The Missouri Chamber of Commerce and Industry is a longtime supporter of legislation that would reform the state’s civil justice system. Legislation that would reduce the statute of limitations for personal injury cases has been a tort reform priority for the past several years.
This week, the Senate Judiciary and Civil and Criminal Jurisprudence Committee heard SB 853, sponsored by committee chair Sen. Tony Luetkemeyer (R-Parkville). The bill would lower the timeframe in which a personal injury lawsuit could be filed from five years to two years.
Medical malpractice claims already have a two-year statute of limitations in Missouri.
“The purpose of a statute of limitations is to provide predictability to the parties involved,” Luetkemeyer said. “It also makes sure that evidence is reasonably available. As time goes on, witnesses’ memories fade and access to physical evidence becomes more difficult to get. This legislation encourages parties to quickly resolve their cases and stops a backlog of cases in our courts.”
Twenty-five states currently have a two-year statute of limitations. Only three states (Maine, North Dakota and Minnesota) exceed Missouri’s five years. Neighboring states Illinois, Iowa, Oklahoma, Kansas and Kentucky all have two-year periods.
Dana Frese, testifying on behalf of the Missouri Hospital Association, said Missouri’s current five-year statute of limitations puts the state at a competitive disadvantage when trying to attract new businesses.
“Requiring lawsuits to be filed within two years is better on balance than being subject to a suit later in time, when legitimate defenses are more likely to erode,” Frese said.
A companion bill in the House, HB 1964, is sponsored by Rep. Alex Riley (R-Springfield).
Heidi Geisbuhler Sutherland, director of legislative affairs for the Missouri Chamber, also testified in support of Luetkemeyer’s bill. For more information, contact Geisbuhler Sutherland at hsutherland@mochamber.com or 573-634-3511.
