Hiring a Personal Injury Lawyer in St. Louis: Deadlines, Fees and the State Line
Revised July 27, 2026
How long do I have to file an injury claim in St. Louis?
Which side of the river decides your case. Missouri: 5 years for personal injury, 3 for wrongful death (from death), 2 for med-mal. Illinois: 2 years for injury and wrongful death, and only 1 year against a local public entity. Shorter deadlines override: 30 days written notice to your employer for a work injury, 90 days written notice to the mayor for a City of St. Louis street/sidewalk defect. ⚖️ Fault works oppositely: Missouri is PURE comparative fault, Illinois bars recovery above 50%. At 60% at fault on $100,000 — Missouri pays $40,000, Illinois pays $0. 💰 Missouri’s rules require your contingency agreement to state whether expenses come off BEFORE or AFTER the fee — on a $100K settlement that one sentence is worth $3,333. Provider liens are capped at 50% of NET (after fees and costs). 🚫 A lawyer phoning or approaching you after a crash is prohibited outright; written solicitation is barred for 30 days.
Keep reading ↓Two cars crash the same way on the same afternoon. One wreck happens on Kingshighway, the other on a street in Belleville, twenty minutes east.
The Missouri driver has five years to file. The Illinois driver has two. And if a jury later decides each driver was 60% at fault, the Missouri driver still collects a substantial check while the Illinois driver collects nothing at all.
St. Louis straddles a state line, which means the single most important fact about an injury claim here is one almost nobody explains: which side of the river it happened on.
How long do I have to file an injury claim in St. Louis?
In Missouri, generally five years for personal injury, three years for wrongful death from the date of death, and two years for medical malpractice. In Illinois, it’s two years for personal injury and wrongful death, and only one year for a claim against a local public entity. If your claim is against the City of St. Louis for a street or sidewalk defect, written notice must reach the mayor within 90 days. And a work injury must be reported to your employer in writing within 30 days. Which deadline applies is a legal question — don’t self-diagnose it.
Missouri’s five years is a trap
Missouri’s general five-year window is unusually generous, and that generosity is exactly what hurts people. Someone hears “five years,” relaxes, and blows through every shorter deadline that actually governs their case.
Because the five years is the exception in this list, not the rule:
Wrongful death: three years from the date of death, not from the injury.
Medical malpractice: two years from the act, with a ten-year outer limit.
A work injury: 30 days to notify your employer in writing.
Street or sidewalk defect in the City of St. Louis: 90 days written notice to the mayor.
Anything that happened in Illinois: two years — or one year against a municipality.
One more that surprises people: for a minor, the Missouri clock is paused until the disability is removed — and the statute sets that at age twenty-one, not eighteen. Medical malpractice has its own separate rule for minors.
The 90-day rule almost nobody knows
If you were hurt by a defect in a street, sidewalk, bridge, boulevard or thoroughfare in a Missouri city of 100,000 or more — which in this metro essentially means the City of St. Louis — you must give written notice to the mayor within 90 days of the occurrence. The notice has to state the place, the time, the character and circumstances of the injury, and that you will claim damages.
Two limits worth being precise about, because they get blurred constantly. It applies only to cities over 100,000 — St. Louis County is a county, not a city, so this particular provision doesn’t reach it. And it applies only to those specific kinds of defects, not to every claim against a city.
Suing a public entity is harder in another way, too. Missouri governments are generally immune, with narrow exceptions — principally the negligent operation of a motor vehicle by a public employee on the job, and injuries caused by a dangerous condition of public property. Outside those windows the claim often does not exist at all.
Where immunity is waived, damages are capped, and the cap is adjusted for inflation every year. For 2026 the Department of Commerce and Insurance publishes it at $532,148 for any one person and $3,547,658 for all claims from a single occurrence. Those numbers change every January 1 — if you see them quoted without a year attached, they’re probably stale.
Partly your fault? It depends which state
This is the single biggest practical difference across the river, and it’s the reason people who assume they have no case sometimes do.
Missouri uses pure comparative fault. There is no cutoff. Your recovery is reduced by your share of the blame, and that’s all. (Worth noting for accuracy: for ordinary negligence this comes from a 1983 Missouri Supreme Court decision rather than a statute, so anyone citing “the Missouri comparative fault statute” for a car wreck is misinformed.)
Illinois uses modified comparative negligence with a bar. If you are found more than 50% responsible, you recover nothing at all. At 50% or less, your damages are reduced proportionally.
Put actual numbers on it. Say your damages are $100,000 and a jury finds you 60% at fault:
Missouri: you recover $40,000. Illinois: you recover $0.
Same facts. Same injury. Same jury. Opposite outcomes, decided by geography. Which state’s law applies is a choice-of-law question and depends on more than your home address — another reason not to talk yourself out of a claim because you think you were partly to blame.
