# Estatuto de Limitaciones y Verificador de Plazos de PI | Kevin McManus Law Free Missouri & Kansas PI Tool # Personal Injury Statute of Limitations & Deadline Checker Do You Still Have Time to File Your Claim? Kansas City Overland Park Lee's Summit Independence Olathe Shawnee Answer 7 quick questions to find out how urgently you need to take legal action — and whether your rights are at risk. Missouri and Kansas law impose hard deadlines. Missing them by even one day permanently ends your case. Check My Urgency Level → [Talk to an Attorney Now](https://www.kevinmcmanuslaw.com/contact/) No data entered is stored, transmitted, or shared. 100% private. 75+ Years Combined Experience Missouri & Kansas personal injury law, trusted by KC families Evidence Disappears — Act Quickly Camera footage, black box data, and witness memory fade fast Free Case Review, No Obligation A consultation costs nothing. Waiting can cost everything. ## Your Case Deadline & Urgency Assessment Sections Completed 0 of 7 ### Tell Us About Your Situation 7 sections · Takes about 3 minutes · Results are instant 1 State & Location State Where the Accident Occurred This determines your filing deadline and which laws apply. *Your county below is used only to route you to the nearest office.* Missouri **5-year** deadline (RSMo § 516.120) **Pure comparative fault** — no recovery bar **No cap** on pain & suffering Gov't notice: **90 days** (RSMo § 537.600) Kansas **2-year** deadline — act promptly (K.S.A. § 60-513) **50% bar** — 50%+ fault = $0 recovery **No cap** on pain & suffering (cap struck down, *Hilburn v. Enerpipe*, 2019) Wrongful death: **$250K** nonpecuniary cap (K.S.A. § 60-1903) Gov't notice: **120 days** (K.S.A. § 12-105b) | Factor | Missouri | Kansas | | --- | --- | --- | | Filing deadline | 5 years (RSMo § 516.120) | 2 years (K.S.A. § 60-513) | | Wrongful death | 3 years (RSMo § 537.100) | 2 years (K.S.A. § 60-1902) | | Gov't entity notice | 90 days (RSMo § 537.600) | 120 days (K.S.A. § 12-105b) | | Comparative fault | Pure — recover even at 99% fault | 50% bar — at 50%+ you recover nothing | | Pain & suffering cap | None | None for standard PI (*Hilburn v. Enerpipe*, 2019 struck down cap); $250,000 for wrongful death nonpecuniary damages (K.S.A. § 60-1903) | | No-fault / PIP | No — full tort state | Yes — must exhaust PIP to sue for pain & suffering | Your County / Area (for nearest office routing) i Used to route you to the nearest Kevin McManus Law office — Kansas City, Overland Park, or Lee's Summit. Does not need to match the accident state. — Select your county — Jackson County (Kansas City area) Clay County Platte County Cass County Ray County Lafayette County Johnson County, MO Boone County Cole County St. Louis County Jackson County (Lee's Summit / eastern) Johnson County, KS Wyandotte County Douglas County Leavenworth County Miami County Franklin County 2 When Did the Accident Happen? Approximate date of accident i Missouri gives most injury victims 5 years to file suit (RSMo § 516.120). Kansas allows only 2 years (K.S.A. § 60-513). Missing this deadline — even by one day — permanently bars your right to recover. Exceptions exist for minors and certain latent injuries, but you should never assume an exception applies without consulting an attorney. Not sure of exact date? — I used the date picker above — It happened today / this week About 2 weeks ago About 1 month ago About 2 months ago About 3 months ago About 6 months ago About 1 year ago About 18 months ago About 2 years ago More than 2 years ago More than 5 years ago 3 Government Entity Involved? Was a government entity involved? (city vehicle, road defect, public bus, school district, etc.) i If a government vehicle, road defect, or public employee caused your injury, you must file a formal written claim notice before filing suit. Missouri requires 90-day notice (RSMo § 537.600). Kansas requires 120-day notice (K.S.A. § 12-105b). This notice deadline is separate from — and often earlier than — the statute of limitations. No Yes Unsure Has written notice been sent to the government entity? Yes Notice sent No Not yet 4 Insurance & Legal Status Has an insurance company already contacted you or made a settlement offer? i Insurance adjusters are trained to contact injured people quickly — often before they have legal representation — and to obtain recorded statements or quick