Kansas Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options

From the aircraft manufacturing facilities of Wichita to the railroad repair shops of Topeka, Kansas' industrial heritage has left a devastating trail of asbestos exposure across the Sunflower State. Our comprehensive database documents 1,186 asbestos exposure sites across 209 Kansas communities—from McConnell Air Force Base in Wichita to the Atchison, Topeka & Santa Fe Railway facilities that helped build America's transportation network. Whether you worked at the Coffeyville Oil Refinery, Kansas City's industrial facilities, McConnell Air Force Base, or any of the aviation plants, railroad shops, and manufacturing sites that powered Kansas' economy, you may have been unknowingly exposed to deadly asbestos fibers.

Kansas offers a structured legal framework for mesothelioma families, though with important limitations. The state follows a discovery rule for its two-year filing deadline, uses modified comparative fault that allows recovery if you're 50% or less at fault, and permits both wrongful death and survival claims. However, Kansas has abolished joint liability and caps wrongful death damages at $250,000—making experienced legal representation crucial for maximizing recovery.

Time is critical. Kansas' two-year discovery rule means your family's deadline to file began when you learned your illness was caused by asbestos exposure. Additionally, Kansas' 10-year statute of repose can bar product liability claims even before symptoms appear—making immediate action essential to preserve your family's rights.

This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn't realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.

— Firm Founder, Justinian Lane

If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS

Kansas Asbestos Law Summary

Kansas Asbestos Law Details

Kansas allows individuals diagnosed with mesothelioma or other asbestos-related diseases to pursue lawsuits under a structured tort system that blends statutory limitations with case law. The state applies a modified comparative fault rule, limits joint liability, and caps noneconomic damages in wrongful death cases. While Kansas permits both survival and wrongful death claims, plaintiffs must navigate a firm two-year deadline, a 10-year product liability repose period, and strict expert witness requirements under the Daubert standard.

Statutes of Limitations and Repose

Kansas imposes a two-year statute of limitations for personal injury and wrongful death claims related to asbestos exposure (K.S.A. § 60-513(a)(4)). The cause of action accrues when the plaintiff knew or reasonably should have known that the illness was caused by exposure to asbestos. This discovery rule makes Kansas moderately favorable to asbestos plaintiffs given the long latency of mesothelioma.

Kansas also enforces a statute of repose for product liability claims: 10 years from the date the product was first sold, leased, or delivered, regardless of when the harm is discovered (K.S.A. § 60-513(b)). This can bar claims even before the plaintiff develops symptoms—unless an exception applies (e.g., fraudulent concealment).

In wrongful death cases, the claim must be filed within two years of death (K.S.A. § 60-513(a)(5)). Kansas also allows survival actions for damages the decedent incurred before death, such as medical expenses or pain and suffering (K.S.A. § 60-1801).

Eligibility to Sue

Individuals diagnosed with mesothelioma, asbestosis, or another asbestos-related disease may file suit in Kansas if their exposure occurred in the state or if they are otherwise jurisdictionally connected. After the injured person’s death, the estate’s personal representative may file a wrongful death claim on behalf of eligible family members, and a survival claim to recover damages the decedent suffered before death.

Spouses and children may also file loss of consortium claims in appropriate cases. In certain circumstances, parents of deceased minor children may be eligible for loss of services and emotional distress claims under Kansas wrongful death statutes.

Workers’ Compensation Limitations

Kansas follows the exclusive remedy rule under its Workers’ Compensation Act (K.S.A. § 44-501b(d)), meaning that employees generally cannot sue their employers for work-related asbestos exposure. However, civil claims may still be brought against third parties, such as manufacturers, contractors, or premises owners.

If the injured worker or their estate obtains a third-party recovery, the employer (or its insurer) is entitled to assert a subrogation lien under K.S.A. § 44-504 to recover workers’ compensation benefits already paid.

Kansas courts have not squarely addressed whether take-home exposure claims are allowed, but most asbestos litigation in the state has focused on occupational exposure.

Damages and Caps

Kansas allows plaintiffs to recover both economic and noneconomic damages. Economic losses—like medical expenses, lost income, and caregiving costs—are not capped and may be proven through documentation and expert evidence.

However, Kansas imposes a statutory cap on noneconomic damages in wrongful death cases: total noneconomic damages (including pain and suffering and loss of companionship) are limited to $250,000 (K.S.A. § 60-1903).

