Wrongful Death Statute of Limitations in Kansas
Last verified 2026-07 · Source: K.S.A. § 60-1901 ✓ verified · 3 sources
The deadline
2 years
from Date of death, under K.S.A. § 60-1901.
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The deadline to file a wrongful death lawsuit in Kansas is 2 years, set by K.S.A. § 60-1901. It starts running on Date of death. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Kansas Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 2 years | K.S.A. § 60-1901 |
| 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) |
| Personal Injury | 2 yrs | Kan. Stat. Ann. § 60-513(a)(4) |
| 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 wrongful death claims generally begins on Date of death. Kansas does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- 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: Written notice required to municipality clerk or governing body before filing suit against municipality (K.S.A. § 12-105b). Must include facts of claim, date/time/place of injury, names of employees involved, injury details, and damages sought. Government has 120 days to respond; deemed denied if no response. No advance notice required for claims against the State of Kansas.
- Damage caps: $250,000 cap on aggregate nonpecuniary damages in wrongful death (K.S.A. § 60-1903). No cap on pecuniary damages. The personal injury noneconomic cap (K.S.A. § 60-19a02) explicitly does NOT apply to wrongful death.
SOL also cited as K.S.A. § 60-513(a)(5). Filed by heirs at law (spouse, children, parents, siblings). Verdict must itemize nonpecuniary, care expenses, and pecuniary damages separately. Jury not informed of damage cap; judge reduces award post-verdict if exceeding cap. No wrongful life/birth claims (K.S.A. § 60-1906).
Source: K.S.A. § 60-1901, 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 | K.S.A. § 60-1901 |
| Nebraska | 2 yrs | Neb. Rev. Stat. § 30-810 |
| Missouri | 3 yrs | Mo. Rev. Stat. § 537.080; § 537.090; § 537.100 |
| Oklahoma | 2 yrs | Okla. Stat. tit. 12, § 1053 |
| Colorado | 2 yrs | Colo. Rev. Stat. § 13-21-204 (via § 13-80-102) |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Kansas?
You have 2 years from Date of death, under K.S.A. § 60-1901.
Can I still sue after 2 years in Kansas?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Is the deadline different for claims against the government?
Written notice required to municipality clerk or governing body before filing suit against municipality (K.S.A. § 12-105b). Must include facts of claim, date/time/place of injury, names of employees involved, injury details, and damages sought. Government has 120 days to respond; deemed denied if no response. No advance notice required for claims against the State of Kansas.
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Sources
- Official Kan. Stat. Ann. § 60-1901 (official Kansas Revisor of Statutes)
- Corroborating Justia - K.S.A. § 60-1903 Amount of Damages in Wrongful Death
- Corroborating Nolo - Wrongful Death Lawsuits in Kansas
- 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.