If you suffer injuries in a drunk driving accident, you're entitled to compensation from the intoxicated driver. To protect your legal rights, you must know what the deadline to sue is and file your lawsuit before it expires—otherwise, you lose your rights to a settlement.
The deadline to file a lawsuit is referred to as the statute of limitations. This time period is different in Kansas and Missouri, and you need to follow the law in the state where your collision occurred.
What Is the Time Period to Sue in Missouri?
The rules you need to follow in Missouri are:
- Personal injuries and property damage: Five years from the date of the accident
- Wrongful death: Five years from the date of your loved one’s death, not the date of the collision
What Is the Deadline to Sue in Kansas?
You have much less time to file your lawsuit against the drunk driver in Kansas. The deadlines are:
- Personal injuries and property damage: Two years from the date of the drunk driving accident
- Wrongful death: Two years from the date of your family member’s death, not the date of the collision
Benefits of Pursuing Your Claim Quickly
If you file your lawsuit after the deadline expires, the attorney for the drunk driver will file a motion to dismiss your case. You don't have any wiggle room here: the judge will grant their motion, and you won't be able to recover any injury compensation.
If your drunk driving accident happened recently, you may feel like you have plenty of time to file a claim with the driver’s insurance company. However, there are many reasons why it's better to partner with a skilled lawyer in Kansas City who will work swiftly to set your claim right. Here are three ways doing this makes your case stronger:
- Your attorney can conduct a more thorough investigation into the cause of your crash and collect all the evidence you need to prove that the motorist’s intoxication was the cause of your injuries.
- Your lawyer will obtain witness statements while the crash is fresh in their minds and before they become impossible to locate.
- When you hire an attorney, they'll take over communications and negotiations with the insurance company and help you avoid inadvertent mistakes that hurt your case. They'll also negotiate the settlement so you receive the maximum recovery you deserve.
Were You Injured In a Kansas City Area Drunk Driving Accident?