What is the Statute of Limitations for Filing a TBI Claim in Kansas?
A traumatic brain injury (TBI) is one of the most serious injuries a person can experience. Such an injury can be devastating and have a dramatic impact on an individual’s life. Victims of traumatic brain injuries suffer physically, mentally, and financially.
A TBI is caused by an impact to the head that causes trauma to the brain’s tissue. A TBI can range from a small concussion to a severe brain injury that leaves a person in a vegetative state.
Symptoms of a TBI can be temporary or permanent and may include the following:
- Memory loss
- Headaches
- Nausea or vomiting
- Fatigue
- Blurred vision
- Difficulty concentrating
- Dizziness
- Seizures
- Anxiety
It is important to see a doctor right away if you believe you have suffered a traumatic brain injury. Prompt medical care is essential. Not only will this give you the best chance of living a normal life, but it also affords you the best chance of fair compensation. If you are a victim of a personal injury case, there are deadlines involved. You do not have an unlimited time to file a claim under state law. Here’s what you need to know.
What the Law Says
Under Kansas law, an action for injury based on negligence should be brought within two years. For traumatic brain injuries and other personal injuries you suffer due to someone else’s negligence, the statute of limitations is two years. If the conduct is intentional, like battery, the limitations period is one year. This period of time to file a claim runs from the date of the injury.
Timely action is important. If you miss the deadline, you are likely to be barred from filing a claim related to your TBI. Exceptions exist for minors, and incapacitated persons, so see a lawyer now. It also takes time to investigate and get the liability and medical facts evaluated. Witnesses die and evidence can be lost, so delay can prevent recovery.
How a Lawyer Can Help
Your lawyer will work diligently to strengthen your TBI claim by doing the following:
- Investigating the accident that caused your TBI
- Identifying all potentially liable parties
- Interviewing witnesses
- Documenting all damages that you have suffered because of the TBI
- Working with medical experts to testify on your behalf
- Managing all deadlines throughout the case
Contact Our Kansas Personal Injury Attorney
The Salina personal injury attorneys at Neustrom & Associates are here to take the insurance and liability issues off of your plate. We have the experience and resources to get the job done. To schedule a consultation, give us a call at (785) 825-1505 or contact us online.