Time Limits for Crime Victim Claims
Understanding deadlines for victim compensation and civil lawsuits in Missouri
Don't Wait to Take Action
Missing a deadline can permanently eliminate your right to compensation. If you're unsure about your timeline, contact an attorney immediately for a free consultation.
Time Limits Overview
As a crime victim in Missouri, you have different deadlines depending on what type of claim you're pursuing. Understanding these deadlines is critical because missing them can permanently bar you from receiving compensation, regardless of how strong your case might be.
Victim Compensation
2 Years
From the date of the crime to apply for Missouri Crime Victims Compensation Program benefits.
Civil Lawsuit
5 Years
From the date of injury to file a premises liability lawsuit against the property owner.
Missouri Crime Victims Compensation Deadlines
The Missouri Crime Victims' Compensation Program provides financial assistance for certain expenses. However, you must act within specific timeframes:
- 1 File within 2 years of the date of the crime (or within 2 years of the victim's death for wrongful death claims).
- 2 Report the crime promptly to law enforcement (typically within 48 hours, though exceptions exist for certain crimes like sexual assault).
- 3 Cooperate with law enforcement and prosecutors as reasonably required.
Exceptions for minors: If the victim was a minor at the time of the crime, the 2-year deadline may be extended. Contact the Missouri Crime Victims' Compensation Unit or an attorney to understand how this applies to your situation.
Premises Liability Lawsuit Statute of Limitations
If you want to sue the property owner where the crime occurred (a premises liability or negligent security claim), Missouri law gives you:
5 Years from the Date of Injury
This is Missouri's statute of limitations for personal injury claims, including premises liability cases.
Important: While 5 years may seem like a long time, it's crucial to act much sooner. Evidence disappears, witnesses forget details, and property conditions change. The sooner you consult an attorney, the stronger your case will be.
Confidential. Free. Missouri-focused.
Why You Shouldn't Wait
Even though you may have years to file a lawsuit, waiting can seriously damage your case:
Critical: Video Footage Window
Security camera footage is typically deleted within 30-90 days unless someone requests its preservation. This footage is often the most critical evidence in negligent security cases - it can show security failures, identify attackers, and prove what really happened.
Industry standard retention by property type:
- Small businesses: 14-90 days
- Hotels/large retail: 30-90 days
- Banks & casinos: 90 days to 6 months
- Government/public: 30 days to 1 year
Missouri note: No statewide mandatory retention for private CCTV. St. Louis Metro PD retains footage 30 days; Kansas City PD holds non-evidentiary video 180 days.
Witnesses Forget
Witness memories fade over time. Key details that could support your case become harder to recall accurately.
Property Changes
Property owners may add security measures, repair broken lights, or fix gates, making it harder to prove what conditions existed when the crime occurred.
Stronger Case Early
An attorney can immediately preserve evidence, send preservation letters to property owners, and gather critical documentation while it's still available.
Evidence Preservation Letters
Once you hire an attorney, they can send a spoliation letter (also called a preservation letter) to the property owner. This letter legally requires them to preserve all evidence related to your case, including security footage, incident reports, and maintenance records.
This letter must be sent before evidence is deleted. For security footage, this means within days or weeks of the incident - not months or years. The sooner you contact an attorney, the more evidence can be preserved.
Exceptions and Special Rules
Minors (Under 21)
If you were under 21 when the crime occurred, Missouri tolls (pauses) the statute of limitations until you turn 21. After your 21st birthday, the standard 5-year period begins, giving you until age 26 to file. Despite this extended deadline, acting sooner preserves evidence and strengthens your case.
Mental Incapacity
If you were mentally incapacitated at the time of the crime (due to the crime itself or other factors), the limitations period may be paused until the incapacity ends.
Government Properties (Shorter Deadline)
Warning: If the crime occurred on government property (city, county, state, or federal), you may have as little as 90 days to provide written notice of your claim. Contact an attorney immediately if your crime occurred on government property.
Wrongful Death
Missouri has a 3-year statute of limitations for wrongful death claims, starting from the date of death. Different rules apply for who can bring the claim and what damages are available.
Frequently Asked Questions About Time Limits
Q1 What if I just discovered I could sue the property owner?
Missouri's 'discovery rule' typically applies when an injury itself wasn't immediately apparent (such as certain medical conditions), not when someone simply didn't know they had a legal claim. The standard rule is that the clock starts from the date of the crime, not when you learned about your legal options. If you believe you didn't discover your injury until later, consult an attorney immediately to evaluate your specific circumstances.
Q2 What if I was a minor when the crime happened?
If you were a minor when the crime occurred, Missouri law 'tolls' (pauses) the statute of limitations until you turn 21. Once you reach 21, the standard 5-year period begins. This means you generally have until age 26 to file a personal injury lawsuit. However, it's still best to act as soon as possible while evidence is fresh and witnesses' memories are clear.
Q3 Does the criminal case deadline affect my civil case?
No. Criminal prosecution deadlines (statutes of limitations for crimes) are completely separate from civil lawsuit deadlines. Whether or not the criminal is ever charged or convicted has no bearing on your deadline to file a civil claim against the property owner.
Q4 What happens if I miss the deadline?
If you miss the statute of limitations, you lose your right to file a lawsuit forever. The court will dismiss your case, and no amount of evidence or injury severity can override this. This is why consulting an attorney early is so important.
Q5 Can the deadline be extended?
In limited circumstances, yes. Extensions may apply for minors, individuals who were mentally incapacitated, or when the defendant fraudulently concealed information. Some government claims have shorter deadlines that cannot be extended. An attorney can evaluate whether any exceptions apply to your case.
Q6 What about claims against government properties?
Claims against government entities (city, county, or state property) have much shorter notice requirements, often just 90 days to provide written notice of your claim. If your crime occurred on government property, contact an attorney immediately.
Get Your Free Case Evaluation
Complete the form for a free case evaluation from a crime victim attorney. Our consultation is completely confidential, and there's no obligation.
Don't Let Time Run Out
A free consultation can help you understand your exact deadlines and protect your right to compensation.