When someone is injured due to another party’s negligence, taking legal action may not be the first thing on their mind. Medical treatment, recovery, and supporting family members often take priority. However, it’s critical to understand that personal injury and wrongful death claims are subject to strict legal deadlines known as statutes of limitations. Missing these deadlines can permanently bar you from seeking compensation—no matter how strong your case may be.
Below is an overview of the statutes of limitation for personal injury and wrongful death claims in both Kansas and Missouri.
What is a Statute of Limitations?
A statute of limitations is a law that sets the maximum amount of time a person has to file a lawsuit after an injury or death occurs. These deadlines exist to ensure cases are brought while evidence is still available and memories are fresh.
Kansas Statute of Limitations
Kansas Personal Injury Claims
In Kansas, most personal injury claims, including car accidents, motorcycle wrecks, truck accidents, slip and falls, and other negligence cases, must be filed within:
Two (2) years from the date of the injury.
This two-year deadline applies to the majority of injury claims arising from accidents and unsafe conditions.
Kansas Wrongful Death Claims
Kansas law also imposes a:
Two (2) year statute of limitations for wrongful death claims.
The clock typically begins to run on the date of death, not the date of the accident. In wrongful death cases, eligible family members may seek compensation for funeral expenses, loss of companionship, loss of financial support, and other damages.
Missouri Statute of Limitations
Missouri Personal Injury Claims
Missouri allows more time than Kansas to bring most personal injury lawsuits. Under Missouri law, injured individuals generally have:
Five (5) years from the date of injury to file a personal injury lawsuit.
This applies to car accidents, motorcycle collisions, premises liability cases, product liability, and many other negligence-based claims.
Missouri Wrongful Death Claims
Missouri’s statute of limitations for wrongful death claims is shorter. In most cases, surviving family members must file a wrongful death lawsuit within:
Three (3) years from the date of death.
Missouri law also sets specific rules about who may file the claim and in what order of priority, making it especially important to consult an attorney as soon as possible.
NOTE: Missouri Medical Malpractice claims, whether resulting in a personal injury or a wrongful death case, have a two (2) year statute of limitations.
Important Exceptions and Special Circumstances
While these deadlines apply to most cases, there are exceptions that may shorten or extend the statute of limitations, including:
- Claims involving minors
- Injuries that are not immediately discovered
- Cases involving government entities
- Medical malpractice claims
- Fraud or intentional concealment of wrongdoing
Determining which deadline applies can be complicated, especially when an accident occurs near the Kansas–Missouri border or involves parties from different states.
Why Acting Quickly Matters
Even if it seems like you have plenty of time, waiting to speak with an attorney can harm your case. Evidence can be lost, witnesses’ memories fade, and insurance companies may take advantage of delays. An experienced personal injury attorney can:
- Determine the correct statute of limitations
- Preserve evidence
- Handle insurance negotiations
- Ensure your claim is filed on time
Talk to a Kansas or Missouri Personal Injury Attorney Today
If you or a loved one has been injured, or if you’ve lost a family member due to someone else’s negligence, don’t wait until it’s too late. Understanding the statute of limitations is critical to protecting your rights.
An experienced Kansas City personal injury attorney can evaluate your case, explain the applicable deadlines under Kansas or Missouri law, and help you pursue the compensation you deserve.
