Statutes of Limitations for Child Injury Cases in Missouri & Kansas
All personal injury claims are governed by certain deadlines known as "statutes of limitations." If you fail to file a lawsuit before the deadline set in the applicable statute of limitations, your claim and right to recover compensation for your injuries will be barred.
This means that you will have no right to recover money for your injuries. If you bring a case after the statute of limitations, court will almost always dismiss your case before it is even heard.
For this reason, it is very important that you know what statutes of limitations apply to your case and that you take prompt action to preserve your rights well before the deadline. If you have questions about the statute of limitations that apply to your child's injury claim (or any personal injury claim) in Kansas or Missouri, call our Kansas City child injury lawyer at 816-203-0143 for a free consultation.
Child Injury Cases Are Treated Differently
In Kansas and Missouri, the statutes of limitation that apply to child injury claims are different than those for adult injury claims. In Missouri, a person under 18 years of age is considered a minor. (RSMo 507.115). If a minor has an injury claim to assert, the statute of limitations on the claim does not begin to run until the minor turns 21 years old (RSMo 516.105).
In most cases, Missouri law provides 5 years to file a personal injury claim. However, there are exceptions to this rule. For example, in cases involving medical malpractice, the statute of limitations is 2 years. As a result, children with a medical malpractice claim must file their claim by their 20th birthday to avoid the passing of the statute of limitations.
In Kansas, the statutes of limitation rules are different than Missouri. Child injury claims must be filed no later than one year after a child's 18th birthday. However, this rule is further limited such that a child never has more than eight years after the date of the injury to file a claim. As a result, in Kansas, the eight-year rule will apply to most cases involving young children.
Don't Delay - Contact our Kansas City Child Injury Lawyer
Given the complexities of calculating statutes of limitations and the differences in state law, it is recommended that you consult with an experienced personal injury attorney in Kansas or Missouri to determine which statute of limitations applies to your child's case. By investigating your legal options after a child injury claim promptly, you and your attorney can take action to preserve any evidence that supports your child's case, including gathering the necessary records, photographs and witness statements to prove the case at trial.
If your child has been injured in an accident in Kansas City or anywhere in Kansas or Missouri, contact our experienced Kansas City child injury attorney as soon as possible. Our legal team is ready to listen to your story and offer guidance as to how to preserve your child's rights to recovery. Please contact us today for free, no obligation consultation at 816-203-0143.