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.

Related FAQs

What types of treatment are available for brain injuries?
What is “pain and suffering” compensation in a brain injury case?
Is there a time limit for filing a brain injury lawsuit?
What is the average amount of money awarded for a brain injury lawsuit?
What are some of the obstacles faced in a brain injury case?
What are the legal implications of a brain injury?
What if the injured party was partially at fault for the accident?
What is the difference between a plaintiff and a defendant in a brain injury lawsuit?
What is the role of a brain injury lawyer in a personal injury case?
How do I prove the pain and suffering associated with a brain injury?

Related Blog Posts

Understanding Your Rights in a Brain Injury Lawsuit - July 31, 2023
Navigating the Cost of a Brain Injury Lawsuit - August 7, 2023
The Benefits of Hiring a Brain Injury Attorney - August 14, 2023
Recognizing Signs of Brain Injury After an Accident - August 21, 2023
What You Need to Know About Brain Injury Liability Claims - August 28, 2023