Deadlines to File an Injury Lawsuit in Kansas
How long you have to sue in Kansas for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: A lawsuit for injury to the rights of another not arising from a contract (which includes personal injury) must be filed within two years. Kan. Stat. Ann. § 60-513(a)(4), (b)
| Deadline to sue for an injury | A lawsuit for injury to the rights of another not arising from a contract (which includes personal injury) must be filed within two years. The time generally starts when the act first causes substantial injury, or when the injury becomes reasonably ascertainable if that is later, but no lawsuit may be filed more than 10 years after the act that caused it. |
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| Deadline to sue for property damage | A lawsuit for taking, detaining or injuring personal property, or for trespass on real property, must be filed within two years, subject to the same accrual rule and 10-year outer limit. |
| Medical malpractice deadline | A claim arising from a health care provider's professional services must be filed within two years. The claim accrues at the time of the act, unless the injury is not reasonably ascertainable until later, in which case the two years starts when it becomes reasonably ascertainable; but no action may be filed more than four years after the act. |
| Wrongful death deadline | A wrongful death lawsuit must be filed within two years. Source: Kan. Stat. Ann. § 60-513(a)(5) |
| Suing the government | Before suing a city, county or other municipality (or its employee) under the Kansas Tort Claims Act, the claimant must file a written notice with the municipality's clerk or governing body describing the facts, the injury and the amount of damages requested. No lawsuit may be started until the claim is denied or 120 days pass. Liability under the Act is capped at $500,000 for all claims from a single occurrence, and punitive damages and pre-judgment interest are not allowed. The official annotations note that the notice requirement applies to suits against municipalities, not to suits against municipal employees individually. |
More Kansas personal injury & wrongful death
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FAQ
What is the statute of limitations for personal injury in Kansas?
A lawsuit for injury to the rights of another not arising from a contract (which includes personal injury) must be filed within two years. The time generally starts when the act first causes substantial injury, or when the injury becomes reasonably ascertainable if that is later, but no lawsuit may be filed more than 10 years after the act that caused it.
How long do you have to sue for property damage in Kansas?
A lawsuit for taking, detaining or injuring personal property, or for trespass on real property, must be filed within two years, subject to the same accrual rule and 10-year outer limit.
What is the statute of limitations for medical malpractice in Kansas?
A claim arising from a health care provider's professional services must be filed within two years. The claim accrues at the time of the act, unless the injury is not reasonably ascertainable until later, in which case the two years starts when it becomes reasonably ascertainable; but no action may be filed more than four years after the act.
How long do you have to file a wrongful death lawsuit in Kansas?
A wrongful death lawsuit must be filed within two years.
How do you file an injury claim against the government in Kansas?
Before suing a city, county or other municipality (or its employee) under the Kansas Tort Claims Act, the claimant must file a written notice with the municipality's clerk or governing body describing the facts, the injury and the amount of damages requested. No lawsuit may be started until the claim is denied or 120 days pass. Liability under the Act is capped at $500,000 for all claims from a single occurrence, and punitive damages and pre-judgment interest are not allowed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.