Whether your neck still hurts from that fender bender six months ago, or the auto body shop didn’t fix your truck the right way after the accident, you may be thinking of a lawsuit. Perhaps against the other driver for your doctor bills or rehab, or the auto shop if they don’t agree to do the repairs for free.
And if you do want to file a lawsuit, you may be wondering how much time you have to file a suit. As it turns out, even the best cases have a deadline for filing in court. Here is an overview of civil statutes of limitation in Kansas.
Civil Statutes of Limitations
States set the time limit for filing lawsuits and other civil actions under their statutes of limitations laws. Statutes of limitations in the Sunflower State can vary from one to five years, depending on what type of case you have. In most cases, the statutory “clock†will begin ticking on either the date of the incident or the date you discover the harm.
Statutes of Limitations in Kansas
The details of Kansas’s civil statutes of limitations are listed below.
| Code Section | Kansas Statutes 60-501, et seq.: Limitations of Actions |
| Injury to Person | 2 yrs. 60-514(b) |
| Libel/Slander | 1 yr. 60-514(a) |
| Fraud | 2 yrs. 60-513 (a)(3), does not begin accruing until fraud is discovered |
| Injury to Personal Property | 2 yrs. 60-513 (a)(2) |
| Professional Malpractice | 2 yrs. from reasonable discovery, 4 max. 60-513(a)(7), 60-513(c) |
| Trespass | 2 yrs. 60-513(a)(1) |
| Collection of Rents | If pursuant to an oral or implied contract: 3 yrs. (5 yrs. for all written contracts, however) |
| Contracts | Written: 5 yrs. 60-511(1); Oral: 3 yrs. 60-512(1) |
| Collection of Debt on Account | If pursuant to a contract, express or implied: 3 yrs. |
| Judgments | - |
The legal system imposes statutes of limitations in order to create as much fairness and predictability in the realm of civil lawsuits. The injured party is given a defined amount of time in which to decide whether he or she wants to file a legal claim to recover damages. On the other hand, the person or business who may be sued doesn’t have an unfinished legal matter hanging over their head indefinitely. Thus, statutes of limitations are the legal system’s attempt to set a deadline for legal conflicts so all the parties involved can plan and prepare accordingly.
More Resources Kansas Civil Statute of Limitations Laws
As noted above, even a good case could get dismissed if it isn’t filed promptly. You can visit FindLaw’s section on Statute of Limitations for additional articles and information on this topic.
Get Legal Help Understanding Kansas Civil Statute of Limitations Laws
Kansas' statutes of limitations vary depending on the nature of the claim involved. In personal injury matters, a good Kansas attorney will know the state's statutes of limitations, tolling of statutes for incapacity, "discovery of harm" rule that starts the statute running, and other integral factors to Kansas' injury laws. If you believe that you have a legal claim in Kansas, you should contact a local litigation attorney who can evaluate your claim and guide you through the process.
