Is there a time limit for filing a brain injury lawsuit?

In Kansas, there is a time limit for filing a brain injury lawsuit known as a statute of limitations. Generally speaking, the statute of limitations for filing a brain injury lawsuit is two years from the date of the injury, or from the date the injury was discovered. This is important to remember, as brain injuries may not be immediately evident or obvious to the person who suffered it. If the two-year limit has passed, a claim for a brain injury may still be possible under certain circumstances. For example, if the injured party was a minor when the incident occurred or if they were deemed mentally incompetent when the injury occurred. However, other extenuating circumstances may also be taken into consideration. In some cases, a person may be able to benefit from a discovery rule or a delayed injury rule, which allows people to file their claims beyond the statute of limitation period. In such cases, the statute of limitations will only begin to run when the person realizes that they have suffered a brain injury. It is important to note that even if an injured person is able to file their lawsuit after the statute of limitations has expired, it may still be denied due to the delayed filing. As such, it is best to seek legal advice to determine whether or not a claim should be filed within the time limit.

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