Subscribe To This Site
Kansas Personal Injury LawThe following summary of Kansas personal injury laws and explanations of case types will help you understand important aspects of injury claims in this state.Kansas Statute of Limitations:Personal Injury cases: For general personal injury, the statute of limitations is 1 year for intentional conduct, 2 years for negligent conduct and in no event more than 10 years from discovery.Medical Malpractice claims: 2 years from discovery of the injury, but no more than 4 years after the injury occurred. Products Liability cases: 2 years for negligence or strict liability cases. Caps on Personal Injury Awards in Kansas:In any personal injury action, non-economic damages are limited to a total of $250,000 per plaintiff.Kansas Serious Injury Threshold:There is a serious injury threshold in the state of Kansas. A party’s economic damages must reach $2,000.00 before they can file a lawsuit or submit a claim.Kansas is a No Fault state and follows the modified comparative – 50% negligence doctrine. This means that a party can only recover if he or she is 49% or less at fault. Personal Injury Claims & Theories of Liability in Kansas:Wrongful Death: If a victim is killed as a result of the negligence of another, the negligent party may be liable for wrongful death of the victim.Medical Malpractice Claims: When a medical professional or hospital fails to exercise that degree of care and skill required of a medical provider, they can be held responsible for the damages of the plaintiff. Slip and Falls: If a property owner is negligent and a personal injury occurs in which an individual slips, trips, falls and is injured on the property, the property owner may be liable. Auto Accidents: These injuries occur when a negligent driver causes an accident due to his/her conduct. Kansas follows the modified comparative negligence theory, therefore the plaintiff can only recover if they are less than 50% at fault. Product Liability: If a product fails to perform in the way in which it was designed and results in injury or death, the manufacturer or distributor is usually strictly liable to the injured party. Workers' Compensation: Kansas is a compulsory state therefore employers are required to carry workers compensation insurance. In the event that an employee is injured while working, the employer will be responsible for compensating the injured party provided the injury occurred during the scope of employment. For More Information Check out these sites: Kansas State Government Website Kansas State Insurance Commission Return from Kansas Personal Injury Law to all Personal Injury Laws Return from Kansas Personal Injury Law to Personal Injury Claims How Much Is Your Case Worth? Find out NOW! Complete this form for a FREE case review by an experienced attorney... The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter. Click below to read our full User Agreement, Disclaimer and Copyright Information.
 |
