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KS
★ US · Midwest

Personal injury in
Kansas.

By Reviewed by Abd Shanti, Founder7 min read

Kansas applies modified-50 comparative fault with a $350,000 non-economic damages cap (raised from $300k post-Hilburn) and a no-fault auto scheme.

Kansas operates modified-50 comparative negligence. The non-economic damages cap was set at $300,000 prior to the Kansas Supreme Court's 2019 ruling in Hilburn v. Enerpipe; the legislature responded with a revised $350,000 cap. Kansas runs a no-fault auto insurance scheme with a serious-injury threshold for tort recovery. The PI statute of limitations is two years.

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★ statute of limitations
2 years from date of injury

Kan. Stat. Ann. § 60-513

★ fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ KS · statutory caps

What caps recovery.

Caps and ceilings imposed by Kansas law that bear on settlement values.

★ KS · key facts

What makes Kansas different.

The handful of details that distinguish this jurisdiction from its neighbours.

★ KS · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Kansas law.

★ KS · court decisions

What Kansas courts have decided.

Reported Kansas decisions for each injury type, each with a link to the judgment and to the full injury guide.

★ KS · rules that decide claims

The rules in Kansas.

Statutes and rulings that come up again and again in Kansas injury claims, each with its source.

Pain and suffering cap struck downK.S.A. 60-19a02 still lists caps rising to $350,000, but the Kansas Supreme Court held in 2019 that the cap violates the right to trial by jury in a personal injury case.Hilburn v. Enerpipe Ltd. (Kan. 2019)
Fault ruleYour negligence does not bar recovery “if that party’s negligence was less than the causal negligence of the party or parties against whom a claim is made,” but the award is reduced by your share.K.S.A. 60-258a(a)
Seat belt useNot admissible for comparative negligence or to reduce damages.K.S.A. 8-2504(c); see our seat belt table
Intervening negligenceAn earlier driver whose conduct slowed traffic is not liable when time and a later driver’s negligence break the chain of causation.Hale v. Brown (Kan. 2008)
Comp credit for other recoveriesAn employer’s credit against a later malpractice settlement depends on whether that settlement duplicates the comp award, including future medical care.Rumbaugh v. DirecTV (Kan. App. 2025)
Deadline to sueTwo years for “an action for injury to the rights of another, not arising on contract, and not herein enumerated,” which covers most injury claims.K.S.A. 60-513(a)(4)
Intervening cause instructionsInstructing a malpractice jury on intervening cause when the evidence does not support it is reversible error if it may have affected the verdict.Puckett v. Mt. Carmel Regional Medical Center (Kan. 2010)
Out of state work injuriesThe Kansas Workers Compensation Act applies to injuries outside Kansas when the principal place of employment is in Kansas or the contract of employment was made there.Henretty v. Healthcenter Northwest (Kan. App. 2024)
★ other US jurisdictions

Compare across United States.

How Kansas compares with its neighbours in the Midwest on fault rule and limitation period.

JurisdictionFault ruleLimitation
Kansas· you are hereModified comparative, 50% bar2 years from date of injury
Illinois (IL)Modified comparative, 51% bar2 years from date of injury
Indiana (IN)Modified comparative, 51% bar2 years from date of injury
Iowa (IA)Modified comparative, 51% bar2 years from date of injury
Michigan (MI)Modified comparative, 51% bar3 years from date of injury
Minnesota (MN)Modified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpractice
Missouri (MO)Pure comparative negligence5 years for personal injury; 2 years for medical malpractice
Nebraska (NE)Modified comparative, 50% bar4 years for personal injury; 2 years for medical malpractice
North Dakota (ND)Modified comparative, 50% bar6 years for personal injury; 2 years for medical malpractice
Ohio (OH)Modified comparative, 51% bar2 years from date of injury
South Dakota (SD)Slight versus gross negligence3 years from date of injury
Wisconsin (WI)Modified comparative, 51% bar3 years from date of injury

Every United States jurisdiction compared

★ KS · frequently asked

Common questions.

Common questions about personal injury claims in Kansas, answered with the relevant statutory references.

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★ federal context
Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working
How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority
Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the Kansas statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Kansas. See /methodology, /sources, and /disclaimer.