Personal Injury Statute of Limitations in Kansas
Last verified 2026-07 · Source: Kan. Stat. Ann. § 60-513(a)(4) ✓ verified · 3 sources
The deadline
2 years
from Date injury first causes substantial injury, or when fact of injury becomes reasonably ascertainable to the injured party, under Kan. Stat. Ann. § 60-513(a)(4).
Advertisement
Under Kan. Stat. Ann. § 60-513(a)(4), you have 2 years from Date injury first causes substantial injury, or when fact of injury becomes reasonably ascertainable to the injured party to file a personal injury lawsuit in Kansas. Miss it and you lose the right to sue — but several Kansas-specific exceptions can extend (or shorten) that window, detailed below.
Kansas Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 2 years | Kan. Stat. Ann. § 60-513(a)(4) |
| Car Accident | 2 yrs | K.S.A. § 60-513(a)(4) |
| Credit Card Debt | 3 yrs | K.S.A. § 60-512(1) |
| Medical Malpractice | 2 yrs | K.S.A. 60-513(a)(7), (c) |
| Wrongful Death | 2 yrs | K.S.A. § 60-1901 |
| Dog Bite | 2 yrs | K.S.A. § 47-645 |
| Slip and Fall | 2 yrs | K.S.A. § 60-513(a)(4) |
| Defamation | 1 yr | K.S.A. § 60-514(a) |
| Breach of Contract | 5 yrs | K.S.A. 60-511(1) |
| Medical Debt | 5 yrs | K.S.A. § 60-511(1) |
When the Clock Starts
In Kansas, the limitations period for personal injury lawsuits generally begins on Date injury first causes substantial injury, or when fact of injury becomes reasonably ascertainable to the injured party. Kansas recognizes a discovery rule for this claim type: Kansas uses a 'substantial injury' discovery rule under KSA 60-513(b): the SOL does not begin until the act giving rise to the claim first causes substantial injury, or when injury becomes reasonably ascertainable; a 10-year absolute repose period applies
Advertisement
Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Notice of claim required within 26 weeks (6 months) for claims against cities under Kan. Stat. Ann. § 12-105b; claims against the state follow Kan. Stat. Ann. § 75-6103
- Damage caps: No cap on compensatory damages in general personal injury cases; medical malpractice non-economic cap of $350,000 does not apply to general PI; 10-year statute of repose caps tort claims regardless of discovery
Modified comparative fault (50% bar) under KSA 60-258a. The 2-year SOL covers slip-and-fall, premises liability, dog bite, and general negligence. KSA 60-513(b) imposes a 10-year outer repose limit.
Source: Kan. Stat. Ann. § 60-513(a)(4), official Kansas statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Kansas government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Kansas Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Kansas | 2 years | Kan. Stat. Ann. § 60-513(a)(4) |
| Nebraska | 4 yrs | Neb. Rev. Stat. § 25-207 |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Oklahoma | 2 yrs | Okla. Stat. tit. 12, § 95(A)(3) |
| Colorado | 2 yrs | C.R.S. § 13-80-102(1)(a) |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Kansas?
You have 2 years from Date injury first causes substantial injury, or when fact of injury becomes reasonably ascertainable to the injured party, under Kan. Stat. Ann. § 60-513(a)(4).
Can I still sue after 2 years in Kansas?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Kansas?
Yes. Kansas uses a 'substantial injury' discovery rule under KSA 60-513(b): the SOL does not begin until the act giving rise to the claim first causes substantial injury, or when injury becomes reasonably ascertainable; a 10-year absolute repose period applies
What if the victim was a minor?
Kansas generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Notice of claim required within 26 weeks (6 months) for claims against cities under Kan. Stat. Ann. § 12-105b; claims against the state follow Kan. Stat. Ann. § 75-6103
Advertisement
Sources
- Official KSA 60-513 – Limitations of actions: tort claims (Kansas Legislature)
- Corroborating Kansas Personal Injury Laws and Statutes of Limitations – Nolo
- Corroborating Kansas Civil Statute of Limitations Laws – FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Kansas attorney.