Recovering from an injury is never easy. Between doctor’s appointments, physical pain, and the stress of mounting medical bills, your focus is naturally on healing and getting your life back to normal.
However, if you have been hurt due to someone else’s negligence, you have a deadline to file your claim if you wish to seek compensation. It is important to be aware of this timeline so you don’t accidentally lose your right to seek the help you deserve. This time limit is known as the “statute of limitations.”
Kansas Personal Injury Filing Deadline Key Takeaways
- Most personal injury claims in Kansas must be filed within two years from the date of the accident under state law.
- Missing the deadline usually means losing the right to compensation, no matter how serious the injuries are.
- The clock typically starts on the day of the accident, but the “discovery rule” may delay it if the injury was not immediately apparent.
- Kansas has a statute of repose, which generally bars personal injury claims more than 10 years after the act that caused the injury, even if discovered later.
- Special rules apply to certain cases, including minors (time is paused until adulthood), wrongful death (two years from the date of death), and medical malpractice (a shorter four-year outer limit).
What is the Statute of Limitations for Personal Injury Claims in Kansas?
The statute of limitations is a law that sets a strict deadline for filing a lawsuit. The courts enforce these timelines to ensure that cases are filed while evidence is still fresh and witness memories are reliable.
If you attempt to file a claim after this time period has passed, the court will likely dismiss your case. This means you would lose the ability to recover compensation for your medical expenses, lost wages, and pain and suffering, regardless of how severe your injuries are.
In Kansas, the standard time limit for most personal injury claims is two years.
Under Kansas Statute section 60-513, you generally have two years from the date of the accident to file a lawsuit against the person or business responsible for your injuries. This applies to the most common incidents, including:
Related: How Long Does a Personal Injury Case Take in Kansas?
When Does the Clock Start?
Usually, the two-year clock begins ticking on the day the accident occurred. However, Kansas law recognizes that some injuries aren’t immediately obvious.
Under the “Discovery Rule,” if your injury wasn’t reasonably measurable immediately after the accident, the two-year period might not start until you discovered, or reasonably should have discovered, the injury.
However, there is an outer limit to this rule, known as the statute of repose. Generally, no personal injury action can be commenced more than 10 years after the act that caused the injury, regardless of when it was discovered.
Exceptions to the Rule
Every situation is unique, and Kansas law provides specific rules for different types of claims and circumstances.
Claims Involving Minors
If the injured person is a child (under the age of 18), the rules are different. Since a minor cannot file a lawsuit on their own, Kansas Statutes section 60-515 says the statute of limitations is “tolled,” or paused.
Generally, a minor has until one year after their 18th birthday to file a claim. However, legally, no action can be commenced more than eight years after the act giving rise to the injury. This can be complex, so it is vital for parents to seek advice early rather than waiting until the child turns 18.
Wrongful Death
If an accident results in the loss of a loved one, the surviving family members generally have two years from the date of death to file a wrongful death claim.
Learn More: Who Can File a Wrongful Death Claim in Kansas?
Medical Malpractice
Cases involving medical errors generally follow the two-year rule from the date the injury occurred or was discovered. However, medical malpractice claims have a shorter statute of repose. Even if the injury was discovered late, these claims typically cannot be filed more than four years after the medical error occurred.
Why You Shouldn’t Wait Until the Last Minute
Even though two years might sound like a long time, it passes quickly when you are dealing with recovery. Waiting until the deadline approaches can be risky for your case.
Building a strong case takes time. Your attorney needs to gather medical records, interview witnesses, and preserve evidence. Over time, physical evidence at the scene of an accident can disappear, and details can fade from witnesses’ memories. By acting sooner rather than later, you help ensure that the story of what happened to you is preserved accurately.
We Are Here to Listen and Help
Navigating the legal system while you are in pain can feel overwhelming. You don’t have to carry that burden alone. At The Law Offices of Peter A. Jouras, Jr., we believe in providing compassionate, one-on-one support to our neighbors in Kansas and Missouri. Unlike large firms where you might be just a case number, Peter A. Jouras, Jr. provides personal attention to every client, backed by over 25 years of experience.
We understand that financial stress often accompanies an injury. That is why we offer free consultations to discuss your situation and answer your questions. We work on a contingency fee basis, meaning you don’t pay us legal fees unless we successfully recover money for you.
If you are unsure about your timeline or just need someone to talk to about your accident, please reach out to us today. Let us handle the legal deadlines so you can focus on what matters most, your recovery.
While we’re located in Overland Park, Kansas, just north of I-435 and east of Metcalf Ave, we proudly serve the entire Kansas City metropolitan area, including Kansas City, Missouri.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
