Kansas Statutes of Limitations

All states have statutes of limitations. These are time limits for filing criminal charges or civil actions. Statutes of limitation ensure that plaintiffs and prosecutors bring a cause of action on time. A limitation period is long enough for an injured party to gather evidence and witness statements.

Statutes of limitation begin, or "run," from when the incident happens. For instance, in a car accident, you have two years to file a personal injury claim. The discovery rule delays or "tolls" the statute. Tolling happens when a plaintiff could not have discovered an injury, like in product liability cases where an illness or wrongful death might happen months or years after using the product.

In criminal cases, Kansas law restricts the time a prosecutor has to file criminal charges against a suspect. Under the Sixth Amendment to the Constitution, defendants have a civil right to a speedy trial, which is usually defined as enough time for a thorough investigation. Under Kansas state law, a prosecution begins when a complaint gets entered or a warrant gets returned from a grand jury.

Get Legal Advice from a Kansas Criminal Defense Attorney

You can’t bring your claim if you miss the statute of limitations. If the prosecution has not filed a case against you in a criminal case, you could have a defense against future prosecution. Whether you’re in Topeka, Kansas City, or Dodge City, get legal advice from an experienced Kansas attorney to learn the best options in your case.