Kansas at a glance
Kansas allows two years for an action for injury to the rights of another.[1] A party can recover only if their negligence was less than the causal negligence of the other parties.[2] Kansas is a no-fault state; a lawsuit for pain and suffering after a crash requires an injury that meets a statutory threshold.[3][4]
Filing deadlines
K.S.A. 60-513(a)(4)
The following actions shall be brought within two years: (4) An action for injury to the rights of another, not arising on contract, and not herein enumerated.
Source: [1]
In plain English, most injury lawsuits in Kansas must be filed within two years.[1]
Shared fault
K.S.A. 60-258a(a)
The contributory negligence of a party in a civil action does not bar that party or its legal representative from recovering damages for negligence resulting in death, personal injury, property damage or economic loss, if that party’s negligence was less than the causal negligence of the party or parties against whom claim for recovery is made
Source: [2]
This is modified comparative fault, often called the 50% bar. An injured person whose fault is less than the parties the statute compares them to can recover damages reduced by their share; at 50% or more, recovery is barred.
Auto insurance requirements
K.S.A. 40-3107 requires liability coverage of “not less than $25,000 because of bodily injury to, or death of, one person in any one accident,” “not less than $50,000 because of bodily injury to, or death of, two or more persons in any one accident” and “not less than $25,000 because of harm to or destruction of property of others.”[5]
Tort threshold: K.S.A. 40-3117
a plaintiff may recover damages in tort for pain, suffering, mental anguish, inconvenience and other non-pecuniary loss because of injury only in the event the injury requires medical treatment of a kind described in this act as medical benefits, having a reasonable value of $2,000 or more, or the injury consists in whole or in part of permanent disfigurement, a fracture to a weightbearing bone, … permanent injury within reasonable medical probability, permanent loss of a bodily function or death.
Source: [3]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in Kansas?
In plain English, most injury lawsuits in Kansas must be filed within two years.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- K.S.A. 60-513. Kansas Legislature. https://www.kslegislature.gov/b2023_24/laws/060_000_0000_chapter/060_005_0000_article/060_005_0013_section/060_005_0013_k/
- K.S.A. 60-258a. Kansas Revisor of Statutes. https://ksrevisor.gov/statutes/chapters/ch60/060_002_0058a.html
- K.S.A. 40-3117. Kansas Legislature. https://kslegislature.gov/li_2012/b2011_12/statute/040_000_0000_chapter/040_031_0000_article/040_031_0017_section/040_031_0017_k/
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
- K.S.A. 40-3107. Kansas Revisor of Statutes. https://kgi.contentdm.oclc.org/digital/api/collection/p16884coll22/id/190/download
Sources last checked: October 11, 2026
