Accident and injury claims account for a large portion of civil cases listened in state courthouses, including those in Kansas. FindLaw’s section on Kansas accident and injury laws contains detailed information on what to do and what to expect after a car accident, including the process for settling an accident claim. There’s also information on workers’ compensation laws, how Kansas courts determine negligence, what “pain and suffering” damages are and how they’re calculated, and an outline of the state’s civil statute of limitations, which limits the time you have to file a claim.
Find Out More About Kansas Accident and Injury Laws
Kansas Negligence Statutes
Explanation of the legal theory of carelessness, which include how it is defined and applied in Kansas civil claims, as well as the elements of a negligence claim and how comparison negligence is ascertained. You can Click here for more details.
Kansas Automobile Accident Compensation Laws
The fundamentals of Kansas laws governing how compensation is determined in car accidents where the other party is at fault, which include harm limits and attributable negligence rules.
Kansas Pain and Afflicted Damages
Pain and suffering damages in Kansas injury claims are discussed in detail, including what they entail, how damages are calculated, pain and misery damage limits, and other related issues.
Timeline for Kansas Car Accident Settlement
Summary of the Kansas car accident settlement process and timeline, including information on trying to report the accident and minimum coverage prerequisites.
Kansas Civil Limitation Statute
A list of the various time limits, or statutes of limitations, for civil claims and actions in Kansas, along with an explanation of why these time limits are imposed and how they work in practice.
Kansas Time Limits Injury Claims Cases
In Kansas, you have two years, according to Kansas Statutes section 60-513, to file a personal injury lawsuit against the person (or persons, or entity) you believe is responsible for the underlying incident or accident. If you miss this deadline, you will almost certainly lose your right to seek legal redress for your injuries. If you file your lawsuit after the filing deadline has passed, the court will almost certainly dismiss your case.
Damages Caps in Kansas Personal Injury Cases
Kansas has a statute limit to the amount of damages that an effective plaintiff in a personal injury lawsuit can be awarded. Losses such as “pain and suffering” and other non-economic damages are limited under this cap (Kansas Statutes section 60-19a02) to:
$250,000 for injuries sustained after July 1, 1988 but prior to July 1, 2014.
$300,000 for injuries sustained after July 1, 2014, but before July 1, 2018; $325,000 for injuries sustained after July 1, 2018, but before July 1, 2022; and $350,000 for injuries sustained after July 1, 2022.
Keep in mind that these caps do not apply to “economic” damages such as compensation for past and future medical treatment, lost income (past and future), and other easily quantifiable losses resulting from the injury.
The Complaint has been filed and Served on the Defendant.
After establishing the existence of a valid case, the plaintiff’s attorney will file a personal injury complaint in the appropriate civil court. The complaint is the first official publication in the case, outlining the plaintiff’s allegations in great detail (what the defendant did, how the plaintiff was harmed, etc.). The plaintiff’s attorney will have a month or more after the complaint is filed to pinpoint the defendant and “serve” the complaint on him or her. Serving the complaint entails physically delivering it to the accused in a way that can be verified, ensuring that the defendant cannot later claim ignorance of the lawsuit. Along with the dispute, the service papers will specify the date by which the defendant must “appear” in court.
Also read: Things You Must Do for a Successful Car Accident Claim
Conclusion
The majority of personal injury cases are settled before going to trial. Even before filing the complaint, the parties can settle and end the case at any point in the process described above. Learn about the personal injury settling bargaining process and how to get the best settlement possible. If you’re considering filing a personal injury lawsuit, it’s a good idea to consult with an attorney about your situation (and the best course of action). Learn how to find the best personal injury lawyer for you and your case.