If you suffered a brain or spinal cord injury in a car, truck, slip and fall, or another type of accident, it's crucial that you file your lawsuit within the statute of limitations. This is the deadline you have to sue the negligent party. Like other states, Missouri and Kansas have their own laws on how long victims of accidents have to sue.
What's the Deadline to Sue for a Brain or Spinal Injury in Missouri?
The time period you have to pursue your case in court for a brain or spinal injury in Missouri depends on whether you're filing a lawsuit for your own injuries or for damages caused by a loved one’s death in an accident. Here are the deadlines for both:
Personal injuries and property damage.
You have five years from the date of your accident to file a lawsuit for personal injuries and any property damage caused in the incident.
If a family member died due to brain or spinal injuries suffered in an accident caused by someone else's negligence, you have the right to file a wrongful death lawsuit. The time period to do so is three years from the date of your loved one’s death—not the date of the accident.
What's the Time Period to Sue for a Brain or Spinal Injury in Kansas?
If your accident occurred in Kansas, you will need to comply with the Kansas statute setting the deadline to sue, which is much shorter than the law in Missouri. Here are the time periods you must comply with:
Personal injury and property damage.
You only have two years from the date of your accident to file a lawsuit for personal injuries and/or property damages.
A wrongful death lawsuit must be filed within two years of the date of your family member’s death.
What Are the Consequences If You Miss the Deadline?
If you fail to file a lawsuit within the statute of limitations, the insurance company will most likely file a motion to dismiss your case, which the judge would grant. Although there's no deadline to settle your claim out of court, the carrier would have no incentive to offer you any money because it knows you couldn't successfully sue their insured.
Why You Should Seek Legal Counsel Soon After Your Accident
You may not feel any need to rush to consult with a lawyer if you have months or years before the deadline to sue expires. However, you should hire an attorney as soon as possible if you want a strong case against the party responsible for your accident and injuries. Here are two reasons hiring a lawyer sooner rather than later strengthens your claim:
- Your attorney will conduct a more thorough investigation into the cause of your accident right after it happens and preserve critical evidence—such as trucking company records and surveillance video footage—before it's destroyed or lost.
- Your lawyer will secure statements from witnesses to your accident while the incident is fresh in their minds and before they move or otherwise disappear.
Have You Or A Loved One Suffered A Brain Or Spinal Cord Injury?
If you've suffered a brain or spinal cord injury you need to speak with an experienced attorney as soon as possible. Please contact us online or call our office directly at 816.471.5111 to schedule your free consultation.