settlements that protect the insurer. Do not give a recorded statement or sign any paperwork before speaking with an attorney. Yes No Do not give a recorded statement or accept any offer before speaking with an attorney. Anything you say can be used to reduce your claim. Have you signed any paperwork, release, or settlement agreement with an insurance company? i Settlement releases in Missouri and Kansas are typically final and irrevocable. Once signed, you generally cannot reopen your claim — even if your injuries turn out to be more serious than originally thought. If you have already signed something, contact an attorney immediately. Yes No Unsure A signed release may have permanently ended your claim. Contact Kevin McManus Law **immediately** at (816) 203-0143 to review whether any remedies remain available. Have you filed a lawsuit yet? No Haven't started In Progress With attorney Considering 5 Injury & Medical Treatment Injury severity — Select severity — No injury / property damage only Minor — soft tissue, whiplash, fully resolved Moderate — required medical treatment, ongoing symptoms Serious — surgery, permanent impairment, disability Catastrophic / fatality — TBI, spinal cord, amputation, wrongful death Are you still receiving medical treatment? i Gaps in medical treatment are one of the most common ways insurance companies reduce claim value — they argue that if you stopped treating, you must have recovered. Consistent treatment creates a documented record linking your injuries to the accident. Yes No Completed Has your treating doctor documented your injuries as related to this accident? i Medical causation documentation — connecting your injuries to this accident — is essential to your claim. Without it, the defense will argue your injuries were pre-existing or unrelated. If your doctor has not documented causation, discuss it at your next appointment. Yes No Not Sure 6 Evidence & Witnesses Is key evidence at risk of being lost? i Security camera footage is typically overwritten in 24–72 hours. Electronic logging device (ELD) and black box data from commercial trucks must be preserved with a legal hold letter (49 C.F.R. § 379.7). Vehicle repairs, accident scene changes, and fading witness memory also erode your case. Yes No Unsure Have you documented the scene, injuries, and property damage with photos? Yes Thoroughly Partial No Do you have witness contact information? Yes No Witnesses existed N/A No witnesses 7 Claim Complexity Was a commercial truck, bus, rideshare, or company vehicle involved? i Commercial vehicle accidents involve federal FMCSA regulations (49 C.F.R. § 390 et seq.), corporate defendants, and multiple insurance layers. Electronic logging device (ELD) data and black box data must be preserved immediately with a spoliation letter. Yes No Commercial vehicle data must be preserved immediately. An attorney can send a legal hold / spoliation letter to prevent destruction of evidence (49 C.F.R. § 379.7). Was alcohol, drugs, or distracted driving a factor? i Missouri allows punitive damages in cases involving willful, wanton, or malicious conduct (RSMo § 510.261). Kansas allows punitive damages for willful conduct (K.S.A. § 60-3702). Evidence of DUI or distracted driving should be preserved immediately. Yes No Unsure Wrongful death? (A family member was killed in the accident) i Missouri wrongful death claims must be filed within 3 years (RSMo § 537.100), and only certain statutory beneficiaries may bring the claim (RSMo § 537.080). Kansas wrongful death claims must be filed within 2 years (K.S.A. § 60-1902). These are separate claims with different rules requiring immediate legal consultation. Yes No Wrongful death claims follow different SOL rules and have specific beneficiary requirements. Consult an attorney immediately. Missouri: 3-year SOL (RSMo § 537.100) & beneficiaries (RSMo § 537.080). Kansas: 2-year SOL (K.S.A. § 60-1902); $250,000 nonpecuniary cap (K.S.A. § 60-1903). Was this injury or death caused by medical malpractice? (Hospital, doctor, or healthcare provider error) i Medical malpractice claims have different SOL rules than standard personal injury. In Missouri, the med mal SOL is **2 years** (RSMo § 516.105) — not the standard 5-year period — regardless of whether the result was injury or wrongful death. Kevin McManus Law does not handle medical malpractice cases. Yes No Unsure