Did I wait too long to file for my kid's injury in Kansas?
The insurance company may tell you "the deadline is two years, so you're out of time." For your child's own injury claim, that is often not the full rule in Kansas.
What is actually true: Kansas usually gives 2 years for a personal injury lawsuit under K.S.A. 60-513, but a child's deadline can be paused because the child is a minor. Under K.S.A. 60-515, a minor generally can sue within 1 year after turning 18, with an outside limit that usually bars the claim more than 8 years after the event.
That pause helps the child's claim. It does not necessarily save the parents' separate claims.
If you are the parent, your own claims for things like medical bills you paid or related losses usually still face the normal 2-year deadline. That is where families get caught: the child may still have time, while the parent's part may already be expiring or gone.
If the injury happened at a public school in the Overland Park area, or another government-run program, there can be an extra notice rule before suit. Claims against a Kansas municipality often require written notice under K.S.A. 12-105b(d). A private daycare is different; that notice rule usually does not apply there.
If the injury came from a crash on a state or federal highway during harvest traffic - such as a grain truck or farm equipment incident - and the Kansas Highway Patrol worked the wreck, get the crash report right away. The report date does not extend the filing deadline.
A parent or legal guardian usually files for the child. And if a settlement is reached while the child is still a minor, Kansas courts often require court approval and may require money to be protected until the child turns 18.
We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.
Get help today →