Why the other driver’s insurance usually isn’t enough
Missouri requires drivers to carry $25,000 per person, $50,000 per accident, and $25,000 for property damage. That is the floor the state demands of an at-fault driver. It is not a measure of what an injury costs.
An ambulance ride, an emergency room visit, imaging and a single surgery can exhaust $25,000 before anyone counts a lost paycheck. If the at-fault driver carries the minimum and has nothing worth pursuing, that policy is effectively the ceiling on your recovery.
Which is why the coverage that matters most is often your own. Missouri requires uninsured motorist coverage on every auto policy, at the same $25,000/$50,000 limits. Missouri does not require underinsured motorist coverage — that one is optional, and it is precisely the coverage that carries a serious claim when the at-fault driver is insured but nowhere near adequately.
Go read your own declarations page tonight. Ten minutes, and it tells you more about your protection than the other driver’s policy will.
Hurt at work? Two clocks, running at once
A work injury runs on an entirely separate track, and the first deadline is brutally short.
Written notice to your employer within 30 days. Missouri’s Division of Workers’ Compensation says plainly that failing to report within 30 days may jeopardize your benefits — and advises keeping a copy of the notice with the date, time, and who received it. There is a narrow exception where the employer wasn’t prejudiced, but the burden falls on you. Treat 30 days as hard.
The claim itself must be filed with the Division within two years, extended to three if your employer never filed its report. The Division also notes the period can run from the last payment made on account of the injury — which matters if you received benefits for a while.
Now the part most injured workers never hear. Workers’ compensation is generally your exclusive remedy against your employer — that’s the trade. But it does not bar a claim against a negligent third party: another driver who hit you while you were working, a subcontractor on the site, the manufacturer of a machine that failed.
Those third-party claims run on the ordinary injury clock, not the comp clock. So you can have two live cases at once, with different deadlines, and the third-party case is frequently where the real recovery is.
The one sentence in the fee agreement that costs you thousands
Injury lawyers work on contingency — a percentage of what they recover, nothing if they lose. We are deliberately not going to tell you what percentage is “normal” in Missouri, because no neutral source establishes one. Every number you’ll find comes from law firm marketing.
You don’t need the average anyway, because Missouri’s rules of professional conduct require your contract to spell it out. A contingency agreement must be in writing, signed by you, and must state:
• the percentages for settlement, trial and appeal, separately — they are often different
• the litigation and other expenses to be deducted
• whether those expenses come off before or after the fee is calculated
• any expense you owe even if you lose
That third item is the one to read twice, because Missouri sets no default. The contract decides — and the rule requires the contract to say which. Here is what it’s worth, on a $100,000 settlement with a one-third fee and $10,000 of case expenses:
Expenses first, then the fee: $10,000 comes off, the fee is one third of $90,000 — $30,000 — and you net $60,000.
Fee first, then expenses: the fee is one third of the full $100,000 — $33,333 — then $10,000 of expenses, and you net $56,667.
Same settlement, same percentage, same expenses. A $3,333 difference, decided entirely by one sentence. If a fee agreement doesn’t address it, that agreement doesn’t comply with the rule.
Expenses are separate from the fee and typically include filing fees, depositions and court reporters, expert witnesses, medical records, investigators and exhibits.
Why your settlement shrinks, and the cap that protects you
A $100,000 settlement never lands in your account as $100,000, and the reason isn’t just the fee.
When someone injures you, your health insurer or the hospital usually pays the bills up front. If you later recover from the at-fault party, those payers can claim reimbursement out of your settlement — otherwise the same bill gets paid twice. That’s a lien.
Missouri law puts a real limit on it, and it is stated correctly almost nowhere. Health care provider liens are capped at 50% of the net proceeds — and “net” is defined as what remains after attorney fees and the expenses of recovery. Providers do not get to take the settlement. Where the liens exceed the cap, they share the available amount proportionally.
If MO HealthNet paid your bills, the state has its own lien, with no fixed percentage cap — but attorney’s fees take priority over the state’s claim, and courts apportion based on equitable factors including your age, the permanence of the injury and your future needs.
Can a lawyer call you after a crash? No.
This is the question people actually have after a wreck, and it has an unambiguous answer.
Missouri’s rules prohibit a lawyer from initiating in-person, telephone, or real-time electronic solicitation of legal business under any circumstance — with narrow exceptions for existing clients, other lawyers, close friends and relatives. Not “discouraged.” Prohibited.
Written solicitation has rules too. In an injury or wrongful death matter, a lawyer may not send one within 30 days of the accident. And any solicitation letter must be marked ADVERTISEMENT on the envelope and at the top of the first page.
So: a call or a knock at the door from a lawyer you don’t know is a violation. A letter that shows up a week after your crash is a violation. A letter at six weeks with no ADVERTISEMENT marking is a violation. You can report any of them to the Office of Chief Disciplinary Counsel.
Related, and worth knowing: Missouri lawyers generally may not pay anyone for recommending them, and may not practice through a business a non-lawyer owns or controls. If a “case manager” from a marketing company signs you up and then assigns you a lawyer, ask directly who owns the firm.
