The discovery rule, built directly into the statute
Under K.S.A. § 60-513(b), the two-year period doesn't automatically start on the date of the underlying act. It begins once the act first causes substantial injury, or, if the injury isn't reasonably ascertainable until some time after the initial act, once it becomes reasonably ascertainable to the injured party. This discovery-based starting point is written directly into the same statute that sets the general two-year deadline, rather than existing as a separate judge-made exception.
The outer limit: 10 years, no exceptions for discovery
That discovery-friendly starting point doesn't run forever. The same statute sets a firm outer boundary: no action can ever be commenced more than 10 years beyond the act giving rise to the cause of action, regardless of whether or when the injury was actually discovered. This general 10-year statute of repose applies broadly across Kansas tort law, not just to a narrow category of claims.
Medical malpractice gets its own, shorter repose period
Medical malpractice claims follow the same two-year discovery-based starting point, but with a notably shorter repose period: no malpractice claim can be filed more than four years after the incident, rather than the general 10-year cap that applies to most other Kansas tort claims.
A distinctive, narrower rule for minors in malpractice cases
Kansas treats minors differently depending on the type of claim. For a medical malpractice claim specifically, a minor generally has just one year after turning 18 to file — but never later than eight years beyond the act that caused the injury. This is a genuinely narrower window than the general minor-tolling approach Kansas uses for other kinds of injury claims, where a minor typically gets the standard two years after turning 18.
What doesn't pause the clock
A genuinely common and costly misunderstanding: actively negotiating a settlement with an insurance company does not toll or pause Kansas's filing deadline. The clock keeps running the entire time talks are ongoing, regardless of how close the parties seem to a resolution.