If you were injured in a boating accident in Kansas City, you may have the right to compensation for medical bills, lost wages, and pain. Kansas law gives you two years to act.
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Boating accidents involve overlapping state, federal, and maritime regulations. Kansas statutes govern accidents on Kansas lakes and reservoirs. Missouri law applies to incidents on Missouri waterways. Federal regulations from the U.S. Coast Guard may also apply depending on the type of vessel and the body of water. This legal complexity is why your choice of attorney matters.
Devkota Law Firm and lead attorney Tarak Alexander Devkota, Esq. have represented boating accident victims for more than 26 years. We have recovered millions of dollars for clients injured on the waterways of Kansas and Missouri. We handle every aspect of your claim from accident investigation through trial so you can focus on your recovery.
Your claim is filed in the wrong jurisdiction or under the wrong legal theory
You receive a settlement that does not cover future medical treatment
The insurance company shifts fault onto you under K.S.A. 60-258a to reduce your recovery
Critical evidence from the accident scene is lost because investigation started too late
You miss the two-year Kansas deadline under K.S.A. 60-513 and lose your right to file
Every year, boating accidents on Kansas and Missouri lakes and rivers result in serious injuries, drownings, and wrongful deaths. If another person's negligence caused your boating accident, Kansas and Missouri law allow you to pursue compensation for your losses.
Devkota Law Firm has years of experience handling these claims throughout Kansas City, North Kansas City, Independence, and Wichita. We handle cases involving medical bills, lost wages, pain and suffering, loss of enjoyment of life, and permanent disfigurement or disability. A boating accident claim is one of many practice areas we handle, and our specific experience in watercraft litigation is directly relevant to your case.
If you have been injured in a boating accident in Kansas City, KS, or the greater metro area, contact us for a free case evaluation.
K.S.A. 60-513 Statute of Limitations. This statute sets the deadline for filing a personal injury lawsuit in Kansas. Under K.S.A. 60-513(a)(4), you have two years from the date of the boating accident to file your claim. In plain terms: if you do not file a lawsuit within two years of the date you were injured, the court will dismiss your case. This deadline is enforced strictly by Kansas courts regardless of the strength of your evidence.
K.S.A. 60-258a Comparative Fault. Kansas follows a modified comparative fault rule. Under this statute, a jury compares the fault of the injured person against the fault of the defendant. Your damages are reduced by your percentage of fault. The critical threshold: if you are found 50% or more at fault, you recover nothing. Insurance companies routinely use this statute to argue that the injured boater shares blame for not wearing a life jacket, for being in a no-wake zone, or for failing to keep a proper lookout. A boating accident attorney in Kansas City can counter these arguments with evidence, witness testimony, and expert analysis.
K.S.A. 32-1177 Boating Accident Reports. Under this statute, the operator of any vessel involved in a collision, accident, or other casualty must render assistance to any person affected, provide their name and vessel identification in writing to any injured person, and file a full accident report with the Kansas Department of Wildlife and Parks when the incident results in death, injury, or property damage above the regulatory threshold. If the at-fault operator failed to comply with these duties, that failure can serve as evidence of negligence in your claim.
Pro Tip: Do not give a recorded statement to the boat owner's insurance company before speaking with an attorney. Insurance adjusters ask questions designed to shift fault onto you. A casual remark like "I probably should have been paying more attention" can be used to increase your assigned fault percentage under K.S.A. 60-258a and reduce or eliminate your compensation.
A defendant may be considered negligent for the following:
Collisions between motorboats on Kansas and Missouri lakes, including Smithville Lake, Lake Olathe, Clinton Lake, and Milford Reservoir
Operating a boat or jet ski at unreasonably high speed for conditions, traffic, or weather near Kansas City or North Kansas City waterways
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Propeller-strike injuries caused by reckless vessel operation or failure to maintain a proper lookout
Failing to carry life jackets or other required safety equipment on board in violation of Kansas boating regulations
Collisions with other boats, docks, fixed objects, or submerged hazards
Crashing into waves or wakes at an unsafe angle or excessive speed
Operating a vessel in dangerous weather conditions when a reasonable operator would have returned to shore
Causing passengers or other persons to fall overboard du13Textaddexpandmore-dots Text*paragraphheader-2header-3header-4header-5header-6bolditalicstrikeunderlinehrlinkulolquotecodetableundoredoe to reckless or negligent operation
Overcrowding or overloading a boat beyond its rated capacity, resulting in capsizing or swamping
Boating under the influence of drugs or alcohol in violation of K.S.A. 32-1131, which prohibits operating a vessel with a blood or breath alcohol concentration at or above .08%. Under Kansas and Missouri law, refusal to submit to a sobriety test can result in revocation of boating and driving privileges. If the at-fault operator was intoxicated, this is an aggravating factor that may strengthen your claim and support punitive damages.