Checking a lawyer, and what the lookup won’t tell you
For Missouri, the Office of Chief Disciplinary Counsel is the Supreme Court agency that investigates lawyer misconduct, and public discipline imposed since January 1, 2006 is posted through the courts. The Missouri Bar maintains an official directory to confirm someone is a member and authorized to practice. For Illinois, use the ARDC lawyer search.
Three limits to understand, because misreading these does real harm:
The Missouri Bar’s LawyerSearch tool is opt-in — it lists only lawyers who asked to be listed and are taking new clients. A lawyer’s absence from it means nothing. Use the official directory for the “is this person licensed” question.
Public discipline online runs from 2006 forward. Older matters aren’t in that set.
And pending, dismissed and confidential complaints are not public — so a clean record means no public discipline, not that nobody ever complained.
For a Metro East crash, check both states. A Missouri license is not an Illinois license.
You probably don’t need legal aid
This surprises people, so it’s worth saying directly: legal aid organizations in this metro generally do not handle personal injury cases — and that isn’t a gap in the system.
Injury work is done on contingency, which means someone with a real claim can hire a lawyer without any money up front. Cost isn’t the barrier here the way it is for an eviction or a custody fight.
Where legal aid matters enormously is the wreckage that follows an injury — the eviction when you can’t work, the debt collectors, the denied benefits. Legal Services of Eastern Missouri covers 21 counties of eastern Missouri; Land of Lincoln Legal Aid covers the entire Metro East from its East St. Louis office. The Missouri Bar also runs a free, confidential fee dispute resolution program if you end up in a disagreement with your own lawyer over a bill.
This is general information about Missouri and Illinois law, not legal advice, and deadlines have exceptions that turn on facts specific to your case. If you were injured, talk to a lawyer licensed in the state where it happened — most will tell you where you stand at no charge.
Frequently asked questions
What percentage do most injury lawyers take?
There is no Missouri cap and no neutral source establishing a local norm — every percentage you will find online comes from law firm marketing. What Missouri’s rules do require is that your written agreement state the percentages for settlement, trial and appeal separately, since they often differ. Ask for those three numbers in writing.
How much will I get from a $50,000 settlement?
It depends on the fee percentage, the case expenses, whether expenses come off before or after the fee, and any medical liens. On a $50,000 settlement with a one-third fee and $5,000 of expenses, expenses-first nets you about $30,000 while fee-first nets about $28,333. Missouri also caps health care provider liens at 50% of your net proceeds after fees and costs.
What not to say to a personal injury lawyer?
Don’t guess or minimize. Saying “I’m fine” or estimating speeds and distances you aren’t sure of can follow a case for years. Also avoid assuming you have no claim because you were partly at fault — Missouri uses pure comparative fault, so being 60% responsible reduces recovery rather than ending it.
How hard is it to win a personal injury lawsuit?
Most injury claims settle rather than going to trial. The harder practical questions are usually whether the deadline was met, whether fault can be proven, and whether there is enough insurance to collect against — Missouri only requires $25,000 per person in liability coverage, which frequently becomes the real ceiling.
How long do I have to file an injury claim in Missouri?
Generally five years for personal injury, three years for wrongful death from the date of death, and two years for medical malpractice. Shorter deadlines override these: 30 days to report a work injury in writing, and 90 days’ written notice to the mayor for a street or sidewalk defect claim in the City of St. Louis.
Is the deadline different if my accident happened in Illinois?
Yes, and dramatically. Illinois allows two years for personal injury and wrongful death, against Missouri’s five and three. A claim against an Illinois local public entity must be filed within one year. For a Metro East crash the Illinois clock is the one that likely matters.
Can I still recover money if the accident was partly my fault?
In Missouri, yes — it uses pure comparative fault, so if you are 60% at fault on $100,000 of damages you still recover $40,000. In Illinois, being more than 50% at fault bars recovery entirely, so the same facts would yield nothing. This is the sharpest legal difference across the river.
Can a lawyer call me after my car accident?
No. Missouri’s rules prohibit a lawyer from initiating in-person, telephone or real-time electronic solicitation, with narrow exceptions for existing clients, other lawyers, friends and relatives. Written solicitation is also barred within 30 days of an accident, and any solicitation letter must be marked ADVERTISEMENT.
Do you run a St. Louis business that serves people after an injury? Physical therapy, chiropractic, medical transport, auto body, home modification — these are the searches people run in the weeks after a crash, and they run them locally. Listing your business takes a few minutes.
Also useful: how to find the right lawyer in St. Louis. Or browse local professionals on St Louis Near Me Directory.
Written by a dedicated team of St. Louis locals who live, work, and play right here in the St. Louis metro. Founder Lane Forman and team are committed to building the region’s most trusted directory by verifying listings and connecting local businesses with loyal customers across Missouri and Illinois.