Personal Injury Law in Kansas

Were you hurt due to another’s negligence in Kansas? 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 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 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

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 

The University of Kansas Medical Center names car accidents as the number one unexpected injury resulting in an emergency room visit for younger adults. In addition, according to the Kansas Department of Health and Environment, falls among older adults are the leading cause of unintentional injury in the state.

Steps in a Personal Injury Lawsuit in Kansas

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.

After you have established your proof of negligence, you can work with your attorney to file a petition with the court. Then you must serve the defendant, await their response, and either come to a settlement, or go to trial.

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.

Kansas Health Matters states that injury is the leading cause of death among citizens aged 1-44. Since injury makes up so much of Kansas’s hospitalization and death rate, settlements are often adjusted according. On average Personal Injury claims in Kansas tend to settle for anywhere between $3,000 and $75,000. However, Kansas does often have lower settlements when compared to other states, due to Kansas contributory negligence laws.

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. 

The Kansas supreme court recently struck down a law that capped non-economic damages. Now there are no caps on either economic or non-economic damages in Kansas.

Statute of Limitations in Kansas 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.

The state of Kansas dictates that you have two years from the date of your accident to file suit for any personal injury claim.

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 Lawyer

Pursue a personal injury claim in Kansas 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!

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