What is the Car Accident Statute of Limitations in Kansas?

By , J.D.
Get the compensation you deserve. We've helped 215 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Question

What is the Car Accident Statute of Limitations in Kansas?

Answer

First, let's take a step back and explain that a "statute of limitations" is simply a state law that puts a time limit on a potential plaintiff's right to file a lawsuit in court. These deadlines vary depending on what type of loss or harm you have suffered, but the filing deadline is almost always expressed in years.

Kansas is like many states in that the statute of limitations that applies to the vast majority of car accident lawsuits is the same one that applies to most personal injury cases.

Specifically, Kansas Statutes section 60-513 gives you two years to ask the state courts for a civil remedy for any personal injury or for any damage to your personal property. In the context of a car accident, that means if anyone was hurt in the crash -- whether a driver, passenger, motorcycle rider, bicyclist, or pedestrian -- or had their vehicle or other property damaged, they must get their lawsuit filed against any potential defendant within two years. The clock starts running on the date of the accident.

The same statute of limitations applies if the car accident caused someone's death, and the family or a representative wants to bring a wrongful death claim. The only difference is that for these cases, the two-year "clock" starts running on the day of the accident victim's death, which could be later than the date of the accident itself. (Learn more about Kansas Wrongful Death Lawsuits.)

You may be wondering what happens if you try to file your Kansas car accident lawsuit after the statute of limitations deadline has already passed. In that situation, it's a safe bet that the person you're trying to sue (the defendant) will ask the court to dismiss the case, and the court will agree. That's why it's crucial to understand the statute of limitations and how it applies to your lawsuit.

Finally, from a strategic standpoint, it's always a good idea to leave yourself plenty of time to file a lawsuit, even if you are fairly certain that your case will be resolved through a car insurance settlement. At the very least, keeping all your options on the table will give you more leverage during settlement talks. So if the filing deadline is approaching, you may want to talk with an experienced Kansas car accident attorney to make sure your rights are protected.

by: David Goguen, J.D.

Make the Most of Your Claim
Get the compensation you deserve.
We've helped 215 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you