Kansas · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Kansas?

Kansas gives you 2 years from the date of injury to file a personal injury lawsuit under Kan. Stat. Ann. § 60-513.

Updated 2026-05-22 · See all 50 states

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Key facts: Kansas

Personal injury deadline
2 years
Kan. Stat. Ann. § 60-513 →
Wrongful death deadline
2 years
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Kansas follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Kansas

Two years for both PI (from injury) and wrongful death (from death) under § 60-513. A 10-year statute of repose caps all tort actions. Notice is required for municipal claims within 120 days under K.S.A. § 12-105b.

Related: Kansas comparative negligence rule

Kansas follows a modified 50% bar rule. Modified comparative negligence with a 50% bar; the plaintiff is barred when fault is equal to or greater than the combined fault of defendants. Recovery requires the plaintiff to be less than 50% at fault.

Read the full Kansas comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Kansas attorney before relying on it.

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Kansas Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Kansas?

In Kansas, the general personal injury statute of limitations is 2 years from the date of injury under Kan. Stat. Ann. § 60-513. Two years for both PI (from injury) and wrongful death (from death) under § 60-513. A 10-year statute of repose caps all tort actions. Notice is required for municipal claims within 120 days under K.S.A. § 12-105b.

Does Kansas have a separate deadline for wrongful death?

Yes. Kansas's wrongful death statute of limitations is 2 years. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Kansas personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Kansas personal injury attorney before assuming a claim is barred.

What is Kansas's comparative negligence rule?

Kansas follows a modified 50% bar rule under Kan. Stat. Ann. § 60-258a. Modified comparative negligence with a 50% bar; the plaintiff is barred when fault is equal to or greater than the combined fault of defendants. Recovery requires the plaintiff to be less than 50% at fault.

Where can I read the actual statute?

The controlling statute is Kan. Stat. Ann. § 60-513. The full text is available on the official Kansas legislature website at https://kslegislature.gov/li_2020/b2019_20/statute/060_000_0000_chapter/060_005_0000_article/060_005_0013_section/060_005_0013_k/.

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