Your Urgency Level Fill in the form to see your urgency assessment. Key Risk Factors Identified Risk factors will appear as you fill out the form. --- ## Why Timing Matters in Missouri and Kansas Personal Injury Cases After an accident in the Kansas City metro area, time is not your ally. Evidence disappears within hours. Insurance adjusters call within days to obtain statements that can be used against you. Government notice deadlines arrive before many victims have even seen a doctor. And in Kansas — just across the state line from Missouri — the statute of limitations is half as long as many victims assume. This urgency screener is designed to help you understand exactly where you stand and what your most time-sensitive risks are. ### 1. The Statute of Limitations: Your Hard Deadline The statute of limitations (SOL) is the law's hard deadline for filing a civil lawsuit. It is not a bureaucratic formality. Miss it by even one day, and your case is over — regardless of how clear-cut the other driver's fault is or how severe your injuries are. Courts dismiss cases filed after the SOL routinely, and there is almost nothing a lawyer can do to save them. | Claim Type | Missouri Deadline | Kansas Deadline | | --- | --- | --- | | Personal injury (general) | 5 years — RSMo § 516.120 | 2 years — K.S.A. § 60-513 | | Wrongful death | 3 years — RSMo § 537.100 | 2 years — K.S.A. § 60-1902; $250K nonpecuniary cap (K.S.A. § 60-1903) | | Medical malpractice (injury or death) | 2 years — RSMo § 516.105 (we do not handle med mal) | 2 years — K.S.A. § 60-513 (same as general PI; we do not handle med mal) | | Minor plaintiff (injured child) | Tolled until age 18, then 5 years | Tolled until age 18, then 2 years | | Latent injury (discovery rule) | Clock may start at discovery | Clock may start at discovery | One of the most dangerous assumptions is that Kansas's 2-year deadline is "plenty of time." In complex cases involving ongoing medical treatment, future damages, and insurance negotiations, two years can pass faster than most victims expect — especially when they are focused on recovering from their injuries. Starting the attorney-client relationship early gives your lawyer time to investigate, preserve evidence, and build the strongest possible case. ### 2. Government Claims: The Deadline Before the Deadline If your accident involved a government entity — a city bus, a county vehicle, a road defect maintained by a public agency, or a government employee acting in their official capacity — you face an additional, earlier deadline that operates independently of the statute of limitations. Many victims are unaware of this requirement, and missing it can permanently eliminate their claim even if the SOL has years remaining. - **Missouri (RSMo § 537.600):** Written notice must be filed within **90 days** of the incident with the appropriate government entity. The notice must describe the accident, the nature of the claim, and the damages sought. Failure to comply is typically fatal to the claim. - **Kansas (K.S.A. § 12-105b):** Written notice must be filed within **120 days** of the accident. The notice requirements are specific, and defective notices — those missing required information — may not be cured after the deadline. What counts as a government entity? City buses and vehicles, county road maintenance, state highway workers, public school buses and employees, public transit authorities (KCATA), municipal utilities, and water/sewer departments, among others. When in doubt, assume the government notice requirement applies and act immediately. ### 3. Evidence Preservation: What Disappears and How Fast Some of the most important evidence in a personal injury case has a very short shelf life: - **Security camera footage:** Most commercial and traffic cameras overwrite their footage within 24–72 hours. If a store, gas station, traffic camera, or nearby business captured your accident, an attorney must send a preservation letter immediately. - **Electronic logging device (ELD) and black box data from commercial trucks:** Federal regulations (49 C.F.R. § 379.7) require trucking companies to retain certain records, but without a legal hold letter, companies often overwrite or discard this data. It contains precise speed, braking, location, and hours-of-service data that can prove liability. - **Vehicle evidence:** Damage patterns, tire