How long after a car accident can I sue?
A car accident can be a traumatic event, especially if a serious injury occurs because of it. The first priority of anyone involved in a car accident should be to get the care that they need as soon as possible. But, if the accident was not their fault, they should also consider filing a lawsuit since any damages they receive will help to pay for their medical care, repairs, and other accident-related expenses.
If you have been in a car accident in Kansas and are considering a lawsuit, then you have a limited amount of time to do so. When you do decide to sue, you should contact Kansas City attorney Edward A. Stump since he will give you the best chance of receiving the settlement you deserve.
What Is The Statute of Limitations of a Car Accident in Kansas?
The statute of limitations is the time limit that a person has to file a lawsuit after an accident has happened. In Kansas, the statute of limitations for a car accident is the same as it is for any personal injury case, which is two years. The time limit starts right after the accident occurs, which should give the plaintiff time to recover from any injuries.
It also gives their lawyer time to prepare the case before presenting it to the court. The same time limit applies to cases where property was destroyed or damaged in an accident; the plaintiff needs to get their lawsuit filed against the defendant within a two year period that starts from the date of the accident.
What If Someone Died In The Car Accident?
The same two-year statute of limitations applies, but in this case, the time limit starts after the accident victim dies. In that case, the person filing a lawsuit on their behalf will need to bring a wrongful death claim to the person responsible for the accident. Sometimes the accident victim can die well after the accident happened, in which case your attorney will need to prove that the victim died as a result of the accident.
What Happens If You File a Lawsuit After the Statute of Limitations Has Passed?
If the two-year deadline has passed after the accident, or the death resulting from the car accident, then the defendant or their lawyer will ask the court to dismiss the case. The court will agree to do so and the plaintiff will be left without any legal recourse. That is why it is important that a lawsuit is filed as soon as possible following a car accident.
Should I File a Lawsuit After a Car Accident?
Generally, it depends on the severity of the accident. If the accident caused a serious injury, then a lawsuit is a good idea even if you have insurance that will take care of it. If there is not an injury, but your vehicle was damaged, then you may not need to file a lawsuit if you have car insurance. However, you may want to prepare a lawsuit anyway since it can provide leverage during the car insurance settlement process.
Contact an Accident Attorney After a Car Accident
In the aftermath of a car accident, your first priority should be to have any injuries taken care of. Your next priority should be to file a lawsuit against the person responsible for the accident. Just remember that you have two years following the date of the accident to file that lawsuit if you don’t want your case to get dismissed. And you should definitely contact an experienced and diligent accident attorney if you want to have the best chance of winning that lawsuit.