Anapol Schwartz - Attorneys at Law
wrongful death

PA & NJ Personal Injury Lawsuits and Lawyers

How to file an accidental fatality claim

Kansas Statute of Limitations
Information from PA Lawyers at Anapol Schwartz

Kansas Statute of Limitations
Statute of limitations varies from state to state regarding the many types of fatal accidents. The last thing you want to do as the family of a victim of an accidental fatality is miss your opportunity to file a lawsuit.

Here are some important facts to know about Kansas’ statute of limitations and time limits for filing a lawsuit:

  • Negligence - 2 years after injury
  • Medical Malpractice – 2 years from date of injury unless undiscoverable at time of injury – 4 year max.
  • Product Liability – For claims based on neg. an action must be filed within 2 years of the date the P suffers an injury. For claims based on strict liability, an action must be filed w/in 2 years after the injury
  • Wrongful Death – 2 years after date of death
  • Survival – 2 years

Caps on Lawyers Awards: The attorney fee must be approved by the court

Kansas Caps on Damage Awards
Medical Malpractice – Noneconomic damages at $250,000.00. Punitive damages are limited based upon a defendant's past income, and are capped at $5 million.

Product Liability – K.S.A. § 60-19a02 - In any personal injury action, the total amount recoverable by each party from all defendants for all claims for noneconomic loss shall not exceed a sum total of $250,000 K.S.A. § 60-3702 – Punitive damages are limited to $5 million

Pharmaceutical cases – Same as product liability 

Kansas Minors – Statute of Limitations/minors tolling - Except in cases of wrongful death, minors have one year after their 18th birthday to file suit, but in no event more than eight years after the act giving rise to the injury occurred

Kansas State Police
General Headquarters
122 SW 7th
Topeka, KS 66603
785.296.6800
http://www.kansashighwaypatrol.org

Kansas Trial Lawyers Assoc.
719 SW Van Buren, Suite 100
Topeka, KS 66603
785.232.7756
http://www.ktla.org/ks/index.cfm?event=showPage&pg=staff

Please fill out the form below to see if you have a wrongful death case.

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PERSONAL INFORMATION
First Name:
Last Name:
E-mail Address:
Address:
 
City:
State:
Zipcode:
Phone: () - ext.

INCIDENT INFORMATION
Date of Accident:
Date of Death:
Name of Deceased:
Location of Accident:
Please describe what happened (cause of accident):
Comments/Questions: