Kansas Personal Injury Statute of Limitations

The Statute of limitations is the deadline for filing a personal injury lawsuit in court. In Kansas, missing this deadline almost always means the claim is permanently barred — no matter how strong the evidence, how severe the injury, or how clear the defendant's fault.

The general personal injury statute of limitations in Kansas is 2 years from the date of injury. This covers negligence claims arising from car accidents, slip and falls, defective products, and other incidents causing bodily harm.

Wrongful death claims must be filed within 2 years of the date of death — not the date of the negligent act that ultimately caused death. Two years. No case filed more than 10 years after injury date.

Kansas recognizes a discovery rule — the statute of limitations may start when the injury was discovered (or should have been discovered through reasonable diligence) rather than when the negligent act occurred.

This is particularly important in cases where injuries are not immediately apparent: medical malpractice (a foreign object left during surgery), toxic exposure, or defective products that cause progressive harm.

Except as provided in subsections (c) and (d), SOL begins when the act first causes substantial injury, or, if the fact of injury is not reasonably ascertainable until later, when the fact of injury becomes reasonably ascertainable to the injured party -- but no action may be commenced more than 10 years after the act. Medical malpractice accrual follows its own statutory rule — confirm the current period with a lawyer.

A statute of repose sets an absolute outer deadline — it cannot be extended by the discovery rule, tolling, or any other exception. In Kansas, the repose period is 10 years from the date of the act or omission.

10-year outer limit from date of act for general torts; medical malpractice has a shorter 4-year repose.

Certain circumstances may pause (toll) the statute of limitations, effectively extending the filing deadline:

• Minority — if the injured person is under 18, the statute of limitations is typically tolled until they reach the age of majority. A parent or guardian can file on the minor's behalf before then.
• Mental incapacity — if the injured person is mentally incapacitated at the time of injury, the clock may not start until capacity is restored
• Defendant absence from the state — if the defendant leaves Kansas, the time away may not count toward the limitations period
• Fraudulent concealment — if the defendant actively concealed the injury or the cause of harm, the clock may be tolled until discovery

Claims against Kansas government entities have separate, shorter notice requirements that must be satisfied before a lawsuit can be filed: Written notice of claim. SOL generally follows the underlying tort SOL.

Kansas Tort Claims Act. Various governmental immunities apply (§75-6104). Liability cap of $500,000 for any number of claims arising out of a single occurrence (§75-6105(a)); the cap is raised to the purchased coverage amount where insurance or a pooling arrangement provides excess coverage (§75-6111), and does not apply to claims arising from childhood sexual abuse (§75-6105(d)).