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.

Related Topics:
1 Lawyer Answer
David Adams
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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.