After an accident, you may be wondering how long you have to file a lawsuit if settlement negotiations aren’t successful or seem to be dragging on.
So, what is the statute of limitations on a car accident in Kansas?
Here’s what you need to know about the statute and when it applies.
If you have questions, contact the Kansas car accident lawyers at Cottrell Law Office today.
What is a Statute of Limitations?
A statute of limitations is a legal time limit that says how long a plaintiff has to file a lawsuit for their losses.
The goal of this limitation is to preserve the evidence in a case and prevent frivolous litigation.
Every case type has its own statute of limitations, and some of them differ significantly.
In addition, these time limits vary from state to state, meaning that the statute of limitations for one jurisdiction may be longer or shorter than another.
Current Kansas Statute of Limitations for a Car Accident
Under the Kansas Statutes § 60-513, car accident victims have two years from the date of injury to file a lawsuit.
Typically, this clock starts on the day of your accident. For example, if your crash occurs on January 15, 2022, you have until January 15, 2024, to bring an action.
However, if you don’t discover the injury until later, the clock starts from the day you found out about the injury.
While this is relatively rare in car accident cases, it is more likely to happen if you have an internal injury that’s difficult to diagnose.
What Happens If You Miss the Motor Vehicle Accident Statute of Limitations?
The statute of limitations for a car accident isn’t just a suggestion. Unfortunately, if you miss the deadline set by law, the court is unlikely to hear your case.
That’s why it’s essential to start building your case soon after your accident. Even though many cases settle before going to trial, it’s better to be safe than sorry.
This is particularly true if you sustain a serious injury that requires several months or years of treatment.
Are There Any Exceptions to the Statute of Limitations for a Kansas Car Accident?
There are a few exceptions to the statute of limitations for a car accident in Kansas, but they aren’t that common.
According to KS § 60-508, the court may delay the running of the statute of limitations in cases where:
- The plaintiff was under the age of 18 at the time of the accident,
- The plaintiff was mentally incapacitated due to the accident, or
- The plaintiff has a disability that makes them incapable of making legal decisions.
In these scenarios, we recommend reaching out to one of our attorneys to discuss your case and whether an exception may apply.
Injured in a Wreck? Don’t Wait to Pursue Your Claim
Whether you or a loved one receives an injury in an accident, the results can be devastating.
At Cottrell Law Office, attorney Wes Cottrell has 30+ years of experience helping victims recover from their injuries.
He knows what’s on the line physically, emotionally, and financially for his clients, so he always fights for the justice they need.
To schedule a free consultation, please call us at (855) 925-6080 or contact us online.
Wesley Cottrell
Wes Cottrell earned his B.A. from Pittsburg State University in 1981 and his J.D. from the Washburn University School of Law in Topeka, Kansas in 1985. He was admitted to practice law in Kansas in 1986, in Missouri in 1987, in Arkansas in 1989, and Oklahoma in 1993. He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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