Kansas

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Kansas pairs 51% modified comparative fault with a $325,000 cap on med-mal non-economic damages and tight pre-suit requirements. From Johnson County (Kansas City suburbs) to Sedgwick (Wichita) and rural Kansas, local court culture varies.

Practice areas in Kansas

Common questions about Kansas attorneys

Two years from the date of injury under K.S.A. § 60-513 for most negligence claims. Claims against governmental entities require a notice under the Kansas Tort Claims Act (K.S.A. § 75-6101). Medical malpractice has its own 2-year SOL with a 4-year statute of repose under K.S.A. § 60-513(c).
Kansas drivers must carry Personal Injury Protection (PIP) under K.S.A. § 40-3107 — minimum $4,500 in medical, $900/month for one year for disability, and other benefits. After a crash, you file with your OWN insurer regardless of fault. You can sue the at-fault driver in tort only if you cross the threshold under K.S.A. § 40-3117 — $2,000 in medical expenses, permanent injury, or loss of body function.
Kansas has had a $325,000 cap on non-economic damages in med-mal cases under K.S.A. § 60-19a02. The cap has been challenged repeatedly. The Kansas Supreme Court initially upheld it in Miller v. Johnson (2012), then struck a related cap in Hilburn v. Enerpipe (2019) before partially restoring it. The legal landscape is in flux — local counsel will know the current status for any pending case.
Under K.S.A. § 60-258a, you can recover only if your fault is 50% or less. At 51% or more, you recover nothing. The jury assigns percentages to each party, and your damages are reduced by your share. Kansas has had comparative fault since 1974 — one of the earliest adopters.
Kansas workers’ comp under K.S.A. § 44-501 runs through the Workers Compensation Division of KDOL. You file Form K-WC-9, attend a preliminary hearing before an Administrative Law Judge, and proceed to a regular hearing if not resolved. Income benefits are 66 2/3% of average weekly wage up to a state maximum. Medical treatment is employer-directed.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.