marks, and vehicle components establish how an accident occurred. Once a vehicle is repaired or scrapped, this evidence is gone. - **Accident scene:** Skid marks fade. Road conditions change. Weather evidence disappears. Physical measurements and photographs taken shortly after an accident are far more reliable than those taken months later. - **Witness memory:** Eyewitnesses are valuable but their memories fade and their contact information becomes harder to obtain over time. Prompt interviews preserve testimony at its most accurate. #### Don't Let Evidence Disappear If a commercial vehicle was involved — or if you believe camera footage exists — every hour counts. An attorney can send a preservation demand immediately. [Free Case Review — Call (816) 203-0143](https://www.kevinmcmanuslaw.com/contact/) ### 4. Insurance Company Tactics and Why Early Contact Is a Risk Factor Insurance adjusters are trained professionals whose job is to minimize payouts to injured claimants. When they call you within days — sometimes hours — of an accident, they are not calling to help you. They are attempting to obtain a recorded statement, gather admissions, or secure a quick settlement before you understand the full extent of your injuries or your legal rights. Common tactics include: pressuring victims to give recorded statements they believe are routine; offering quick settlement checks that seem generous but are far below actual case value; requesting medical authorizations that are broader than needed and allow access to unrelated records; and minimizing injury severity in early communications. Missouri and Kansas law does not require you to give a recorded statement to the other driver's insurance company. You can — and should — decline until you have spoken with an attorney. Anything you say will be documented and can be used to reduce your recovery. ### 5. Special Deadlines: Wrongful Death, Minors, and Commercial Vehicles **Wrongful death** claims are governed by separate statutes and require specific beneficiaries to bring the suit. In Missouri, only the spouse, children, parents, or siblings of the deceased — in a specific order of priority — may bring a wrongful death claim (RSMo § 537.080), and the claim must be filed within 3 years (RSMo § 537.100). In Kansas, eligible survivors must file within 2 years of the death (K.S.A. § 60-1902). These are separate claims from any survival claims and require immediate legal consultation. **Claims involving minors** are tolled in both Missouri and Kansas — the statute of limitations does not begin running until the minor turns 18. However, parents may still have independent claims that are subject to normal SOL rules, and preserving evidence is just as urgent regardless of when the clock starts. **[Commercial vehicle cases](https://www.kevinmcmanuslaw.com/kansas-city-mo/truck-accident-lawyer/)** involving trucking companies, [rideshare platforms](https://www.kevinmcmanuslaw.com/es/kansas-city-mo/abogado-de-accidentes-de-auto/compartir-viajes-uber-lyft/), or corporate vehicle fleets require rapid action for evidence preservation. Under 49 C.F.R. § 390 et seq., commercial carriers have specific record-retention obligations, but a legal hold letter must be sent promptly to prevent routine destruction of critical data. ### 6. How to Use the Urgency Screener The screener above walks through 7 sections: your state and location (which determines your SOL), the date of your accident (which calculates your remaining time), whether a government entity was involved, your insurance and legal status, your injury and treatment, your evidence situation, and the complexity of your claim. Each answer adds to an urgency score, and the results panel displays your tier (Low / Moderate / High / Immediate Action Required), the specific risk factors driving that score, a SOL countdown, and the nearest Kevin McManus Law office for your county. ### 7. What to Do After the Assessment If your score is **Immediate Action Required**: Call Kevin McManus Law now at (816) 203-0143. Do not sign anything. Do not give any statements. Do not allow vehicles to be repaired or scrapped. Do not communicate with any insurance company without an attorney. If your score is **High Urgency**: Contact an attorney this week — ideally in the next 24–48 hours. Gather your accident documentation, preserve any remaining evidence, and