What is the statute of repose for a brain injury case?

The statute of repose for a brain injury case in Kansas is two years. This means that an individual has two years to file a claim in court seeking compensation for a brain injury. However, there are some exceptions to this rule. Some exceptions that can be used to extend the statute of repose are the discovery rule, tolling, and fraudulent concealment. The discovery rule is when the individual who suffered the brain injury was unaware of their injury or the fact that their injury was due to someone else’s negligence. The statute of limitations will be extended if the injury was unknown until it was discovered or should have been discovered. Tolling is a legal doctrine that allows for the suspension of the statute of limitations. It can be used if the injured individual was unable to file suit due to legal incapacity or minority. Finally, fraudulent concealment may also be used to extend the statute of repose. If the defendant concealed facts from the injured party, the statute of repose can be extended until the facts are discovered. In summary, the statute of repose for a brain injury case in Kansas is two years, however, there are exceptions that allow for the statute of repose to be extended. These exceptions are the discovery rule, tolling, and fraudulent concealment.

Related FAQs

How is a brain injury assessed by a doctor?
How long does a brain injury lawsuit take?
What should a person with a brain injury do to protect themselves legally?
What should I expect during a deposition in a brain injury case?
What kind of medical testimony is necessary to prove a brain injury case?
What is a “loss of earning capacity” claim?
Is there a time limit for filing a brain injury lawsuit?
What is the difference between a catastrophic and a non-catastrophic brain injury?
What is a defense to a brain injury lawsuit?
How is the extent of brain damage determined?

What is the statute of repose for a brain injury case?

Related FAQs

Related Blog Posts