Personal Injury Law in Wichita, KS
Were you hurt due to another’s negligence in Wichita? 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 Wichita, 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 focuses on seeking compensation for injuries caused by another person’s negligence. In these cases, the injured party, known as the plaintiff, aims to recover financial losses, medical expenses, and other damages resulting from the defendant’s careless actions. These cases typically involve both parties’ insurance companies and, in many instances, may be settled before they reach the courtroom.
Examples of Personal Injury Claims in Wichita, 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 Wichita
The Healthy People 2020 target from the federal government was 12.4 deaths per 100,000 population. Unfortunately, the Kansas Department of Health and Environment reports that the state reached 13.3 deaths per 100,000 in 2019. Motor-vehicle accidents alone accounted for 25.2 percent of the 1,578 unintentional deaths from injuries. As one of Kansas’ most populous cities, Wichita accounts for a significant number of these incidents.
Steps in a Personal Injury Lawsuit in Wichita, 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. After depositions and discovery finish for both sides, mediation negotiations can begin. Most cases settle before going to court during this stage. A mediator will conduct sessions that can stretch out anywhere from a day to a few years. When it becomes clear that an agreement cannot happen, it’s time to go to trial in the Sedgwick County Courthouse. To prove negligence in Wichita, Kansas, KS Stat § 60-258a states that a can only be held responsible for 49% of the injuries. Anything above 50% at fault means it is impossible to recover damages from a personal injury claim. 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. Damages for personal injury lawsuits depend on the nature of the case, so don’t set unrealistic expectations that will let you down later. With that said, it’s worth noting that the Board of County Commissioners for Sedgwick County approved a $310,000 settlement after a motor vehicle accident involving an employee in 2020. Calculate your medical costs, out-of-pocket expenses, and lost wages to start setting conservative expectations. 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. 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 state of Kansas no longer places limits or “caps” on damages awarded to plaintiffs that win their cases. In fact, the state Supreme Court ruled in 2019 that they violate an individual’s right to a jury trial in a civil case. 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 Statutes section 60-513 gives people two years after an incident to file a personal injury lawsuit. If you live in Wichita and discover injuries after that time, you won’t have an option for legal recourse. 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. Pursue a personal injury claim in Wichita 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! Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States. With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Answers to legal questions can often lead to more questions. If you’re seeking more about another area of law in Wichita, KS, we’ve got you covered:Kansas Personal Injury Settlement
Damage Awards in Kansas
Statute of Limitations in Wichita, KS Personal Injury Law?
Work With an Experienced Wichita, KS Lawyer
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