Kansas Personal Injury Overview
Kansas personal injury lawsuits can include cases stemming from a wide variety of accidents and incidents including auto accidents, medical malpractice, defective construction, pharmaceutical injuries, and much more.
The basic concepts of personal injury are the same across the country, but the details vary from state to state.
The first thing you need to know is how long you have to file. The time limit is called the statute of limitations. In Kansas, the statute of limitations for most personal injury cases is two years, but you should not wait until the last minute to get started on your case. Once that time limit expires, if you have not filed, you will have given up your right to be heard in court.
For more in depth information about time limits in Kansas read our Kansas Statute of Limitations page.
You may still have a case, even if you were partly to blame
Many people make the mistake of assuming that they cannot receive compensation because they contributed to their own injury in some way. Kansas follows the doctrine of “modified comparative negligence.” This means that as long as you are less than 50% responsible for your injuries, you can still receive compensation.
If you were injured by a defective product, your case will fall under product liability. Defective products are often the true cause of injuries which at first appear to be other types of accidents. For instance, and auto accident can be caused by a defective vehicle rather than the fault of either driver. Defective drugs may cause harm which is thought to be caused by medical malpractice. An experienced personal injury attorney can help you determine which type of case you should pursue.
The majority of personal injury cases involve negligence on the part of the responsible party. You do not have to prove that the defendant intended to cause you harm, but merely that:
- The defendant failed to use reasonable care
- That failure was the cause of your injury
- You suffered damages
Compensation for personal injury in Kansas can include:
- Medical expenses
- Lost wages and earning capacity
- Disability and/or disfigurement
- Emotional distress
- Property damage
- Expenses incurred as a direct result of your injury
Punitive damages are determined by a judge rather than the jury. In most cases, they cannot exceed the defendant’s gross annual income or 50% of the defendant’s net assets, up to $5,000,000.
When there is more than one responsible party, in Kansas, each responsible party pays according to their share of the blame, and cannot be held responsible for the other party’s portion, even if the other party fails to pay.
Personal injury laws vary from state to state. If you believe you have a personal injury claim and you live in Kansas, please contact one of our Kansas personal injury lawyers for a free claim evaluation.