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Kansas Personal Injury Statute of Limitations

The statute of limitations for personal injury & accidents in Kansas is two (2) years (Ref: Kan. Stat. § 60-513). 

What this means is that you (or your attorney) must file a lawsuit against a defendant within two years of the date of your accident. If you do not file a lawsuit within two years, generally you forfeit any potential claim against the defendant as a matter of law - meaning there will be no opportunity for a settlement, arbitration or trial. 

Disclaimer: Although the information presented on this page is generally true there are some exceptions to this information, and the Kansas Statute of Limitations (and the exceptions) may change over time. If you or a family member was involved in an accident and considering seeking compensation for your injuries it is crucial that you speak to an Kansas personal injury lawyer to discuss your claim and potential recovery.

Variations on Time Limits for Filing a Lawsuit in Kansas

There are some variations & exceptions to the 2 years statute of limitations on personal injury cases in Kansas. Because of this, it is critical you discuss your matter with a lawyer who is highly experienced in personal injury law. 

  • You don't have an unlimited amount of time to file a claim. You'll have to bring it within the statute of limitations period for your particular case. For example, the Kansas statute of limitations is three years for oral contracts, five years for written contracts, and two years for personal injury and property damage cases. If you don't file within the proper period, you lose your right to sue. 
  • Also, the statute of limitations can stop and restart depending on various circumstances, and figuring out when it expires can be challenging. For instance, if a minor is injured, the personal injury statute won't begin running until the child reaches 18 years of age. Learn more about calculating the statute of limitations.

What if You Miss the Deadline to File a Lawsuit?

If you miss the deadline to file a lawsuit and the Kansas statute of limitations passes (barring any exceptions), the opposing party will almost surely move for case dismissal and it will likely be granted. This also means that nearly any hope of a settlement will also be forfeited because there is no leverage to potentially pursue a trial (since it would immediately be dismissed). 

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