Statute of Limitations on Personal Injury Claims
Under Kansas and Missouri laws, personal injury and accident victims may be entitled to pursue financial compensation for their injuries and damages by filing a claim or lawsuit. However, there is a specific time limit (maximum time) after the injury or accident that you must commence a civil action to recover damages. This is known as the statute of limitations.
At Denning Law Firm, LLC, we support, guide, and provide elite representation for clients in their personal injury cases. Our Missouri attorneys can enlighten you about how the statute of limitations affects your case and help you pursue your deserved financial compensation.
To set up a consultation, contact us via phone or email. We’re proud to serve clients across Kansas City, Missouri, as well as Kansas City and Overland Park, Kansas.
Understanding Statute of Limitations on Personal Injury Claims
“Statute of limitations” is a law that establishes the deadline to file a civil action to seek damages after the date of an accident. Each state has a unique set of statute of limitations. The purpose of these laws is to preserve and ensure the legality of a case and avoid a situation where the claimant continues to blackmail or threaten the defendant indefinitely.
Missouri Personal Injury Statute of Limitations
The standard statute of limitations for most personal injury cases in Missouri—including motor vehicle accidents, dog bites, motorcycle accidents, product liability, pedestrian accidents, slip and falls, and intentional torts—is five (5) years from the date the accident or injury occurred. Exceptions include:
Medical malpractice claims – 2 years.
Assault and battery claims – 2 years.
Wrongful death claims – 3 years.
Claims filed against the Missouri government – 90 days.
Statute of Limitations for Personal Injuries in Kansas
Furthermore, the standard statute of limitations for the majority of personal injury cases in Kansas—such as auto accidents, dog bites, motorcycle accidents, pedestrian accidents, slip and falls, premises liability, medical malpractice, wrongful death, and product liability—is two (2) years from the date the accident or injury occurred.
Again, you will only qualify to pursue financial compensation for your injuries and damages provided that you file your claim within the required statute of limitations unless certain exceptions apply.
Exceptions to the Statute of Limitations in Missouri and Kansas
Additionally, there are some legal exceptions that allow the court to extend the time limit for filing the personal injury claim based on the surrounding circumstances of your personal situation. Here are some exceptions to the statute of limitations for personal injury in Missouri and Kansas:
Legal Disability – The injured person is mentally incompetent or under 21 years old.
Relocation – The defendant moved out of the state for a specific period of time.
Delayed Discovery – The injuries or symptoms were hidden or delayed. Thus, the victim didn’t know they were injured.
Knowledge of Claims – The injured person did not know they could file a personal injury claim or seek financial compensation from the responsible party.
A dedicated personal injury lawyer can investigate all of the surrounding facts of your case and help ensure that you file your personal injury claims as soon as possible.
I’ve Missed the Filing Deadline. Now What?
As previously stated, the maximum time limit for filing a personal injury claim in Missouri and Kansas is five and two years, respectively. If you miss the filing deadline, you may completely lose your legal right to seek damages for your injuries.
Furthermore, the court will throw out your claims if you file them after the statute of limitations has passed. Unfortunately, this may affect your leverage, and you may be unable to negotiate a settlement, regardless of the magnitude of your injuries or the strength of your case.
The maximum time to commence your civil action passes by quickly. Thus, you should get in touch with a dedicated personal injury attorney immediately after the incident. Your legal counsel can explore your possible legal options to seek damages and guide you through the personal injury claims process.
Questions? Reach Out to Our Kansas City Firm Today.
Getting hurt in an accident or sustaining a personal injury can be an emotional and overwhelming experience. At Denning Law Firm, LLC, we’re committed to representing clients in their personal injury claims. Our dedicated attorneys can evaluate the magnitude of your injuries, estimate case value, and help file your claims within the required time limit.
In addition, we will fight vigorously for your rights and help you pursue the fair financial compensation you deserve. We proudly represent clients across Kansas City, Missouri, as well as Kansas City and Overland Park, Kansas.