Kansas Personal Injury Laws

If the fact of injury is not reasonably ascertainable at the time of the act, the 2-year period begins when the injury becomes reasonably ascertainable. However, no action may be commenced more than 10 years after the act giving rise to the cause of action.

If the injured person is under 18, incapacitated, or imprisoned, they have 1 year after the disability is removed to file. However, no action may be commenced more than 8 years after the act giving rise to the cause of action.

Wrongful death actions must be filed within 2 years of the date of the decedent's death. The action may be maintained by the personal representative of the deceased if the deceased could have maintained the action had they lived.

Actions against healthcare providers have a shorter 4-year statute of repose instead of the standard 10-year repose for other personal injury claims.

Kansas previously capped noneconomic damages at $250,000-$350,000 (increasing over time). In 2019, the Kansas Supreme Court ruled in Hilburn v. Enerpipe Ltd. (309 Kan. 1127) that the cap violates the right to trial by jury under Section 5 of the Kansas Constitution Bill of Rights. There is currently no enforceable cap on noneconomic damages.

Punitive damages are capped at the lesser of the defendant's highest annual gross income from any of the 5 years before the wrongful act, or $5 million. If profits from misconduct exceed this cap, the court may award up to 1.5x the defendant's profit. Proof must be by clear and convincing evidence.

Kansas abolished joint and several liability. Each defendant is liable only for their proportionate share of fault and the resulting damages. There is no ability to collect the full judgment from a single defendant.

Kansas follows the common law collateral source rule. Evidence that a plaintiff received compensation from a third-party source (e.g., insurance) is generally inadmissible. The legislature's statutory attempts to eliminate this rule were found unconstitutional and repealed.