Five years seems generous—you may be curious why someone would wait five years to file a lawsuit. Sometimes, injured victims take that long to reach maximum medical improvement. This is a key point, as it’s challenging to effectively determine the value of your economic and non-economic damages if you’re not sure of how they’ll impact your life over the long haul.
If you miss a few weeks of work and return to normal activity without any long-term disabilities, determining potential compensation in a settlement is fairly straightforward. However, if you sustained injuries requiring long-term recovery, the calculations aren’t as simple. You may need additional surgeries or therapy in the future. When facing serious, life-changing medical conditions such as amputations or brain injuries, you may require medical assistance for years to come.
The timeframe for the statute of limitations works in your best interest. Waiting to file beyond it prevents injured accident victims from recouping the damages they deserve.
Exceptions to Missouri’s Statute of Limitations
There are certain circumstances that can lead someone to file a lawsuit in Missouri after the deadline has passed. The Missouri car accident lawyers at Fowler Pickert Eisenmenger Norfleet can help you understand whether your claim qualifies for an exception. Here are two of the main reasons.
Minors and Mentally Incapacitated Individuals
If the injured party is under the age of 21 or has been deemed mentally incapacitated, Missouri law extends the statute of limitations for filing a personal injury claim. Specifically, these individuals are granted a period of 5 years to initiate legal action, starting either after they turn 21 years old or upon being declared mentally competent. This provision acknowledges the unique circumstances faced by minors and individuals lacking mental capacity, allowing them adequate time to pursue rightful compensation for their injuries.
Government Agencies and Employees
Missouri imposes specific requirements and deadlines in cases involving personal injury claims against government agencies or their employees. Claimants must file their claims with the Office of Administration's Risk Management Division within a strict time frame. Typically, this window spans 90 days from the injury's discovery date. Following this requirement is essential for preserving your right to seek damages from governmental entities or their employees.
Importance of Swift Legal Action
Acting quickly after a car accident can make a big difference in the outcome of your case. After seeking medical attention, calling a Kansas City car accident lawyer is a priority. Here are some essential reasons why abiding by the statute of limitations time frame is in the best interest of your claim.
Preserving Evidence
Time is of the essence when it comes to gathering evidence to support your claim. Evidence such as witness statements, photos of the accident scene, and medical records can deteriorate or become unavailable over time. By taking prompt action, you increase the likelihood of preserving vital evidence that can strengthen your case.
Protecting Your Rights
Initiating legal proceedings promptly helps safeguard your legal rights. Waiting too long to take action risks waiving your right to seek compensation altogether. By filing your claim within the statute of limitations, you maintain your ability to pursue damages for your injuries and losses.
Minimizing Stress and Uncertainty
Dealing with the aftermath of a car accident can be incredibly stressful. Working with an experienced Missouri personal injury attorney helps alleviate some of this stress by providing a clear path forward and allowing you to focus on your recovery.
Preventing Delay Tactics
Filing your claim promptly sends a message to the opposing party that you are serious about seeking compensation. It reduces the opportunity for them to employ delay tactics or dispute the validity of your claim based on timing.
How Our Kansas City Car Accident Lawyers Can Help
Navigating Missouri’s legal complexities can be a real challenge for accident victims. That’s where a Kansas City car accident lawyer comes into play. Allow Fowler Pickert Eisenmenger Norfleet to assess your situation, determine liability, and advocate for fair compensation on your behalf. We can handle communication with insurance companies, gather important evidence, and negotiate settlements to ensure maximum recovery for medical bills, lost wages, and pain and suffering.
We offer guidance and support throughout every step of the legal proceedings, allowing you to focus on your recovery while pursuing justice in a timely manner. With the statute of limitations clock ticking, it’s important to act quickly.
