After suffering a traumatic brain injury (TBI) in an auto accident or a fall because of another party’s negligence, you need to understand the legal process involved in seeking compensation for your injuries. Several factors play a crucial role in your TBI claim, with one of the most critical being the statute of limitations. The statute of limitations determines how long you have to file your claim. In this article, we discuss the statute of limitations for traumatic brain injury claims in both Kansas and Missouri to help you protect your legal rights.
What is a “Statute of Limitations”?
This law sets the time limit for filing your claim in court. In the context of personal injury claims, a statute of limitations refers to the time period within which you are allowed to file your personal injury lawsuit in court. Each state has unique rules regarding how long people have to file their personal injury claims in court, including those involving TBIs. It is vital that you know about the specific law in your state so you can protect your legal rights.
What is the Law in Kansas?
The statute of limitations in Kansas for personal injury claims, including those involving traumatic brain injuries, is currently two years. This means that if you have suffered a TBI due to a car accident or slip and fall, you must file a lawsuit within two years of the date of the accident.
However, sometimes, the clock does not start on the incident date. In cases involving hidden injuries that may not be immediately apparent, the statute of limitations clock may start running when the injury is discovered or should have reasonably been discovered. This rule, called the “discovery rule,” applies when the full extent of the TBI is not immediately known or symptoms take time to develop.
What is the Law in Missouri?
Missouri law offers a more extended time frame for filing a TBI claim, setting a five-year time limit. Similar to Kansas, if the full extent of the TBI is not immediately known or symptoms develop slowly over time, the statute of limitations may be extended, beginning from when the injury was discovered or should have reasonably been discovered instead of when the incident occurred.
Penalty for Failing to Follow the Statute of Limitations
The penalty for failing to file your traumatic brain injury claim on time is very harsh in both Kansas and Missouri. Failure to file your claim on time could lead to you losing your right to seek compensation for your injuries.
Seek Legal Advice Early
It is imperative to seek the advice of an attorney as early as possible. An attorney can help ensure your TBI claim is filed within the legal timeframe and that all necessary evidence is preserved while it is still in good condition. Acting quickly not only protects your rights, but it also strengthens your case by allowing you and your attorney to build a strong case from the start.
Contact a TBI Lawyer
The sooner you contact an attorney to discuss your TBI case, the better. At Griggs Injury Law, our experienced brain injury counsel can help you protect your legal rights and prepare a strong case that can enable you to recover your deserved compensation. Contact us today to schedule a consultation and discuss your case.
