After a car accident, time can slip away surprisingly quickly. The first few days are a blur of medical appointments and insurance calls and, before you know it, months have gone by. However, every passing day could be compromising your ability to pursue the compensation you deserve for your injuries and losses. Here is what you need to know about the time limitations that apply to your case and how you can protect your legal rights.
The Statutes of Limitations for Kansas and Missouri
Missouri sets a five-year deadline for filing personal injury lawsuits in Kansas City. This means you must file your lawsuit in court within five years from the date of your car accident. However, if the accident is fatal and you want to pursue a wrongful death lawsuit, you have three years from the date of death to file.
In Kansas, there is a two-year statute of limitations for both personal injury and wrongful death claims. Kansas operates under a no-fault insurance system, which means your own insurance company pays for medical expenses and lost wages regardless of who caused the accident. You must file your insurance claim within two years of the accident.
If your injuries meet certain criteria, you can step outside of the no-fault system and file a claim against the at-fault driver. For these claims, you must file within 18 months of the accident date, or the right to sue transfers to the PIP insurer.
Are There Exceptions to the Statute of Limitations?
If you do not immediately realize the extent of your injuries after a car accident, both Missouri and Kansas may give you more time to file your claim. This often happens with injuries like whiplash, back problems, or head trauma, where symptoms can take weeks or months to fully develop.
In these cases, the discovery rule may apply; this means the deadline will be based on when you could reasonably discover your injury, rather than the accident date. This exception is rare in car accident claims, so it is important to consult with a car accident attorney in Kansas City to determine whether it applies to you.
In Missouri, you may also be able to extend your filing deadline in the following situations:
- You are under 21 years old; your deadline starts when you turn 21.
- You are mentally incapacitated; your deadline starts when the incapacity ends.
- The person who caused your injury leaves Missouri; your deadline pauses until they return.
Kansas provides similar protections but with stricter limits. For example, if you are under 18, mentally incapacitated, or imprisoned, you have one year to file after your status changes or eight years from the injury date, whichever comes first. Kansas also sets absolute deadlines through its statute of repose, which is 10 years after the accident for personal injury cases.
Begin Your Car Accident Claim with Our Firm Today
After a car accident, do not let time slip away—you could risk losing your right to compensation. Dollar, Burns, Becker, & Hershewe can guide you through the claims process and ensure all deadlines are met while you focus on your recovery. Contact us today at (816) 876-2600 for a free consultation with a Kansas City car accident lawyer.