A statute of limitations is a statute, or law, that restricts the period of time, after certain events, that a person may initiate legal proceedings. These time limits vary depending on the type of case and the state where the particular cause of action occurred. After the time limit has passed, the injured person no longer has the right to sue to recovery money damages, unless a legal exception applies. The following provides a brief summary, in alphabetical order, of some of the limitations periods for the state of Kansas for those actions related to personal injury, medical malpractice, and some products liability. Please contact a qualified Kansas lawyer to find out how a statute of limitations applies to your situation.
Fraud:
Actions based on fraud must be filed within 2 years. This two year limitation period begins to run from the date the fraud was discovered.
Libel-Slander-Defamation:
These types of actions must be filed within 1 year from the date of the action.
Medical Malpractice:
All actions against medical professionals must be filed within 2 years of the date of the act resulting in the injury, or no later than 4 years from the date of the act resulting in the medical malpractice injury if the injury was not discovered during the original limitations period.
Personal Injury:
Most personal injury negligence actions must be filed within 2 years from the date of the injury. However, if the injury is not reasonably discovered until after the initial act, a suit may be filed within 10 years from the date of the act resulting in the injury occurred.
Statute of Limitations for Personal Injury Actions Chart
Product Liability:
Product liability actions must be filed within 2 years from the date of the injury.
Professional Malpractice:
All actions against professionals must be filed within 2 years of the date of the act resulting in the injury, or no later than 4 years from the date of the act resulting in the injury if the injury was not discovered during the original limitations period.
Wrongful Death:
Wrongful death actions must be filed within 2 years of the date of death.
Special Rules Tolling the Statute of Limitations:
A statute of limitations is tolled when certain conditions are present. When a statute is tolled, the limitations period is essentially put on hold for a period of time. Some typical reasons that a statute is tolled include situations when the victim of the injury was a minor at the time of the injury (minority), when the victim of the injury was mentally incompetent at the time of the injury (mental incompetence), and when the defendant has filed bankruptcy.
In Kansas, when the injured party is a minor, the minor will have 1 year after his or her 18th birthday to file suit, not to exceed 8 years from the date of the actual act resulting in the injury. This exception does not apply in wrongful death cases, however. If an injured party is deemed to be mentally incompetent or insane, he or she will have 1 year after the disability is removed, but the action may not be filed more than 8 years after the time of the act resulting in the injury.
