Why Timeliness is Vital in Personal Injury Cases

Deciding whether to consult a personal injury attorney about a potential case can be a difficult decision to make. The attorneys at Biesterveld & Crook, LLC encourage people injured in roadway accidents to reach out for a free initial consultation. If after speaking with an experienced personal injury lawyer you decide not to proceed, you are not out any money and you will have explored a professional opinion to better discuss the case you may have. Contacting an attorney soon after the incident is important, whether pursuing further or not. Waiting too long can only hurt the potential claim.

Recollection of Events and Witness Accounts

Recalling specific details about a personal injury incident can become more challenging as time passes. This is especially true in motor vehicle collisions, as there are more people involved and there are usually several factors that led to the crash. Remembering the time of the crash, the location, the cause, etc. will only get hazier with time.

In the event that another individual witnessed the incident, their recollection of the details could get lost over time as well. Contact information provided by witnesses can also change as time passes, which could present additional challenges in using that witness to benefit your case.

Statute of Limitations

Kansas generally allows two years for a negligence-based injury lawsuit under K.S.A. 60-513. The starting point is governed by when substantial injury occurs or, if the injury was not reasonably ascertainable then, when it becomes reasonably ascertainable. The statute also includes an outside time limit, and other rules may apply. Have a lawyer calculate the deadline rather than assuming every claim runs from the crash date.

Missouri generally allows five years for a negligence-based injury lawsuit under RSMo 516.120. That period does not apply to every injury claim. For example, RSMo 516.140 sets a two-year period for assault and battery claims. A lawyer should identify the applicable law and claim type before calculating your deadline.

What Happens When the Statute of Limitations Expires?

Missing the applicable lawsuit deadline can prevent you from recovering in court. Whether a deadline has passed depends on the governing law, when the claim accrued and any applicable exception. If you think you may be close to or past a deadline, get legal advice promptly rather than assuming either that you have more time or that nothing can be done.

Tolling concerns whether a limitations period is paused or extended under a specific legal rule. It does not mean an expired claim automatically gets more time. The reason for the claimed extension, its timing and the applicable law all matter.

Kansas has special deadline rules for some people who are minors or under a legal disability. Those rules have conditions and outside time limits. Imprisonment alone does not qualify under the Kansas disability rule when the person has access to court. A lawyer should review any exception before you rely on it. See K.S.A. 60-515.

Contact a lawyer early enough to investigate the claim and meet the applicable filing requirements. Do not wait for settlement discussions to finish before asking when a lawsuit must be filed.

What Can Be Expected when Filing a Personal Injury Claim?

Once the decision to hire a personal injury attorney has been made, the attorney will then proceed with a deeper investigation of your claim. This can include obtaining the accident/incident report, requesting medical records from health care providers, contacting other involved parties, and assessing damages. To view more details on what to expect during the various stages of a personal injury claim, click here.

To speak with a Biesterveld & Crook, LLC attorney about a roadway injury claim, contact our office to schedule a free consultation.