Minors
Minor tolling in Kansas preserves a child's right to sue until they are legally able to do so themselves. Parents can still file on the child's behalf during minority, but they are not required to , the clock waits.
Statute of limitations · Kansas
You have 2 years to file a personal-injury lawsuit in Kansas.
The clock starts on the date of injury. The controlling statute is Kan. Stat. § 60-513. Filing one day late dismisses the case with prejudice.
What the Kansas statute of limitations actually says
Under Kansas law, a personal-injury cause of action does not exist forever. The legislature has set a fixed window , measured in years from the date of injury , within which a complaint must be filed in a Kansas court of competent jurisdiction.
Kansas applies the same 2-year limitations period to personal injury, medical malpractice, and wrongful-death claims (Kan. Stat. § 60-513). Property-damage claims run separately, with a 2-year deadline.
The statute itself, Kan. Stat. § 60-513, is the controlling authority. Interpretive decisions come from KS Sup. Ct., which has repeatedly enforced the deadline against late-filed plaintiffs.
When does the clock start in Kansas?
Kansas treats the date of injury as the trigger. Settlement negotiations, insurance adjuster calls, and pre-litigation demands do not pause the running of the statute , only proper filing in a Kansas court does.
Discovery rule
Under Kansas's discovery doctrine, if an injury is not immediately apparent, the clock can be delayed until the plaintiff discovers , or, with reasonable diligence, should have discovered , both the harm and its connection to the defendant's conduct.
What happens if you file late
If a complaint is filed after the deadline, the defendant's counsel files a Rule 12(b)(6)-equivalent motion to dismiss. The judge will grant it as a matter of law , there is no judicial discretion to forgive the lateness absent a recognized tolling exception.
Exceptions that pause or restart the clock
Mental incapacity
Kansas courts have recognized tolling for plaintiffs whose mental condition prevents them from understanding or pursuing their legal rights. The burden of proof is on the plaintiff. Temporary impairment after the accident, such as pain medication or short hospitalizations, does not qualify in most Kansas cases.
Defendant absence from state
If the at-fault party leaves Kansas after the injury, the SOL is typically tolled for the period of absence. Modern long-arm statutes and the increasing availability of service via the Kansas insurance commissioner have narrowed this rule.
Fraudulent concealment
If the defendant actively concealed the cause of action, Kansas courts can extend the SOL until the concealment is discovered or could have been discovered with reasonable diligence. Passive non-disclosure does not usually qualify.
Claims against Kansas government entities
Claims against Kansas government entities require a written notice of claim served on the appropriate official within a fixed window after the injury. The Kansas Attorney General's office or city/county attorney is typically the proper recipient.
Comparative-fault rule that applies once you file on time
Once your complaint is filed within the deadline, the case moves to the merits. Kansas jurors apply the state's comparative-fault doctrine to allocate responsibility, and that allocation drives the final award.
Kansas applies modified comparative fault (50% bar). Kansas uses modified comparative fault with 50% bar. Authority: Kan. Stat. § 60-258a.
All Kansas civil-injury deadlines at a glance
| Claim type | Deadline | Statute | Clock starts |
|---|---|---|---|
| Personal injury (negligence) | 2 years | Kan. Stat. § 60-513 | Date of injury |
| Medical malpractice | 2 years | Kan. Stat. § 60-513 | Discovery or treatment end |
| Wrongful death | 2 years | Kan. Stat. § 60-513 | Date of death |
| Property damage | 2 years | Kan. Stat. § 60-513 | Date of damage |
Kansas auto-insurance framework you will encounter
Kansas is a true no-fault state for car-accident claims. That means PIP coverage pays for medical bills regardless of fault. To sue the at-fault driver beyond PIP, you generally must clear a tort threshold of serious injury defined by Kan. Stat. § 40-3107.
Kansas requires UM coverage at a minimum of 25/50 (Kan. Stat. § 40-284). Stacking treatment: limited.
Kansas damage caps that affect what you can recover
Kansas caps non-economic damages in medical-malpractice cases at $350,000. Punitive damages are limited per statute ($5M or annual income x5). Authority: Kan. Stat. § 60-19a02.
Kansas statute-of-limitations FAQ
Does Kansas extend the SOL if the at-fault driver leaves the state?
Kansas tolls the running of the SOL while the defendant is absent from the state. The defense bears the burden of proving the dates of absence, and tolling typically does not apply to defendants who can be served via long-arm statute or through their Kansas insurer.
What if the insurance company is still negotiating when the deadline approaches?
Insurance negotiations do not toll the statute. Kansas courts have repeatedly held that an adjuster's willingness to talk settlement is not a waiver of the SOL defense. Plaintiffs' lawyers routinely file protective complaints in the final 30 days even if talks are ongoing.
Does filing a workers' compensation claim extend the personal-injury SOL?
No. A workers' compensation claim is a separate administrative remedy with its own deadlines. If a third party (not your employer) caused the injury, you must still file the civil personal-injury suit within the standard Kansas SOL.
What is "tolling" and when does it apply in Kansas?
Tolling pauses the clock. Kansas recognizes tolling for minority, mental incapacity, defendant absence, and (in narrow cases) fraudulent concealment of the cause of action by the defendant.
If I was hit by a Kansas-registered driver but the crash happened in another state, which SOL applies?
Choice-of-law principles generally apply the SOL of the state where the injury occurred (the lex loci delicti rule), but Kansas courts also look at the borrowing statute and the parties' connections. Cross-state cases benefit from early counsel.
Can the SOL be extended by a written agreement with the defendant?
Yes, in limited circumstances. Kansas permits tolling agreements between the parties that extend the deadline, but they must be in writing, signed by an authorized representative of each side, and entered before the original deadline expires.
Does sending a demand letter to the insurance company stop the clock?
No. Only proper filing of a civil complaint in a Kansas court stops the SOL. Demand letters, pre-suit mediation, and adjuster negotiations have no legal effect on the statutory deadline.
Are there different deadlines for car accidents, slip-and-falls, and dog bites in Kansas?
In most states the personal-injury SOL applies uniformly to negligence-based claims regardless of accident type. Kansas does have separate deadlines for medical-malpractice, wrongful-death, and certain intentional-tort claims, addressed on dedicated pages.
Related Kansas personal-injury topics
Statute of limitations in nearby states
Sources cited on this page
- Kansas personal-injury statute: Kan. Stat. § 60-513. Primary authority for the 2-year deadline.
- Comparative-negligence rule: Kan. Stat. § 60-258a. Establishes modified comparative fault (50% bar) in Kansas.
- Auto-insurance / financial-responsibility: Kan. Stat. § 40-3107. Minimum liability 25/50/25.
- Uninsured-motorist coverage: Kan. Stat. § 40-284.
- Damage caps: Kan. Stat. § 60-19a02.
- Court verification: Decisions of KS Sup. Ct., KS Ct. App., accessed via Cornell Legal Information Institute and the CourtListener PACER archive.
Last verified against primary sources on 2026-05-16.