Personal Injury Law in Kansas City, KS

Were you hurt due to another’s negligence in Kansas City? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Kansas City, KS can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Kansas City relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Kansas City, KS

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

• Car Accidents
• Slip and Fall
• Dog Bites
• Medical Malpractice
• Workplace Accidents
• Burn Injuries

Most Common Injuries in Kansas City 

The Kansas Department of Health states that while injuries and mortalities were down by 1% from the previous year, both rates are still higher than the national average. Auto accidents are one of the main culprits for injury and death in Kansas, making up 25% of recorded fatalities. Unintentional falls were also significant, making up 11%. A city with a higher population, such as Kansas City, can open you to a greater chance of unintentional accidents and injury.

Steps in a Personal Injury Lawsuit in Kansas City, KS

Once you determine that you wish to proceed forward with a personal injury action in Kansas

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations, and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

Over 90% of personal injury cases end as a result of a settlement. This could happen when you first come before a judge, or during the mediation process. If your case does go to trial, a judge or jury will be the ones to decide what settlement, if any, is rendered.

Kansas Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

Settlements in Kansas City vary on average due to the many circumstances surrounding each individual case. Factors such as the severity of the injury and the degree to which you are at fault frequently determine the size of a settlement. However, it should also be noted that Kansas Statutes state that a lien can be placed against your settlement for medical services rendered.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in KS, that means you risk not receiving any compensation at all.

Damage Awards in Kansas

If your Kansas personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific.

Kansas has several damage caps in place for personal injuries, depending on when the injury took place. If the injury happened between July 2014 and July 2018 the cap is set at $300,000. If it took place between July 2018 and July 2022, the cap is set at $325,000. Any injury taking place after July 2022 has a cap of $350,000.

Statute of Limitations in Kansas City, KS Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

Kansas City residents have 2 years from the date of the injury to file their personal injury claim against the responsible party. If this time limit lapses, you will find yourself beyond the statute of limitations and most likely will have your claim rejected.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury.

Work With an Experienced Kansas City, KS Lawyer

Pursue a personal injury claim in Kansas City against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Kansas state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!