avoid any communication with insurance companies. If your score is **Moderate Urgency**: Schedule a free consultation within the next few weeks. Begin gathering medical records, bills, and income documentation. Do not make any decisions about settling until you have spoken with a lawyer. If your score is **Low Urgency**: Your situation appears relatively stable, but time is always passing. A free consultation costs nothing and can identify risks you may not have considered. Evidence never becomes easier to gather over time. ### 8. Frequently Asked Questions Is it too late to file if the insurance company already made me an offer? + Receiving an offer does not end your right to file a lawsuit — as long as you have not signed a release or settlement agreement. An offer is simply a number on paper; you are free to reject it, negotiate, or consult an attorney without losing your rights. The statute of limitations continues to run regardless of whether negotiations are ongoing. If you have already *signed* a settlement release, the situation is more complicated — contact an attorney immediately to review whether any remedies exist, such as challenging the release on grounds of duress, misrepresentation, or inadequate consideration. What if I'm not sure of the exact accident date? + Use your best estimate and be conservative — assume the earlier date when uncertain. You can find the accident date on the police report, medical records from your first treatment, text messages to family after the accident, or photos stored on your phone. If you genuinely cannot determine a date, the "approximate timeframe" option in the screener will apply a conservative estimate. An attorney can help you establish the precise date through records and confirm how much time you have remaining. Does filing a claim with insurance stop the SOL clock? + No — and this is one of the most dangerous misconceptions in personal injury law. Filing a claim with an insurance company — even your own — does *not* toll or pause the statute of limitations. The legal deadline runs from the date of the accident, independent of any insurance activity. Many victims lose their right to sue because they were in good-faith settlement talks that broke down near the deadline. The only way to stop the SOL clock is to file a lawsuit in court before the deadline expires. My injury was minor at first but got worse — does the SOL still apply? + Generally yes — the statute of limitations typically runs from the date of the accident, not from when your injuries worsened. The "discovery rule" provides a limited exception for injuries that were not reasonably discoverable at the time of the accident (for example, an internal condition that was undetectable without specialist testing). However, soft tissue injuries that seemed minor initially but developed into chronic pain are typically not protected by the discovery rule, as the accident and some injury were known from the start. Do not assume the discovery rule applies to your situation without consulting an attorney. I was in a car accident with a city bus. Is my claim different? + Yes, significantly. A city bus is a government-owned vehicle operated by a public transit authority. In Missouri, you must file written notice with the government entity within 90 days of the accident (RSMo § 537.600). In Kansas, the notice must be filed within 120 days (K.S.A. § 12-105b). Missing this notice deadline — which is separate from and earlier than the regular statute of limitations — typically bars your claim entirely. Additionally, government defendants have different immunity rules, damage caps in some circumstances, and different litigation procedures. An attorney experienced in government claims is essential for these cases. How quickly does evidence from a commercial truck accident disappear? + Very quickly, and that's not an accident. Electronic logging device (ELD) data records the truck's speed, location, braking, and hours of service — but trucking companies routinely overwrite this data after 6–12 months or sooner during maintenance cycles. Black box / event data recorder (EDR) data is similarly vulnerable. A legal hold letter — formally called a spoliation notice — sent to the carrier, driver, and any owner-operators immediately after the accident puts them on legal notice to preserve all records. Failing to preserve evidence