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.

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