Kansas law
Personal Injury Laws in Kansas.
Kansas uses a modified comparative fault system with a 50% bar — a plaintiff who is 50% or more at fault cannot recover. The state abolished joint and several liability, making each defendant liable only for their proportionate share. The general statute of limitations for personal injury is 2 years with a 10-year statute of repose. Kansas is a modified no-fault auto insurance state with 25/50/25 minimums and mandatory PIP coverage. The Kansas Supreme Court struck down noneconomic damage caps as unconstitutional in 2019 (Hilburn v. Enerpipe).
Last verified: 2026-02-25
State law
Statute of Limitations
Personal injury, wrongful death, and property damage actions must be filed within 2 years. The period begins when the act first causes substantial injury, or when the injury becomes reasonably ascertainable (discovery rule). A 10-year statute of repose applies as an absolute outer limit.
Exceptions
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.
State law
Fault & Liability Rules
Kansas follows modified comparative fault. A plaintiff's damages are reduced by their percentage of fault, and a plaintiff who is 50% or more at fault is barred from recovery entirely. Kansas abolished joint and several liability — each defendant is liable only for their proportionate share of fault.
State law
Damage Caps
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.
State law
Auto Insurance System
Kansas is a modified no-fault state. All drivers must carry 25/50/25 liability ($25,000 per person, $50,000 per accident for bodily injury, $25,000 for property damage), personal injury protection (PIP) of $4,500, and uninsured motorist coverage. PIP covers medical expenses regardless of fault. Injured parties may file a liability claim against the at-fault driver in addition to PIP benefits.
State law
Key Kansas Statutes
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.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Kansas.
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