Kansas Personal Injury
If you were hurt in an accident in Kansas due to another's fault, you may eligible to receive monetary compensation for your injuries. The recovery is intended to reimburse for past and future medical bills, past and future lost income, and pain and suffering damages.
Types of Personal Injury Cases in Kansas
Personal injury typically refers to mental, emotional, and physical injuries and harm to a person's body caused by the negligence of another person. These resulting injuries can take a variety of forms along a continuum of severity. At the minor end of the spectrum, an injured party may experience a contusion, sprain, or strain. At the more severe end of the spectrum, an individual may experience devastating and dire injuries, such as paralysis, disfigurement, and even death. It is important to note the field of personal injury law does not encompass any sort of damage, loss, or destruction to personal or real property, such as a car or house.
Personal injuries happen in a plethora of ways. Often, the causes of such injuries include the following triggers:
- car accidents
- truck accidents
- aircraft accidents
- railroad crossing injuries
- dangerous highway designs
- environmental accidents
- product liability matters
- medical malpractice matters
These are just examples among many others.
How Is Fault Determined in Kansas Personal Injury Cases?
In order to collect monetary recovery as a result of a personal injury case in Kansas, the state's law mandates a plaintiff must establish negligence on the part of the defendant. A successful litigant must demonstrate the following elements:
- Duty. The party who caused the injuries or harm (defendant) had a legal duty or responsibility not to cause injury or harm to another.
- Breach. The defendant failed to meet the legal duty or responsibility not to harm another party.
- Causation. There is a causal connection or nexus between the defendant's legal duty or responsibility, her breach of that duty, and the ultimate injury or harm caused to a plaintiff by the defendant's breached duty.
- Damages. The plaintiff did indeed suffer damages, harm, or losses, such as physical injury, financial loss, or other forms of harm, as a result of the accident that occurred.
Kansas Has Adopted the Modified Comparative Fault 50 Percent Bar Rule
Like 11 other U.S. states, Kansas Courts have adopted the modified comparative fault 50 percent bar rule. Under this rule, an injured or damaged party is not able to recover damages in a personal injury suit if he or she is 50 percent or more at fault for his or her harm or injury. However, if the plaintiff is 49 percent or less at fault for his or her harm or injury, then he or she is able to recover. Note, however, the ultimate damages recovered are going to be lessened in accordance with the proportion of fault.
Find a local Kansas personal injury attorney today
Whether you live in Wichita, Kansas City, Topeka, Olathe, or elsewhere in Kansas, a personal injury attorney can assist in presenting and evaluating legal options, alternatives, remedies, and potential sources for recovery. If a Kansas personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.