The Kansas Statute of Limitations for civil actions sets a time limit after an injury or civil wrong occurs, during which an injured party can file a lawsuit. After that period of time expires, the injured party is no longer permitted to file a claim in a Kansas state court to litigate that matter. The statute ensures that lawsuits that have merit and worthy of being heard are filed within a reasonable time or not at all.
How Does the Statute of Limitations Operate?The period of time to file a claim will vary depending upon the type of incident that occurred. A claim against a doctor for medical malpractice may be for a different length of time than against an accountant for negligence or fraud. The Kansas statute of limitations can generally be found within the Kansas Statutes, Chapter 60 and covers the following rules and exceptions in greater detail.
When does the Kansas Statute of Limitations Begin?Other than for specific exceptions, the Kansas statute of limitations generally begins to run at the time when a "cause of action arises" - in other words, at the time when an injury occurs that would qualify for a lawsuit to be filed in a Kansas state court.
What is the Discovery Rule?There are times when a person is unable to discover that they have been injured. For example, if fraud or a hidden injury occurred that wasn't apparent to the victim. It wouldn't be fair or reasonable to require the injured party to file a lawsuit when they could not have detected the injury. As a result, in some instances the Kansas statute of limitations begins to run from the time the injured party discovers or should have discovered that they have been injured.
Delaying or Tolling the Kansas Statute of LimitationsIn certain circumstances, fairness would require that the statute of limitations be delayed for a period of time. A party may not have the ability to bring a case even though they are aware of an injury or damages. Delaying or "tolling" the statute of limitations typically occurs when the plaintiff is "disabled" - such as a minor child or a person who is mentally incompetent. Once the disability ends, the statute of limitations begins to run.
Calculating the length of time that a plaintiff has to file a lawsuit is complicated and involves many factors and exceptions. Parties that have suffered significant injuries or damages may wish to consult with a Kansas attorney to ensure that all claims and notices are filed within the time limits set forth by law.
Kansas Statute Legislature: Kansas Statutes
Personal Injury and Negligence1 year, generally.
Wrongful Death2 years.
Medical Malpractice2 years, generally.
Legal and Professional Malpractice2 years.
Products Liability2 years.
Assault and Battery1 year.
False Imprisonment1 year.
ContractsWritten contracts 6 years. Oral contracts 6 years.
Personal Property Damages2 years
Libel / Slander / Defamation1 year from the date of publication (or the date when spoken).
Debt Collection Accounts3 years, where there is an implied or express contract.
Collection of Rent3 years, where there is an implied or express contract.
Judgment Enforcement5 years.
Liability of State and MunicipalitiesIn general, none. State generally liable for negligent or wrongful acts or omissions by government employees who are acting within the scope of their duties.
No-Fault InsuranceYes - no-fault insurance applies.
Consumer Fraud ComplaintsKansas Office of the Attorney General
Telephone: (785) 296-2215
Toll Free: (888) 428-8436
(785) 296-3751 (consumer protection hotline)
Please Take Note: The statute of limitations laws presented are strictly provided to you “as-is”. While we believe that the legal information is accurate as of the date created, we cannot and do not provide any guarantee, analysis or conclusions. The law may have changed since this article was published. The only way to ensure that the statute of limitations law you are reading is up to date and applies to your specific issue, is to have a legal consultation with an attorney licensed to practice law in the state of Kansas.
- Lawsuits, Disputes:
- Statute Of Limitations
Statute of Limitations Kansas Statute of Limitations, Civil Actions
By Michael Wechsler |
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