Kansas Statute of Limitations for Personal Injury

By Pyle Law, Reviewed by E. THomas Pyle February 23 2024 6:21 pm
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Kansas Statute of Limitations for Personal Injury

By Pyle Law, Reviewed by E. THomas Pyle February 23 2024 6:21 pm
Kansas Statute of Limitations for Personal Injury

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 two years. This means that when an accident happens, Kansas residents have up to two 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 two years:

  • Negligence: personal injury claims against negligence have a statute of limitation of two 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 two years of the incident.
  • Medical malpractice: Professional negligence by a physician that causes an injury to the patient has a statute of limitations of two years.
  • Product liability: You can file a lawsuit against a trader or a manufacturer that sells or produces a faulty product within two 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).

 

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 two 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.

 

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.

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E. THOMAS PYLE

Pyle Law was founded in 1999 with a commitment to fewer clients and better service. We believe that each and every client is important and everyone is entitled to justice and equal protection under our laws. We make every case a priority and are committed to keeping each client informed about the status of their case. We do not guarantee results, but we do guarantee effort.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney E. Thomas Pyle who has more than 20 years of legal experience as a practicing personal injury trial attorney.