after receiving such a notice can constitute spoliation of evidence, which courts can penalize. Contact an attorney immediately if a commercial vehicle was involved in your accident. ### Legal Sources & Official Citations Missouri Revised Statutes - [RSMo § 516.120](https://revisor.mo.gov/main/OneSection.aspx?section=516.120) — 5-year personal injury SOL - [RSMo § 516.105](https://revisor.mo.gov/main/OneSection.aspx?section=516.105) — 2-year medical malpractice SOL (injury or death) - [RSMo § 537.765](https://revisor.mo.gov/main/OneSection.aspx?section=537.765) — Pure comparative fault - [RSMo § 537.600](https://revisor.mo.gov/main/OneSection.aspx?section=537.600) — Government tort claims notice (90 days) - [RSMo § 537.100](https://revisor.mo.gov/main/OneSection.aspx?section=537.100) — Wrongful death SOL (3 years) - [RSMo § 537.080](https://revisor.mo.gov/main/OneSection.aspx?section=537.080) — Wrongful death beneficiaries - [RSMo § 379.203](https://revisor.mo.gov/main/OneSection.aspx?section=379.203) — UIM coverage requirement - [RSMo § 303.025](https://revisor.mo.gov/main/OneSection.aspx?section=303.025) — Minimum auto liability coverage - [RSMo § 273.036](https://revisor.mo.gov/main/OneSection.aspx?section=273.036) — Strict liability dog bites - [RSMo § 510.261](https://revisor.mo.gov/main/OneSection.aspx?section=510.261) — Punitive damages Kansas Statutes Annotated - [K.S.A. § 60-513](https://www.kslegislature.org/li/b2023_24/statute/060_000_0000_chapter/060_005_0000_article/060_005_0513_section/060_005_0513_k/) — 2-year personal injury SOL - [K.S.A. § 60-258a](https://www.kslegislature.org/li/b2023_24/statute/060_000_0000_chapter/060_002_0000_article/060_002_0258a_section/060_002_0258a_k/) — Modified comparative fault (50% bar) - [K.S.A. § 60-19a02](https://www.kslegislature.org/li/b2023_24/statute/060_000_0000_chapter/060_001_0000_article/060_001_9a02_section/060_001_9a02_k/) — Former noneconomic cap (struck down, *Hilburn v. Enerpipe*, 2019) - K.S.A. § 60-1903 — Wrongful death nonpecuniary cap ($250,000; still in force) - [K.S.A. § 40-3107](https://www.kslegislature.org/li/b2023_24/statute/040_000_0000_chapter/040_031_0000_article/040_031_0107_section/040_031_0107_k/) — PIP no-fault threshold - [K.S.A. § 40-284](https://www.kslegislature.org/li/b2023_24/statute/040_000_0000_chapter/040_002_0000_article/040_002_0284_section/040_002_0284_k/) — UIM coverage requirement - [K.S.A. § 12-105b](https://www.kslegislature.org/li/b2023_24/statute/012_000_0000_chapter/012_001_0000_article/012_001_0105b_section/012_001_0105b_k/) — Government claims notice (120 days) - [K.S.A. § 60-1902](https://www.kslegislature.org/li/b2023_24/statute/060_000_0000_chapter/060_019_0000_article/060_019_1902_section/060_019_1902_k/) — Wrongful death SOL (2 years) Federal Regulations - [49 C.F.R. § 390](https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-390) — FMCSA commercial vehicle regulations - [49 C.F.R. § 379.7](https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-379/section-379.7) — Commercial vehicle records retention **DISCLAIMER:** This tool is educational and informational only. It does not constitute legal advice and does not create an attorney-client relationship. Urgency assessments are based on your self-reported answers and general legal principles — they do not substitute for individualized legal analysis of your specific facts. Laws in Missouri and Kansas change; consult a licensed attorney for advice specific to your situation. No data entered into this tool is stored, transmitted, or shared. The choice of a lawyer is an important decision and should not be based solely on advertisements. Past results afford no guarantee of future results. © Kevin McManus Law Injury & Disability Attorneys | [kevinmcmanuslaw.com](https://www.kevinmcmanuslaw.com) | (816) 203-0143 Kevin McManus Law — Urgency Assessment Summary kevinmcmanuslaw.com | (816) 203-0143 | Generated This document is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created. Urgency assessments are based on self-reported answers and general legal principles. No data entered was stored or transmitted. **Kevin McManus Law does not handle medical malpractice cases.** Please contact a medical malpractice attorney as soon as possible to protect your rights. ${solNote} --- Source: https://www.kevinmcmanuslaw.com/es/pi-verificador-de-plazo-de-prescripcion/