When you are involved in a personal injury claim, one of the important concepts that come into play is comparative fault. This concept is used to determine who is responsible for the injuries and damages that have occurred. Comparative fault essentially means that the responsibility for an accident or injury can be shared by multiple parties. This concept is applied in many states, including Kansas.

How Does It Work?

In Kansas, comparative fault laws allow the court to assign a percentage of responsibility to each party involved in the accident. This means that even if you are partially responsible for the accident, you can still recover damages, though your total compensation will be reduced by the percentage of your own fault.

For example, if you were involved in a car accident and the court found that you were 25% at fault for the accident, your compensation would be reduced by 25%. If the total damages awarded were $100,000, you would receive $75,000 (the full amount minus 25%).

Types of Comparative Fault

Kansas follows a modified comparative fault system. This means that if you are more than 50% responsible for the accident, you cannot recover any damages at all. However, if you are less than 50% responsible, you can recover damages, though they will be reduced by the percentage of your own fault.

There are two different types of comparative fault systems: pure contributory negligence and modified comparative negligence. In pure contributory negligence states, if you contribute even 1% to the accident, you cannot recover any damages. On the other hand, modified comparative negligence states allow you to recover damages as long as you are not more than 50% responsible.

How Comparative Fault Affects Your Claim

As mentioned earlier, comparative fault can affect your personal injury claim in Kansas. If you are partially responsible for your injuries, it can reduce the amount of damages you are entitled to. However, it does not necessarily mean that you cannot recover any damages at all.

When dealing with comparative fault, it’s important to have a good personal injury attorney on your side. Your attorney can help you prove that the other party was more responsible for the accident than you were. They can also help you negotiate a fair settlement that takes your percentage of responsibility into account.

Conclusion

Comparative fault is an important concept to understand if you’re involved in a personal injury claim. In Kansas, it’s used to determine the percentage of responsibility for an accident that each party holds. Understanding how comparative fault works can help you better navigate the personal injury claims process and ensure that you receive a fair settlement.