Personal injury cases are a common occurrence that can arise from accidents, medical malpractice, or intentional harm caused by another individual or party. If you suffered a personal injury in Kansas, you may be entitled to compensation for your damages. However, it is important to act quickly as the State of Kansas imposes a statute of limitations on personal injury claims. This article elaborates on the statute of limitations for personal injury claims in Kansas, including the time frame, exceptions, and consequences of missing the deadline.
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What is a Statute of Limitations?
A statute of limitations is the deadline imposed by law that limits the time a person has to file a lawsuit after an injury or harm has occurred. The purpose of the statute of limitations is to ensure that lawsuits are filed in a timely manner while evidence and witnesses are still available.
In Kansas, the statute of limitations for personal injury claims is two years from the date of the injury or harm. After this time period, the injured party loses the right to file a lawsuit and seek compensation for their losses.
Exceptions to the Statute of Limitations
There are some exceptions to the statute of limitations that extend the time limits for filing a lawsuit in Kansas. These exceptions include:
Minors
If the personal injury victim is a minor (under the age of 18), the statute of limitations does not begin until the minor turns 18 years of age.
Incapacity
If the personal injury victim is incapacitated and unable to file a lawsuit due to a mental or physical disability, the statute of limitations is extended until the disability is removed.
Discovery Rule
If the injury or harm was not reasonably discoverable at the time of the incident, the statute of limitations may be extended. This rule is known as the discovery rule, which allows the injured party to file a lawsuit within two years from the date that the injury was discovered or should have been discovered with reasonable diligence.
Consequences of Missing the Deadline
If the injured party fails to file a lawsuit before the two-year deadline has expired, they will lose the right to sue for damages. This means that any opportunity for compensation is lost, and the injured party may have to bear the costs of their injuries on their own.
It is crucial to act quickly and seek the advice of a personal injury lawyer if you have been injured due to another’s negligence. An attorney can evaluate your case, gather evidence, and file a lawsuit within the statute of limitations to ensure that you receive the maximum compensation for your damages.
Conclusion
In summary, the statute of limitations for personal injury claims in Kansas is two years from the date of the injury or harm. Exceptions include minors, incapacity, and the discovery rule, which allows for an extension of the deadline. Missing the deadline can have serious consequences, leaving the injured party without any opportunity for compensation. Therefore, it is essential to consult with a knowledgeable personal injury attorney to protect your rights and seek compensation for your losses.