Personal injury claims arise when one person suffers harm or injury due to the negligence of another person or entity. They can involve car accidents, medical malpractice, slip and fall accidents, and many more. In this article, we’ll take a closer look at the basics of personal injury claims in Kansas.
Table of Contents
Statute of Limitations
If you suffer an injury in Kansas due to someone else’s negligence, you have a limited period of time to file a personal injury lawsuit. This period, known as the statute of limitations, varies depending on the type of injury and the entity responsible. In Kansas, the statute of limitations for most personal injury claims is two years from the date of the injury.
It’s important to file your claim within the statute of limitations, as failure to do so means you may lose your right to compensation.
Comparative Fault
In Kansas, if you file a personal injury claim, the court will consider whether you share any fault for the injury. This means that if you are found to be partly responsible for your injury, your compensation will be reduced accordingly.
Kansas follows the modified comparative fault rule, which means that you can still recover compensation as long as you are not more than 50% at fault. If you are found to be more than 50% at fault, you will not be entitled to any compensation.
Damages
When you file a personal injury claim in Kansas, you can seek compensation for various damages. These include both economic and non-economic damages.
Economic Damages
Economic damages are those that can be calculated and quantified. They include:
- Medical expenses, including hospital bills, medication, and rehabilitation costs
- Lost wages, if you had to take time off work due to the injury
- Property damage, such as damage to your car in a car accident
Non-Economic Damages
Non-economic damages are those that cannot be calculated in monetary terms. They include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Hiring an Attorney
If you are considering filing a personal injury claim in Kansas, it’s important to hire an experienced personal injury attorney. An attorney can help you navigate the legal process, gather evidence to support your claim, and negotiate with insurance companies on your behalf.
Conclusion
Personal injury claims can be complex and time-consuming, but they are an important way for injured individuals to seek compensation for their losses. By understanding the basics of personal injury claims in Kansas, you can take steps to protect your rights and pursue the compensation you deserve.