Do I need a lawyer after a car accident in Kansas?
Every rule below is quoted from Kansas law or a state agency, with a link. Checked September 17, 2026.
The short answer
We can't tell you whether you need a lawyer. We can show you the Kansas rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.
How fault changes your claim
If you were partly at fault
Kansas uses modified comparative fault with a 50 percent bar. You can recover damages only if you were less at fault than the other driver. If you were half at fault or more, you get nothing.
“if that party's negligence was less than the causal negligence of the party or parties against whom a claim is made”
When you can sue the other driver
You can only sue the other driver for pain and suffering if your medical treatment is worth $2,000 or more, or your injury is a permanent disfigurement, a broken weight bearing bone, loss of a body part, a permanent injury, permanent loss of a body function, or death.
“only in the event the injury requires medical treatment of a kind described in this act as medical benefits, having a reasonable value of $2,000 or more”
How long you have
- 2 years
- to sue for injuriesK.S.A. 60-513(a)(4)
- 2 years
- to sue for car or property damageK.S.A. 60-513(a)(2)
- 2 years
- for a family to sue after a deathK.S.A. 60-513(a)(5)
Deadline to sue for injuries
You have 2 years to sue for injuries from a car crash in Kansas.
“The following actions shall be brought within two years”
If a government vehicle or road was involved
If a city or county vehicle or road is involved, you must file a written notice of claim with that city or county before you can sue. You then have to wait until the claim is denied, or 120 days pass, whichever comes first, and you get at least 90 more days after a denial to file suit, even if the usual 2 year deadline is close.
“any person having a claim against a municipality or against an employee of a municipality which could give rise to an action brought under the Kansas tort claims act shall”
How injury lawyers charge in Kansas
Contingency fee rules
Kansas has no dollar or percentage cap on personal injury contingency fees. The fee has to be reasonable, and the contingent fee agreement must be in writing.
“A contingent fee agreement shall be in writing and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal, and the litigation and other expenses to be deducted from the recovery.”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
If the insurer is the problem
File a complaint with the state
To file a complaint against an insurance company in Kansas, use the online complaint form on the Kansas Department of Insurance's File a Complaint page, or download and mail/fax/email the paper form.
“To file a consumer complaint against an insurance company/agent/agency, simply follow this three-step process: Select the following link and you will be taken to the Kansas online complaint form.”
Sources on this page
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.