Personal Injury Law in Kansas
Under Kansas personal injury law, proof that the defendant was at fault due to their own recklessness is required. There must be proof that the incident caused the suing party losses in order to be successful in a personal injury trial.
The comparative negligence law in effect in Kansas states that a person partially responsible for an incident can still collect losses, but the percentage of responsibility for the incident must be subtracted from the compensation received. However, Kansas’s modified comparative fault rule states if a person is 50 or more percent responsible they can’t collect anything. If multiple parties are responsible for the suing party’s losses, they all must share the compensation due based on their percentages of responsibility.
In a consumer product personal injury lawsuit in Kansas, strict liability law is in effect. In order to win a personal injury lawsuit in these kinds of cases in Kansas, there must be proof that the product was flawed, directly resulting in the harm of the consumer. To have a successful result in a personal injury lawsuit over a flawed consumer product, the plaintiff must also prove that they were correctly using the product.
If the suing party is found to be eligible for compensation, they are entitled to a number of things, these include: all medical bills, all wages lost, any monetary or non-monetary loss directly relating to the incident, personal injuries, and personal property damage. Kansas limits the amount the suing party can receive from non-monetary losses to $250,000. There is no limit on monetary losses.
In the case of medical malpractice, consulting a medical expert is the best way to go. A medical expert in the field of the incident can help you figure out exactly what went wrong and how to handle the situation.
The statute of limitations in Kansas for personal injury cases is two years, meaning that if there is no lawsuit filed within the first two years after the incident then there cannot be a lawsuit. Consult a qualified Kansas Personal Injury Lawyer to see if you have a valid case before entering into any kind of lawsuit.
The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.
Major Cities/Towns in Kansas: