The Kansas Statute of Limitations is a legal deadline for filing a lawsuit. Think of it as the law’s way of keeping things moving — if you’ve been wronged, the clock is ticking. For example, if someone hits you in a car accident and you’re injured, you generally have two years from the date of that crash to bring a negligence claim. Wait too long, and your right to sue may be gone. In any legal claim, the person bringing the case has the “burden of proof” to show they are entitled to relief.
Why? Courts and lawmakers want to avoid dealing with stale or unreliable claims. Witnesses forget. Evidence disappears. And justice becomes harder to serve. While technology like dash cams and electronically stored data (ESI) has made some of that easier, the law still favors timely action.
At Mann Wyatt Tanksley Injury Attorneys, we help clients navigate these time-sensitive issues. If you’re unsure about your rights or deadlines, we offer free consultations and straightforward legal advice to evaluate your case.
Understanding the Basics of the Kansas Statute of Limitations
At its core, the statute of limitations is a legal time limit. In Kansas, these rules are outlined in the Kansas Statutes Annotated (K.S.A.), and most negligence-based injury claims fall under K.S.A. 60-513, which gives you two years to file suit.
It’s important to distinguish between:
- Statute of Limitations: Starts when the injury is discovered (or should have been).
- Statute of Repose: Sets a hard deadline from the event itself — even if the injury is discovered later.
The purpose is simple: encourage timely filing and protect defendants from open-ended liability.
This is an issue of state law, and Kansas courts interpret these timeframes differently based on the type of case or cause of action. Serious claims like human trafficking may have extended deadlines — while others, like basic negligence, follow stricter rules.
Key Civil Statutes of Limitations in Kansas
Personal Injury Claims
- Two-year statute of limitation (K.S.A. 60-513)
- Applies to car accidents, slip-and-falls, dog bites, and other negligence claims
- Exceptions: Cases involving minors or delayed discovery may be tolled
- Medical Malpractice: Two years from when the injury is "reasonably ascertainable," but no more than four years total
- Insurance Implications: If you miss the deadline, the insurance company will almost certainly deny payment
Wrongful Death
- Two-year limitation from the date of death
- Claim is brought by surviving family or estate representatives
- Subject to caps and limits because it’s a “statutory creature” (i.e., created by statute, not common law)
Breach of Contract
- Written contracts: 5-year limit (K.S.A. 60-511)
- Oral contracts: 3-year limit (K.S.A. 60-512)
- Time period runs from the date of breach—not discovery
Real Property
- Property-related claims often fall under a two-year period
- Includes things like:
- Deed of conveyance of land
- Covenant of seizin
- Covenant of warranty
- Varies by specific statute and type of claim
Product Liability
- Two years from injury
- Subject to a statute of repose of 10 years from the product’s sale/delivery
- The statute of repose applies regardless of when the harm is discovered
Other Civil Actions
- Fraud: Two years from discovery
- Damage to personal property: Two years
- Official bond or public officer claims: Varies by statute
- Some cases allow for equitable tolling, such as when a victim is actively being intimidated or manipulated (common in abuse cases)
Specific Considerations and Exceptions
Sexual Assault and Abuse
Kansas law now provides longer or unlimited timeframes for certain sex abuse claims, especially involving minors. This reflects the reality that many victims are unable to report or even process the abuse until years later.
These cases are fact-specific and may involve tolling based on:
- Age of the victim
- Psychological trauma
- Discovery of the harm
Health Care Provider Liability
Medical malpractice claims are subject to a two-year limit, with discovery rules. However, there is a hard cap: no more than four years after the act occurred, even if you didn’t realize the injury right away.
Differences in Criminal Cases
Civil vs. Criminal Law
Statutes of limitations apply in both civil and criminal law, but they serve different purposes. Civil actions (like personal injury) deal with money damages, while criminal charges can involve fines, jail, and loss of freedom.
Criminal Timeframes
We don’t handle criminal defense, but it’s worth noting that some crimes (like homicide) have no statute of limitations. Others, like theft or assault, may have deadlines ranging from 3 to 10 years, depending on the charge.
Additional Resources & Legal Research
If you're unsure which statute applies to your case, don't guess — ask a personal injury lawyer. Law firms can provide proper legal research, which is key to understanding your options for legal action. We routinely use:
- Westlaw and LexisNexis for case law
- Federal court decisions like D. Kan. and F. Supp. interpretations
- Judicial interpretations from the Kansas Supreme Court
Don’t Wait — Time May Be Running Out
If you've been injured or wronged, the Kansas Statute of Limitations may already be counting down. If you wait too long, you could lose your right to recover, no matter how strong your case is.
Contact Mann Wyatt Tanksley Injury Attorneys today for a free consultation. You can reach our Wichita office phone number at (316) 531-9123. We’ll help you determine the right deadline, preserve your rights, and get your claim moving before time runs out.