, or other licensed establishment over-served alcohol and contributed to your injuries, do not wait until the filing deadline is approaching. Speak to an attorney as soon as possible. A personal injury lawyer can evaluate your claim, identify potentially responsible parties, investigate the alcohol service, and work to preserve important evidence.
Contact Us for Legal Help
If you were injured after an intoxicated person was over-served at a Missouri establishment, our skilled legal team at Griggs Injury Law can help assess your potential dram shop claim. Contact us today to discuss your case, understand your options, and protect your rights.
