When you have been seriously injured in a motorcycle accident, an insurance claim or lawsuit can provide much-needed relief and a sense of justice. However, your right to pursue a legal claim is not indefinite. In Kansas City, strict time limits apply to motorcycle accident claims. These legal deadlines, known as statutes of limitations, restrict the window during which you can file a lawsuit against the at-fault party.
The Personal Injury Statute of Limitations in Missouri and Kansas
If your motorcycle accident occurred in Missouri, you generally have five years from the date of your injury to file a personal injury lawsuit in Kansas City. For accidents that occur in Kansas, the statute of limitations is significantly shorter. You typically have only two years from the date of your accident to file a personal injury lawsuit.
Missing these deadlines almost certainly means losing your right to seek compensation, regardless of how severe your injuries might be or how clear the other party’s fault. To protect your right to recovery, it is important to consult with a lawyer right away who can identify your appropriate statute of limitations and take action before your time is up.
Potential Exceptions to the Statute of Limitations
The statute of limitations is very strict in Kansas City, especially for motorcycle accident claims that are relatively straightforward. However, certain circumstances might extend the filing deadline:
- The Discovery Rule: In some cases, the clock may not start until you discover (or reasonably should have discovered) your injury. However, motorcycle crashes typically involve immediate and obvious injuries, making this exception rare.
- Legal Disability: If you were under 21 years old in Missouri, under 18 in Kansas, or mentally incapacitated at the time of your accident, the statute of limitations may be tolled or paused. The clock will begin running once you reach the age of majority or when you are no longer incapacitated.
- Defendant Absence: If the at-fault party leaves the state or goes into hiding after your accident, the time that they are absent may not count toward the statute of limitations.
These exceptions are complex and not always applied by the courts. Never assume an exception applies to your case without consulting with a Kansas City motorcycle accident attorney.
Why Acting Quickly Strengthens Your Motorcycle Accident Case
If you miss the statute of limitations, you risk losing your right to recover compensation altogether. Beyond this consequence, there are many practical reasons to take immediate legal action. For example, evidence such as skid marks, vehicle damage, and road conditions can quickly disappear or change after an accident.
The sooner you initiate your case, the easier it is to locate and interview witnesses while their memories are still fresh. Additionally, you may want to file an insurance claim before pursuing a lawsuit. Filing early gives you enough time to file a claim and still have time to pursue a lawsuit if a fair settlement cannot be reached.
Contact Our Kansas City Motorcycle Accident Attorneys Today
Time is already working against your motorcycle accident claim, so it is important to seek help as soon as possible. The attorneys at Dollar, Burns, Becker, and Hershewe can immediately begin preserving evidence and filing necessary paperwork before time runs out.
With over $1 billion recovered for clients, our firm knows how to navigate the complex statutes of limitations in Kansas City. Contact us at (816) 876-2600 today for a free consultation and trust our lawyers to protect your right to compensation.