If you or a loved one suffered any injuries or death due to the negligence of another person, you may have the right to compensation. Both states of Missouri and Kansas have different sets of rules and deadlines, called “statute of limitations” that require a person to file a personal injury or wrongful death lawsuit within a certain period of time. If you miss that deadline, then the negligent person may escape responsibility for any injuries or damages and you will not be able for your losses and damages. Said another way, if you fail to timely file within the statute of limitations, a court will not hear your case and you will lose. Therefore, it is crucial to understand the dates, deadlines, and rules that apply to your case.
Understanding Statutes of Limitations
Many people wonder why there is a deadline at all to bring a personal injury or wrongful death claim. While setting a deadline or time limit may seem unfair, doing so accomplishes several objectives including:
- Encouraging an efficient legal system by requiring plaintiffs to file a lawsuit within a reasonable amount of time
- Ensuring that any evidence regarding the case is obtainable and reliable
- Providing comfort to a defendant that they will not have the threat of an impending lawsuit over them forever
Missouri Statute of Limitations
While this list is not exhaustive, it does cover the statute of limitations deadlines for a majority of the personal injury and wrongful death claims that may be brought in the state of Missouri:
- Personal Injury – Five years from the date of the accident, or discovery of the accident-related injury.
- Medical and Dental Malpractice – Two years from the date of the injury, or the date you became aware that medical malpractice occurred. See RSMo 516.105
- Product Liability – Five years from the date of accident or injury, or the discovery of the accident-related injury.
- Wrongful Death – Three years from the date of your loved one’s death. See RSMo 537.100
Kansas Statute of Limitations
The following are the basic statute of limitations deadlines for a majority of the personal injury and wrongful death claims in the state of Kansas:
- Personal Injury – Two years from the date of the accident, or discover of the accident-related injury
- Medical Malpractice – Two years from the date of the injury, or the date you became aware that the medical practice occurred. However, no lawsuit may be brought more than four years after the medical malpractice occurred.
- Product Liability – Two years from the date of the accident or injury, or the discovery of the accident-related injury.
- Wrongful Death – Two years from the date of your loved one’s death.
Contact an Experienced Personal Injury and Wrongful Death Attorney
If you suffered personal injuries or your loved one died due to someone else’s negligence, it is critical that you have someone who can navigate the legal complexities of bringing a personal injury or wrongful death claim under either Missouri or Kansas law. Contact our compassionate, understanding, and experienced personal injury and wrongful death attorneys at Griggs Injury Law at (816) 474-0202 to help you understand your legal rights, discuss your case, and ensure that you do not miss any deadlines that would prevent you from receiving the compensation you deserve.
