Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

Kansas's two deadlines run on the same basic clock — but the damages rules attached to each claim have diverged sharply since 2019.

The same general period

Kansas's wrongful death deadline is generally 2 years from the date of death — the same general period that governs an ordinary personal injury claim under K.S.A. 60-513, which also carries a discovery rule and a 10-year statute of repose from the negligent act.

Same deadline, very different cap

What's changed is what each deadline attaches to. A personal injury claim filed within its 2-year window is now uncapped, following Hilburn v. Enerpipe (2019). A wrongful death claim filed within its own 2-year window is still subject to the $250,000 nonpecuniary damages cap under K.S.A. 60-1903, which survived that same ruling.

The clock starts at death, not the original injury

The wrongful death deadline runs from the date of death, not from any underlying injury. This matters when someone is injured, survives for a period, and later dies from that injury: the clock starts fresh at death, giving the family their own window from that point forward.

Malpractice adds its own procedural layer

A wrongful death claim rooted in medical malpractice can carry additional procedural requirements, including a mandatory screening panel process, that add steps beyond the general wrongful death deadline itself.

This is general information, not legal advice, and deadline rules allow little room for error. Confirm the exact deadline for your situation with a licensed Kansas attorney immediately.