When someone suffers a serious injury or a family loses a loved one due to another party’s negligence, timing is critical. The statutes of limitations in both Kansas and Missouri establish legal deadlines for filing personal injury or wrongful death claims, and missing these deadlines can prevent your claim from moving forward.
At SJP Sifers Jensen Palmer, we assist clients throughout the Kansas City Metropolitan Area, including Springfield, Missouri; Kansas City, Missouri; and Kansas City, Kansas, in understanding how statutes of limitations can potentially impact personal injury and wrongful death claims.
Knowing how these time limits operate is essential to protect your rights and preserve your ability to seek justice and compensation. Contact us today to schedule a consultation and let us help you pursue your personal injury or wrongful death claim with confidence.
A statute of limitations is a law that defines how long a person has to bring a claim after an injury or wrongful death occurs. These rules exist to encourage the timely resolution of disputes, preserve evidence, and protect defendants from claims that are too old to defend effectively.
The time frames differ depending on the type of claim. For instance, personal injury cases generally have shorter time limits than wrongful death claims, and specific circumstances can extend or pause these deadlines. Being aware of the applicable statute of limitations is crucial to make sure that you don’t lose your right to pursue compensation.
In personal injury cases, the statute of limitations typically begins on the date the injury occurs or when the injury is discovered. For example, if you have been injured in a car accident, the clock typically begins on the date of the crash. Some of the factors that can affect the time limit include:
Discovery of injury: If an injury isn’t immediately apparent, the statute may start when the injury is discovered.
Minors: Time limits may be extended for injured children until they reach the age of majority.
Government entities: Claims against government bodies often have shorter deadlines and specific filing requirements.
In Missouri, you typically have five years from the date of the injury to file a personal injury claim. In Kansas, you have only two years, which is considerably shorter. Understanding these details is critical in personal injury cases because missing the deadline can result in your claim being dismissed, even if liability is clear.
Wrongful death claims occur when a person dies due to another’s negligence, such as in car accidents, medical malpractice, or workplace accidents. The statute of limitations for wrongful death generally begins on the date of death, though some states provide additional time for claims related to medical malpractice or delayed discovery. Some key considerations to keep in mind when filing a wrongful death claim include:
Eligible claimants: Only certain family members, such as spouses, children, or parents, may bring a wrongful death claim.
Damages recoverable: Wrongful death damages may include funeral expenses, lost income, and loss of companionship.
State-specific rules: Time limits vary across Missouri, Kansas, and other jurisdictions, so local knowledge is critical.
In Missouri, you typically have three years from the date of death to file a wrongful death claim. In Kansas, the time frame is slightly shorter at two years. Being aware of these limits allows families to take action without losing valuable time.
Certain circumstances can extend or pause the statute of limitations, giving you more time to file a case. Understanding these exceptions is essential for both personal injury and wrongful death claims. Some common exceptions include:
Fraud or concealment: If the responsible party hides evidence or conceals their actions, the statute may be tolled until the fraud is discovered.
Minors and incapacitated individuals: Children or incapacitated adults may have delayed deadlines until they are legally able to act.
Defendant's absence: If a defendant leaves the state or can’t be served, the statute may be paused until they are located.
If you are looking to file a personal injury or wrongful death claim, an experienced attorney can help you review these situations carefully to determine whether your claim is subject to extensions that can protect your right to seek compensation.
Calculating the statute of limitations requires attention to the type of claim, the date of injury or death, and any factors that may extend the timeline. Even a one-day miscalculation can result in your case being dismissed. Some key steps you should take include the following.
Confirming the exact date of the incident: Establishing when the injury or death occurred is the first step.
Identifying applicable state laws: Personal injury and wrongful death statutes can vary by jurisdiction, including Kansas City, Missouri, Springfield, Missouri, and other parts of Kansas.
Evaluating tolling factors: Review whether any exceptions or pauses apply that extend the filing period.
Setting internal deadlines: Plan legal action well ahead of the statute’s expiration to allow for investigation and case preparation.
At SJP Sifers Jensen Palmer, we follow a careful approach to help you meet the necessary deadlines without rushing the investigation or sacrificing the strength of your case.
Failing to meet the statute of limitations can have severe consequences. In many jurisdictions, courts will dismiss cases filed after the deadline, regardless of the strength of the evidence. This makes timely action critical for both personal injury and wrongful death claims. Some possible outcomes of missing the statute of limitations include:
Loss of legal rights: Failing to file on time can result in the permanent loss of the ability to file a claim.
Denied compensation: Injured parties may lose the ability to recover medical expenses, lost wages, or pain and suffering.
Emotional impact: Families seeking justice for a wrongful death may face additional emotional stress if legal action is barred.
By understanding and respecting these deadlines, our experienced personal injury attorneys can help you preserve your legal rights and prevent unnecessary setbacks.
If you or your family are facing personal injury or wrongful death situations, it's important to act promptly to file a claim. Failing to do so could result in the inability to file a claim in the future. An experienced attorney can help you gather the necessary documentation and file a claim within the established time frames.
At SJP Sifers Jensen Palmer, we will work closely with you to evaluate the details of your case, clarify any applicable statutes of limitations, and outline your options for pursuing compensation. By acting promptly and methodically, we guide you through each step, providing support and clarity while protecting your rights and interests.
With offices in Westwood, Kansas, and Springfield, Missouri, we serve clients throughout the Kansas City Metropolitan Area, including both Missouri and Kansas. Contact us today to schedule a consultation and explore your options for pursuing compensation.
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