How Long Do I Have to File a Personal Injury Lawsuit in KS?

Injured in a car crash or other accident? See what the law says about lawsuits.

You were involved in a car crash. Or maybe you are a victim of someone’s negligence.

Personal injury cases are common. A person could get injured in many ways. Nobody is immune to injuries. When they occur, they may be catastrophic in nature. As such, you may want to file a lawsuit against the liable party.

However, there are restrictions and guidelines that must be followed when filing a lawsuit. One of those elements is the timeline. You must file a lawsuit within a certain amount of time. Read on to learn about the requirements for Kansas.

Kansas Statute of Limitations

You do not have an unlimited amount of time to file a lawsuit. Every state has timelines to file a claim. These are called the statute of limitations. In Kansas, the statute of limitations is normally two years for personal injury cases, as outlined in Kan. Stat. § 60-513. Personal injury and wrongful death are covered under this statute.

This means that you have two years from the date of the injury. Because injuries are not always apparent right away, the statute also uses the date that the injury could reasonably be discovered. Sometimes you get eight more years, or in medical negligence cases, It could be four. Minors get to age nineteen, but not past the statute or repose of eight or four years that may apply. Ask an attorney who handles these cases, before you decide what to do.

Kansas also tolled statutes of limitation for approximately a year, from March of 2020.

What This Means for Your Claim

In short, you need to file your personal injury claim within the required time. If you wait and are just one day late, your claim will be denied. If you do not file the day before the statute runs, you lose. This means you will not be able to recover compensation for any damages.

Contact Our Kansas Personal Injury Attorneys Today

Any delay can prevent recovery, if evidence is lost or the Defendant or witnesses cannot be found

Seek legal help from the Kansas personal injury attorneys at Neustrom & Associates. We have over 40 years of attorney and over 40 years of paralegal experience, so we know what needs to be done in order to file a successful lawsuit. Get started by scheduling a free consultation. Call (785) 825-1505 or fill out the online form.