How Long Do I Have to File a Personal Injury Lawsuit in Kansas? – Guest Post

  

Personal Injury Lawsuit

Personal injury and wrongful death cases vary significantly in length and complexity. While some may resolve relatively quickly, others can take years. The timeline of a case depends on the specific facts and circumstances. Additionally, unforeseeable external factors may also impact how long it takes to reach a resolution, which is beyond the control of the injured person and their personal injury lawyer.

If someone harms or injures you, you can sue them to receive compensation for the damage. But you must remember that there is a deadline for filing personal injury lawsuits in Kansas City, known as the statute of limitations. You must file a lawsuit before this deadline to be able to take your injury case to court. Therefore, acting quickly and filing your personal injury lawsuit on time is essential to maintain your right to compensation.

It’s essential to seek advice from professional law firms like Jay Murray Personal Injury Lawyers and manage the best case management software to determine how the statute of limitations applies to your case. They can provide specific guidance based on your situation. However, here’s some general information about how personal injury lawsuit deadlines work in Kansas City.

What Is the Statute of Limitations for Personal Injury Claims in Kansas City?

If you want to file a legal claim in court in Kansas, you need to remember the deadline set by the statute of limitations. Generally, you have two years from the accident or incident that caused your injury. That applies to injuries from car accidents, dog bites, truck accidents, wrongful death, medical malpractice, and other similar cases. The specific law that outlines this deadline is Kan. Stat. § 60-513.

If you’re injured, you have two years to take legal action starting from the date of the injury. However, if you don’t realize you’re hurt immediately, you can still take legal action until you reasonably discover it. However, there are some exceptions to this rule. For instance, if you are a victim of medical negligence, the time period could be extended up to four years. Moreover, minors have until they reach the age of nineteen before the time limit of eight or four years may apply.

It’s important to know that the time limit to file a personal injury claim can vary depending on the circumstances and parties involved. While the usual time limit is two years, some exceptions might lengthen or shorten it. Because every case is different, it’s best to consult with a personal injury lawyer to determine your specific deadline.

What is the Purpose of The Statute of Limitations in Kansas City?

Legal time limits in personal injury cases are in place to make sure that everyone involved is treated fairly.  Evidence may be lost or unreliable over time, making it difficult to have a just trial. Acting swiftly after an accident and seeking legal action is therefore crucial.

It’s essential to act quickly after a car accident or personal injury if you want to get fair compensation. Eyewitness accounts can lose their accuracy over time, which is why they are crucial in personal injury cases.

Exceptions to the Statute of Limitations

If your accident occurred more than five years ago and you have missed the deadline for filing a claim in Kansas City, you can still discuss this with your attorney and see any exceptions that may apply to your case. Look at the following conditions to help you bypass the Statute of Limitation.

1. The Defendant Has Been Personally Absent From the State

If the person you are trying to sue has been out of Missouri since the accident, you can extend the time to file a lawsuit. That is because the deadline for suing them gets paused when they leave Missouri and only starts again when they come back.

2. The Plaintiff Is Still a Minor

When a person is under 18 years old and is involved in an accident, they are not considered legally capable of making important decisions. Therefore, the time limit for legal action starts once they turn 18.

3. The Plaintiff Lacks Mental Capacity

When someone is mentally disabled, they may be considered unable to make legal decisions. For example, if they have a severe brain injury from a car accident, they might not be able to take legal action. In this case, the statute of limitations can be extended by the time they were incapacitated.

4. The Liable and Injury Parties Weren’t Discovered Right Away

Car accidents usually start the statute of limitations from the day of the accident. But in some cases, victims don’t find out they’re injured until later. The Missouri time limit of five years starts when the victim discovers their injury and who caused it. That is called the discovery rule. Examples include toxic exposure and medical malpractice.

How Long Do Personal Injury Lawsuits Typically Last?

The time it takes for a personal injury case to be resolved can vary greatly. Typically, it takes four to twelve months for the injured party to conclude.

The time it takes to resolve a legal case can vary greatly depending on its complexity. A simple auto accident case with clear liability and minor injuries can take as little as one to two months. However, a complex medical malpractice case with catastrophic injuries, unclear liability, multiple defendants, and the involvement of large medical companies can take five years or more to resolve.

Experiencing an accident can be a difficult and stressful event. Understandably, victims may require a lengthy recovery period to deal with the aftermath of the accident. However, these changes often require more than just short-term medical help. Getting help from professional law firms like Curiel & Runion who can help you file a claim and seek the compensation you deserve is essential. That will allow you to focus on your recovery without worrying about legal matters.