There is no cap on noneconomic damages in personal injury cases after the Kansas Supreme Court ruled in Hilburn v. Enerpipe Ltd., 442 P.3d 509 (Kan. 2019) that such caps violated the state constitution.

Punitive damages are available if the plaintiff shows by clear and convincing evidence that the defendant acted with willful conduct, fraud, or malice. The amount is capped at the lesser of:

• $5 million, or

• The highest of: (a) annual gross income of the defendant, (b) five times compensatory damages, or (c) a court-approved amount if financial condition is unclear (K.S.A. § 60-3701(e)) .

Comparative Fault and Joint Liability

Kansas follows a modified comparative fault rule. Plaintiffs may recover damages only if they are 50% or less at fault; if the plaintiff’s share of fault exceeds 50%, they are barred from recovery (K.S.A. § 60-258a). When more than one party is at fault, liability is apportioned among them based on comparative fault percentages.

Kansas has abolished joint and several liability. Each defendant is responsible only for their share of fault, and plaintiffs cannot recover the unpaid share of a bankrupt or absent defendant from other parties. The only exception is when defendants act in concert or under a common plan (K.S.A. § 60-258a(d)).

Collateral Source Rule

Kansas has significantly limited the traditional collateral source rule. Under K.S.A. § 60-3801 et seq., defendants in personal injury cases may introduce evidence of payments made by third parties—such as insurance, Medicare, or employer benefits—and offset them against jury awards. The only exceptions are for benefits that are repayable through subrogation, such as ERISA-backed health plans.

As a result, Kansas plaintiffs may not receive the “full billed amount” for medical care if insurers paid less. This can reduce the total recovery and increase the burden of proving actual out-of-pocket losses.

Standards of Proof and Causation

Kansas requires plaintiffs to prove that asbestos exposure was both the factual cause and legal cause of their illness. The state uses the standard tort framework: duty, breach, causation, and damages. In asbestos cases involving multiple exposures, plaintiffs must show that each defendant’s conduct was a substantial factor in causing the injury.

Kansas follows the Daubert standard for expert testimony. Under K.S.A. §§ 60-456 to 60-458, the trial court acts as gatekeeper and evaluates whether:

• The testimony is based on sufficient facts or data,

• The methodology is reliable and relevant, and

• The principles are applied correctly to the facts of the case.

Experts must also be qualified through training, experience, or education. This stricter admissibility test requires plaintiffs to present scientifically robust causation testimony—particularly in mesothelioma cases involving latency and cumulative exposure theories.

Wrongful Death and Survival

Kansas law permits both wrongful death and survival actions.

• Wrongful Death: Filed by the estate’s personal representative under K.S.A. § 60-1901, this claim compensates surviving family members for loss of support, companionship, and services. Noneconomic damages are capped at $250,000 by statute.

• Survival Claims: Authorized by K.S.A. § 60-1801, these allow the estate to recover damages the decedent suffered before death, including medical bills, pain and suffering, and lost wages. There is no cap on survival claim damages.

How Kansas Law Works in Practice

Meet Harold, a 75-year-old retired machinist from Wichita. From 1968 to 1995, Harold worked in aviation manufacturing plants, frequently grinding valves and machining engine components made with asbestos-containing materials. In July 2024, after experiencing severe fatigue and a persistent cough, Harold was diagnosed with pleural mesothelioma.

Because Kansas law applies a two-year statute of limitations with a discovery rule, Harold’s time to file began in July 2024, when he was formally diagnosed and informed of the asbestos connection. This means he has until July 2026 to bring a personal injury claim (K.S.A. § 60-513(a)(4)). Even though his exposure occurred decades ago, Kansas allows claims to proceed as long as they are filed within two years of discovery.

However, Harold’s attorneys also need to consider Kansas’ 10-year statute of repose for product liability claims (K.S.A. § 60-513(b)). Because the asbestos products he used were likely delivered before 1995, some claims against manufacturers could be time-barred—unless his lawyers can show fraudulent concealment or find an applicable exception.

If Harold were to pass away before filing, his estate could bring both a wrongful death action and a survival claim. The wrongful death claim would be limited to $250,000 in noneconomic damages (K.S.A. § 60-1903), while the survival claim would not be subject to a cap and could seek full compensation for his medical bills, lost income, and pre-death suffering.

