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Kansas Civil Statute of Limitations Laws

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.

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.

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.

Statutes of Limitations in Kansas

The details of Kansas's civil statutes of limitations are listed below.

Code Section

Kansas Statutes Annotated § 60-501 et seq.: Limitations of Actions

Injury to Person

Two years (K.S.A. § 60-513(a)(4) and (5))

Libel/Slander

One year (K.S.A. § 60-514(a))

Fraud

Two years (K.S.A. § 60-513(a)(3)), which does not begin accruing until the fraud is discovered

Injury to Personal Property

Two years (K.S.A. § 60-513(a)(2))

Professional Malpractice

Two years from reasonable discovery, four years maximum (K.S.A. § 60-513(a)(7))

Trespass

Two years (K.S.A. § 60-513(a)(1))

Collection of Rents

Written: five years (K.S.A. § 60-511(1)); oral: three years (K.S.A. § 60-512(1))

Contracts

Written: five years (K.S.A. § 60-511(1)); oral: three years (K.S.A. § 60-512(1))

Collection of Debt on Account

Written: five years (K.S.A. § 60-511(1)); oral: three years (K.S.A. § 60-512(1))

Judgments

Five years (K.S.A. § 60-2403)

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

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, the tolling of statutes for incapacity, the "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.

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