Kansas Statute of Limitations for Personal Injury

Kansas Statute of Limitations for Personal Injury

By Pyle Law, Reviewed by E. Thomas Pyle February 29 2024 2:37 pm

Kansas has time limits for filing lawsuits and other criminal/civil actions under its statute of limitations laws. The law imposes time limitations to create a fair system for all involved parties and allows the plaintiff and defendant to plan and prepare accordingly.

Statutes of limitations for personal injury claims are particularly important because if you miss this deadline, you forgo your right to seek compensation for your injuries. Never risk missing this deadline. Seek a free consultation with a Kansas personal injury lawyer right away. 

What is the Personal Injury Statute of Limitations in Kansas?

The statute of limitations for filing claims against personal injury in Kansas is 2 years. This means that when an accident happens, Kansas residents have up to 2 years to file a lawsuit from the date of the injury. The court will likely dismiss your case and deny you the personal injury claim if you miss the deadline.

Sometimes, the period might extend longer, depending on:

• The age of the involved party
• The type of claim
• Nature of the party you’re trying to hold liable for the damage

What’s the Period for Statute of Limitation for Various Personal Injuries

Nearly all personal injury claims in Kansas have a statute limitation period of 2 years:

• Negligence: personal injury claims against negligence have a statute of limitation of 2 years from the date of injury. Such claims include slip and fall injuries, car accidents, and premise liability claims.
• Wrongful death: If an accident results in a casualty, the deceased family can claim compensation for a wrongful death within 2 years of the incident.
• Medical malpractice: Professional negligence by a physician that causes an injury to the patient has a statute of limitations of 2 years.
• Product liability: You can file a lawsuit against a trader or a manufacturer that sells or produces a faulty product within 2 years.

If you’re under 18 years old, Kansas law might extend the period of the statute of limitations to one year after your 18th birthday (but not more than eight years after the accident that caused your injury). Get more details about how the Statute of Limitations of Personal Injury in NJ works if you need it too. 

Deadline Extensions & Exceptions to The Kansas Statute of Limitations

The statute of limitations law is strict, and often there isn’t a way around it. The injured person must formally file the lawsuit in the Kansas civil courts within 2 years. However, there is an exception of delayed discovery.

What’s “Delayed Discovery”?

“Delay discovery” can suspend statutes of limitations if the victim did not discover or could not reasonably discover the injuries that would trigger the action against the defendant. Typically, the delayed discovery rule applies in medical malpractice claims. 

However, the plaintiff must prove the reason for delayed discovery. The court can waive the claim if the defendant doesn’t plead the statute of limitations rule. 

Can the Lawsuit Filing Deadline Be Extended?

Sometimes, you might need more time to file a lawsuit beyond the statute of limitations. In some cases, this deadline can be extended. 

What do you need to know? 

• Usually, the clock starts ticking from the day you got hurt.
• In some cases, it might start from when you discovered your injury.

Are there situations where you might get more time?

• If you were a minor when you got hurt, the deadline might not start until you turn 18.
• If the person who hurt you left the state, the clock might pause until they return.
• If you were mentally unable to file a lawsuit, you might get extra time.

Remember, qualifying for an exception is not guaranteed. It’s always best to file your lawsuit as soon as you can.

How to File a Kansas Personal Injury Lawsuit?

If you’ve been hurt in Kansas and want to file a lawsuit, here are some steps you and your attorney will need to take:

• Talk to a lawyer as they can help you understand your rights and guide you through the process.
• Gather evidence by collecting medical records, photos of your injuries, and any other proof of what happened.
• File a complaint. This is a document that explains what happened and why you’re suing.
• Pay the filing fee. There’s usually a cost to file a lawsuit. If you can’t afford it, you might be able to get it waived.
• Serve the defendant. The person you’re suing needs to be officially notified about the lawsuit.
• Wait for a response. The defendant has a certain amount of time to respond to your complaint.

After this, there will be more steps, like gathering more evidence, negotiating, and maybe going to trial. Your lawyer can help you with everything in the process.

How Long Do Personal Injury Lawsuits Typically Last?

Personal injury lawsuits can vary in length. Simple cases might settle in a few months, while complex ones can take a year or more. If a case goes to trial, it could stretch to several years. Factors that can extend the timeline include serious injuries needing time to heal, disputes over fault, extensive evidence to review, and crowded court schedules. 

While it’s natural to want a quick resolution, remember that a longer process sometimes leads to a better outcome. The key is to be patient and focused on getting the best possible result for your case.

Additional Considerations for the Statute of Limitations

The statute of limitations is really important in personal injury cases. Here are some extra things to think about:

• Different injuries have different deadlines: In Kansas, you usually have 2 years for personal injury cases, but it can be different for other types of cases.
• Government cases are different: If you’re suing the government, you might have a much shorter deadline.
• Don’t wait until the last minute: Even if you have 2 years, it’s best to start early. Gathering evidence and preparing your case takes time.
• The discovery rule: Sometimes, you might not know you’re hurt right away. In these cases, the deadline might start from when you discovered (or should have discovered) your injury.
• Minors get special treatment: If you were under 18 when you got hurt, the clock usually doesn’t start until your 18th birthday.
• Be careful with insurance companies: Talking to insurance companies doesn’t extend your deadline. Even if you’re negotiating with them, you still need to file your lawsuit on time.
• Out-of-state defendants: If the person who hurt you lives in another state, it might affect your deadline.
• Multiple defendants: If more than one person or company is responsible for your injury, it could complicate things.

Remember, missing the deadline can mean losing your right to sue, no matter how strong your case is. That’s why it’s so important to talk to a lawyer as soon as possible after you’re hurt.

Discover Your Options From a Kansas Injury Attorney

Consult a personal injury lawyer immediately so you never risk missing the statute of limitations. At Pyle Law, we will protect you against insurance companies and seek the compensation you deserve.

Contact us online or call us at 620-241-9000 for a free consultation about your legal options.

 

Related links that can help your personal injury case in Kansas:

• What Kinds of Cases Do Personal Injury Lawyers Handle?
• Assumption of Risk as a Defense to Injury Claims
• How to File a Malpractice Lawsuit?  
• What is the Most Common Injury Caused by Unsafe Machinery?
• Which body part has the highest value in a workers compensation claim?
• Injuries from Moped Accidents
• Can You Sue an Estate for Pain and Suffering?
• What Does Negligence Mean in Tort Legal Cases?
• Can Illegal Immigrants Sue for Personal Injury?