Kansas has a number of applicable statutes that may be important in your personal injury case. It’s important to understand these rules completely in order to get collect the maximum allowable damages.
Time Limits- According to Kansas statutes sections 60-513, you have two years to file a personal injury lawsuit against the persons or entities you consider responsible for your injuries. Suits filed after this time limit will immediately be dismissed. Therefore you must retain counsel immediately.
Damage Caps- The state of Kansas has placed statutory limits on non-economic damages such as ‘pain and suffering’. The limits have been periodically adjusted over the years. These limits only apply to non-economic damages and do not include medical costs or other financial losses that can be linked to the injury.
$250,000 for injuries incurred between July 1, 1988 and July 1, 2014
$300,000 for injuries incurred between July 1, 2014 and July 1, 2018
$325,000 for injuries incurred between July 1,2018 and July 1, 2022
$350,000 for injuries incurred on or after July 1, 2022
Insurance- Kansas uses a ‘no fault’ rule in auto accident cases. This means that almost all claims must be filed through your personal insurance, regardless of fault. In order to file a liability claim or lawsuit for your personal injury claim, your injury must meet one of the following criteria.
Fracture of a weight-bearing bone
Compound, comminuted, compressed. Or displaced fracture of any bone
Permanent loss of a body function
Owner Liability for injury caused by Dog or Other Animal- Owners will be held accountable if it can be proven that they should have known their animals were dangerous. They can also be found to be at fault if it can be proven that the owner was negligent and failed to make a reasonable attempt to control the actions of the animal.
Comparative Fault- The state of Kansas will reduce the damages an injured party can collect if the injured party is found by the court to be partially or fully responsible for the accident. Kansas law requires that this rule be applied in all cases where parties share fault for the accident. This rule is also applied by insurance adjusters when claims are filed through your insurance company.
Contact us for representation in Kansas.