The time limit within which a lawsuit must be brought is called a statute of limitation. That time period varies from state to state and depending upon the nature of the case. There may also be specific notice requirements when dealing with certain governmental entities as potential defendants. If a lawsuit is not filed within the proper time limit that applies to the case, the right to sue and recover damages is forever lost.
In Kansas claims for negligence and wrongful death are generally two years from the date of the negligence. Written contracts have a statute of limitations that runs 5 years after the breach.
There are a couple of exceptions to the time limits that would normally apply to an injury claim. Measuring the statute of limitations for a particular situation can be a complex issue. For instance, under the discovery rule, the time begins to run from when the person who is injured knew, or by the exercise of reasonable diligence should have known, that he or she was injured. The discovery rule is commonly applied in cases involving exposure to toxic substances and in some medical malpractice cases. In such cases, an injured victim may not know of his or her injuries until after the time limits had already expired.
Another exception applies to children. Typically, the time does not begin to run for an injury until the child reaches 18 years of age. These special rules may also apply to people who are mentally impaired or who leave the state for particular kinds of reasons such as for military service.
If you have had a Kansas car wreck injury that was not your fault and need medical treatment, you need an experienced professional who can help you get back on the road to recover. Call us today at 316-269-1414. Our Kansas personal injury attorneys will provide you a free initial consultation and if we take your case you don’t pay a dime unless we recover money for you. Even then we only take a percentage of the total amount of your recovery.
If you have questions on what you should be looking for when you are making a decision to hire a Kansas personal injury lawyer, read our article located here.
Ray Hodge & Associates proudly represents victims and their families across the state of Kansas, including Wichita, Andover, Derby, Goddard, Haysville, Mulvane, Rose Hill, Newton, El Dorado and Hutchinson. Call today for a free consultation all over the state of Kansas. We have proudly served clients in Sedgwick, Butler, Sumner, Harvey, Kingman and Reno Counties.