Statute of Limitations in Kansas for Auto Accidents and Personal Injury Claims
May 8, 2015
Kansas generally has a two (2) year statute of limitations for accidents and personal injuries sustained in Kansas. This means that a lawsuit needs to be on file before the two year anniversary of the event or the claim will be forever lost.
Only a few exceptions will apply. They include the following:
If the injured party was a minor or an adult with an incapacity. In some of these situations the two year period can be extended a number of years.
If the fact of someone’s negligence could not have been discovered right away, the two years will not run until two years from the date that a person should have reasonably been able to know that their injury was caused by another’s negligence (example – if a doctor leaves an instrument inside someone’s body after a surgery and it is not discovered until a number of months later, the statute would start running from the date of discovery.)
If, in an auto case, you were injured by an uninsured motorist, then your claim for uninsured motorist benefits under your own policy would have a five (5) year statute of limitation.
Anytime that a two year anniversary is approaching in an accident or negligence situation, extreme caution is warranted.