To establish liability, Harold’s legal team must show that each defendant’s product was a substantial factor in causing his illness. Expert testimony will be critical to link his cumulative occupational exposures to his mesothelioma diagnosis. Because Kansas follows the Daubert standard, the court will first evaluate whether the expert’s opinion is based on sound methodology and reliably applied to Harold’s situation (K.S.A. §§ 60-456 to 60-458).

Harold’s attorneys can pursue compensatory damages for economic losses and noneconomic harm. Since this is a personal injury case—not a wrongful death claim—Kansas does not cap noneconomic damages due to the 2019 Hilburn ruling. If the evidence shows that any company acted with fraud or reckless disregard for safety, the jury may award punitive damages, though Kansas law caps the amount based on gross income or a $5 million maximum (K.S.A. § 60-3701(e)).

Because Harold’s Medicare and retiree insurance paid most of his medical bills, his legal team must be prepared to show what was actually paid—not just billed amounts. Kansas allows defendants to introduce evidence of insurance payments and other benefits to reduce the verdict (K.S.A. § 60-3801 et seq.). Subrogated claims (like ERISA plans) are excluded from this reduction.

This is a hypothetical example based on real Kansas law. Every case is different. If you or a loved one has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how Kansas law may affect your rights.

Why Choose Our Firm to Handle Your Family's Kansas Mesothelioma Case?

Our proprietary database contains detailed records of 1,186 asbestos exposure sites across 209 Kansas communities—from Wichita's aircraft manufacturing facilities to Topeka's historic railroad repair shops. While other firms spend months investigating your exposure history, we often know within days which companies owe you compensation.

The Result? Faster trust claims, stronger lawsuits, and maximum recovery for your Kansas family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

Kansas Database Highlights:

If you or someone in your family has been diagnosed with mesothelioma or another asbestos-related disease, our firm can begin helping your family today. Here's how:

Asbestos Trust Claims

Hundreds of companies have set aside billions specifically for asbestos victims. These claims often resolve faster than lawsuits and don't require going to court. Our Kansas database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from Wichita's McConnell Air Force Base to Kansas City's industrial facilities.

For example, if you worked at facilities where A.P. Green refractory products were used—such as the Coffeyville Oil Refinery or high-temperature industrial operations throughout Kansas—our database shows that A.P. Green established a trust specifically for workers exposed to their asbestos-containing refractory materials. We can file your A.P. Green Asbestos Trust claim immediately, potentially recovering $135,000 to $450,000 for mesothelioma cases.

Asbestos Lawsuits

You can hold companies accountable through Kansas' court system, though the state's legal framework requires strategic navigation. Our database strengthens your case with documented evidence and court precedents from Kansas worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like the Atchison, Topeka & Santa Fe Railway shops.

Our database contains detailed records from Kansas' unique industrial sites, including testimony about which defendants' products were used in aircraft manufacturing, railroad operations, and oil refining. This gives us crucial evidence about product failures and safety violations specific to Kansas' industrial environment.

Asbestos Disability Claims

Both Social Security and VA benefits provide monthly income while you pursue other compensation options. These are benefits you've already earned, and our specialized military database is particularly powerful for veterans. Kansas' McConnell Air Force Base and other military installations mean many residents have potential VA claims from service exposure.

Our military records are especially valuable for veterans who served at Kansas' air bases or worked in the state's defense-related manufacturing, helping prove exposure that gets VA claims approved faster.

Learn more about the legal options available to your family

Ready to Pursue Your Kansas Mesothelioma Case?

Whether you were exposed to asbestos at Wichita's aircraft plants, Topeka's railroad facilities, or any of Kansas' documented exposure sites, our experienced mesothelioma team is ready to fight for your rights within Kansas' unique legal framework.

Why Time Matters in Kansas:

• Two-year filing deadline from diagnosis under Kansas' discovery rule

• 10-year statute of repose can bar product liability claims regardless of when illness develops

• Modified comparative fault allows recovery only if you're 50% or less at fault

• Abolished joint liability means each defendant pays only their share—bankrupt companies cannot be collected from others

What We'll Do for Your Kansas Family:

• Free case evaluation to determine all available compensation sources within Kansas' legal limitations

• Immediate trust claim filings using our proprietary database of Kansas exposure sites

• Strategic lawsuit preparation designed around Kansas' Daubert standard and comparative fault rules

• Expert navigation of Kansas' damage caps and repose periods to maximize recovery

Get started today. Our Kansas mesothelioma team understands both the industrial history of the Sunflower State and the specific challenges of Kansas' legal framework—and we're ready to put that expertise to work for your family.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS