Moundridge, KS asked in Personal Injury for Kansas

Q: Badly injured in a car accident on 2/4/16. Driver died on 2/5/14. There was no estate to file a claim against.

May 2017 an estate was formed. Can I now file a claim against the estate even though the statute of limitations is 2 years in Kansas? Accident was on 2/4/14 not 2/4/16.

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1 Lawyer Answer
David Adams
PREMIUM
David Adams
Answered
  • Olathe, KS
  • Licensed in Kansas

A: Unless you were a minor at the time it occurred, there is generally only a two year window to get a case filed (either against the individual at fault or his/her estate). Any delay beyond that is likely going to be a bar against getting any recovery. Your question mentions 2014 and 2016 as dates, so not clear on the time frame. Happy to consult further if you'd like.

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