Kansas Injury Claim Rules

Rules cited to Kansas’s statutes and case lawRules checked How we calculate

Fault rule50% barYou recover only if you are less than 50% at fault. The award is cut by your share.Kan. Stat. § 60-258a
Filing deadline2 yearsFrom the date of the injury.Kan. Stat. § 60-513
Minimum insurance25/50/25Per person, per crash, property. Kansas is a no-fault state.
Damage capsNone on injury damagesA court struck down the old cap.Hilburn v. Enerpipe Ltd., 442 P.3d 509 (Kan. 2019)

Calculators with these rules built in

This page collects the rules that decide what an injury claim is worth in Kansas: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

Kansas is a no-fault state, so car crash claims start with your own PIP coverage. 50% bar decides how fault affects everything else.

Kansas injury claim rules

Fault. Kansas uses modified comparative fault with a 50% bar. Your award drops by your share of fault, and at 50% or more you recover nothing, so an even split leaves you with nothing. Insurers know this, so expect them to argue your share up.

Filing deadlines. You have two years from the injury to file a personal injury lawsuit. Families have two years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.

Car insurance. Kansas is a no-fault state. Your own personal injury protection (PIP) pays your medical bills and part of your lost income first, up to $4,500 for medical bills, plus income, rehabilitation and other benefits, whoever caused the crash. To claim pain and suffering from the at-fault driver, you need $2,000 in medical bills, or a permanent injury, fracture, permanent disfigurement or death. Liability minimums are 25/50/25.

Damage caps. None on injury damages. The Kansas Supreme Court struck down the non-economic cap in 2019.

Dog bites. No dog bite statute. The owner is liable if they knew or should have known the dog was dangerous, or if they were negligent.

Kansas injury claim questions

Can I still get a settlement in Kansas if I was partly at fault?

Yes, as long as you were less than 50% at fault. Your award is reduced by your percentage, and at 50% or more you recover nothing.

How long do I have to file a personal injury lawsuit in Kansas?

two years from the injury in most cases.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

Does Kansas cap pain and suffering damages?

Not in most injury cases. None on injury damages. The Kansas Supreme Court struck down the non-economic cap in 2019.