Bautista LeRoy Law Firm can assist clients in understanding how the statute of limitations impacts personal injury cases. Since 1990, our legal team has provided residents in the Kansas City Metropolitan Area with personal injury representation. Specializing in car, truck, train and motorcycle accidents as well as nursing home neglect/elder cases. Over this time, we have built up an outstanding reputation within our local communities by offering results-focused services.

This article will explain the purpose of the statute of limitation laws, their potential impacts in personal injury cases and state laws regulating these deadlines.

What Are The Purposes Of The Statute Of Limitations?

The statute of limitations serves as an important deadline, setting forth when someone can bring legal action for injury or damage and seek compensation in civil courts. Its primary purpose:

• Promote Justice and Fairness: To conduct an impartial trial, witnesses and evidence must be fresh for accuracy. Over time, memories tend to fade and physical evidence can become lost.
• Provide Legal Closure: Both parties will benefit if their claims can be resolved quickly and amicably, as this ensures the litigation doesn't drag on too long.
• Prevent Stale Claims: Old personal injury claims become harder and harder to prove with time. It provides individuals and businesses protection from having to defend cases that happened years ago.

What Are The Risks Associated With Delaying Legal Action?

Your right to file a personal injury claim could be compromised if you delay in taking legal action. Once the statute of limitations for your state has passed, claims are likely to be dismissed. Below is what could occur:

• Loss of Evidence
• Weakened Case
• Dismissal of Your Claim
• Insurance Leverage
• Lost Opportunity for Early Negotiation

How Can State Laws Affect Statutes Of Limitations?

State laws on the statute of limitations differ widely. Here are a few general guidelines:

• Most states allow individuals up to 2 to 3 years from the date of an incident to file a personal injury suit. Missouri allows 5 years while Kansas offers only 2.
• Certain cases require longer or shorter deadlines. For instance, certain states provide reduced deadlines for medical malpractice lawsuits.
• Certain states offer statute of limitation extensions when an injured party was either a minor or they weren't immediately aware of an injury. For example, in toxic exposure situations or medical malpractice.

Why Hiring an Attorney for Personal Injury Is Beneficial?

Personal injury law can be complex. An experienced personal injury attorney can offer invaluable guidance as you deal with the deadlines and gather evidence against defendants.

Here's why it's necessary to hire an attorney:

• Expert Knowledge
• Maximizing Compensation
• Negotiation Skills
• Filing the Paperwork Correctly

When Should an Attorney Be Hired?

As soon as possible, hire a personal injury attorney to give them time to collect evidence and initiate legal proceedings before your statute of limitations runs out.

Your attorney can immediately begin investigating your case to ensure no evidence is lost or compromised. If you still require medical treatment, an attorney can ensure all aspects of your recovery are covered within your case.

What Are The Criteria To Find A Good Attorney?

• Expertise: Make sure that the attorney you choose has proven experience handling similar personal injury cases.
• Reputation: Read testimonials made by former clients to gain more information regarding an attorney's competence.
• Communication: Find an attorney who makes you feel at ease, answering all of your questions and discussing the details of your case.

Why Choose Bautista LeRoy LLC?

Bautista LeRoy's legal team has years of experience, dedication and personal service - we understand the significance of protecting legal rights while meeting deadlines. Our attorneys take a comprehensive approach - from collecting evidence to negotiating with insurance companies. 

Our team consists of professionals with expert knowledge in personal injury law. We make sure our clients are kept fully updated on the status of their case and supported throughout this journey.

Suggested Action Steps

• Do not put off taking action, time is of the utmost importance as per the statute of limitations.
• Schedule a consultation with a personal injury attorney so they can examine all aspects and potential solutions of your case.
• Before filing your lawsuit in any given state, always double-check its statute of limitations period.
• Gather evidence, such as photos of injuries, medical records and any additional relevant documents.

By understanding the statute of limitations and risks of waiting too long before taking legal action, you can ensure you don't forfeit compensation you rightly deserve. Hiring an attorney early could make an incredible difference to how the case turns out. Contact us today at 816-221-0382 or send us an email on our Contact Page. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.