Victims of boating and watercraft accidents may file a lawsuit to recover compensation for personal injuries if insurance claim negotiations do not result in fair payment. Aggravating factors such as evidence that the at-fault boater operated recklessly, with gross negligence, or under the influence of alcohol may increase the value of your claim.
Negligence the failure to use reasonable care is the most common legal basis for boating accident lawsuits. The operator of a vessel may be held liable for negligence if they did not operate their watercraft in a manner consistent with a reasonable standard of care. Under Kansas law, breaching that duty by disregarding common boating rules establishes the foundation for a personal injury claim.
Examples of conduct that can establish negligence in a boating accident case include traveling at an unsafe speed, crashing onto rocks or land, improperly passing another vessel, failing to provide life jackets, failing to maintain required safety equipment, and operating the vessel while intoxicated.
It is critical that your Kansas City boat accident attorney collect and preserve evidence early. This includes eyewitness testimony, police and wildlife officer reports, photographs of the vessels and accident scene, medical records, and any available GPS or onboard camera data. In boating cases, physical evidence can be lost or altered quickly. The injured party must prove that the boating accident was caused by another person's negligence, that they were injured as a result, and that the negligent party is responsible for the resulting losses.
If you have been injured in a boating accident, you may be entitled to compensation. Contact Devkota Law Firm for a free case evaluation.
Kansas gives you 2 years. Missouri gives you 5.
Both deadlines run from the date of the accident. Claims against a city, county, or state body carry notice deadlines as short as 120 days. Miss either deadline and the claim is gone regardless of how strong it was. The Kansas statute of limitations is codified at K.S.A. 60-513. Contact a boating accident attorney in Kansas City, KS, as soon as possible to protect your right to file.
Giving a recorded statement to the insurance adjuster The adjuster works for the insurance company, not for you. Anything you say in a recorded statement can be used to argue that you were partially or fully at fault under K.S.A. 60-258a, reducing or eliminating your recovery.
Delaying medical treatment after the accident If you wait days or weeks to see a doctor, the insurance company will argue your injuries were not caused by the boating accident. A gap in medical care creates doubt about the severity and cause of your condition and gives the insurer grounds to deny or reduce your claim.
Accepting the first settlement offer The first offer from an insurance company is almost always lower than the full value of your claim. It rarely accounts for future medical treatment, ongoing pain, or lost earning capacity. Once you accept and sign a release, you cannot reopen the case.
Posting about the accident on social media Photographs, check-ins, or comments about your physical activities after the accident can be taken out of context. Insurance companies and defense attorneys actively monitor social media accounts of claimants. A photo of you at a family event can be used to argue that your injuries are not as serious as you claim.
Handling the claim without an attorney Boating accident cases involve overlapping areas of law, including Kansas boating statutes, general negligence principles, and potentially federal maritime regulations. Insurance companies take advantage of unrepresented claimants who do not know the full value of their claim. A Kansas City boat accident attorney levels the playing field by documenting the full scope of your damages and negotiating from a position backed by evidence and legal authority.
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This page has been written, edited, and reviewed by a team of legal writers following our Editorial Guidelines. This page was approved by Founding Partner, Tarak Devkota, who has more than 26 years of legal experience as a personal injury attorney.
From investigating the cause of harm to communicating with opposing parties and their insurers, Tarak and his team handle every detail. You speak with your attorney directly not a call center, not a case manager relaying messages.
Kansas City cases move fast. Surveillance footage is overwritten in 7 to 30 days. Witnesses relocate. Skid marks fade. We act within days to preserve evidence and identify all responsible parties giving your case the strongest foundation.
We take every case on a contingency fee basis. No upfront costs. No hourly fees. We collect a fee only if we recover money for you. Your first consultation is free and carries no obligation.
In Missouri, RSMo 516.120 gives you five years from the date of injury. In Kansas, K.S.A. 60-513 gives you two years. These deadlines are strict. Miss them and you lose your right to compensation entirely. Claims against a government entity may require written notice within 90 to 120 days. Contact a personal injury attorney in Kansas City as soon as possible after your accident.
Nothing upfront. We work on a contingency fee basis. You pay no fees unless we recover compensation for you. Your first consultation is free.
Kansas follows a modified comparative fault rule under K.S.A. 60-258a if your fault reaches 50%, you recover nothing. Missouri follows a pure comparative fault rule your damages are reduced by your fault percentage, but you can recover at any level below
Most cases settle within 6 to 18 months. Cases involving wrongful death, multiple at-fault parties, or disputed liability may take longer. During your free consultation, we will give you a realistic timeline based on the facts of your case.
We handle car accidents, truck collisions, motorcycle crashes, pedestrian accidents, slip and fall injuries, dog bites, boating accidents, police pursuit injuries, workplace injuries, medical malpractice, and wrongful death claims across Kansas City, Kansas, and Missouri.
We're a Kansas-based law firm focused on getting results for our clients. Tell us what happened and get a free case review. We do not charge fees unless we win.
An attorney reviews every enquiry personally and calls you back .