Devkota Law Firm operates out of Independence, Missouri in the center of the Kansas City metro, in Jackson County. Lead attorney Tarak Alexander Devkota, Esq. has recovered millions for injury victims across Missouri and Kansas over 27 years. We take cases from Independence, Blue Springs, Lee's Summit, Raytown, Grain Valley, and the surrounding Jackson County communities.
Independence sits at the junction of I-70, I-470, and US-24. Heavy commuter traffic runs through Noland Road, 39th Street, 23rd Street, and the M-291 corridor daily. Commercial truck traffic moves through the area between Kansas City and points east. Retail centers, construction sites, manufacturing plants, and distribution warehouses throughout Independence generate workplace and premises liability claims year-round.
When you hire an Independence personal injury attorney at Devkota Law Firm, you get a local office, direct access to your attorney, and a legal team that knows the Jackson County Circuit Court, the local insurance adjusters, and the Missouri statutes that control your claim.
RSMo 516.120 Statute of Limitations. Missouri gives personal injury victims five years from the date of the accident to file a lawsuit. This applies to car crashes, truck collisions, slip and fall accidents, dog bites, and most other negligence-based claims. Five years is longer than the two-year Kansas deadline, but the clock runs regardless of whether you are still in treatment. Claims against a Missouri city, county, or state entity require written notice within 90 days far shorter than the five-year filing window.
RSMo 537.765 and Gustafson v. Benda Pure Comparative Fault. Missouri follows a pure comparative fault rule. Your damages are reduced by your percentage of fault, but you can still recover even if you are found 99% at fault. This differs from Kansas, which bars all recovery at 50% fault. The distinction matters for accidents near the state line where the accident occurred determines which state's fault rule applies. Insurance adjusters know this and will argue for the rule that costs them less.
RSMo 537.100 Wrongful Death. If a family member was killed because of another party's fault, Missouri gives surviving family members three years from the date of death to file a wrongful death lawsuit. This is two years shorter than the general personal injury deadline.
No Damages Cap. Missouri does not cap compensatory damages in personal injury cases. There is no statutory limit on what a jury can award for medical bills, lost wages, pain and suffering, or other losses arising from a negligence claim. This makes Missouri more favorable than Kansas for high-value injury cases, where the Kansas non-economic damages cap (K.S.A. 60-19a02) can limit recovery.
If your accident happened near the Missouri-Kansas state line on or near State Line Road, along I-435, or in the Grandview Triangle area where the collision occurred determines which state's laws apply. Missouri's pure comparative fault rule and five-year deadline are more favorable to injury victims than Kansas law in most cases. A personal injury attorney in Independence, MO, can confirm which state controls your claim.