Looking for a Kansas personal injury lawyer you can trust? Call RP Legal Group today.
Have you had a car accident — perhaps a collision with one of Kansas’ 6.15 million+ cows (we kid you not)? While you can’t sue the cow for carelessly crossing the road, you can hold its owner liable.
RP Legal Group is equipped to handle all types of Iowa personal injury cases, no matter how complex or unusual. We proudly assist clients in Topeka, Kansas City, Wichita, Joplin, Overland Park, and other KS cities. Call us at (888) 340-7454 for your free consultation now.
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What To Know About Filing a Personal Injury Lawsuit in Kansas
You want compensation for your truck accident or dog bite but don’t know where to start. Below, learn everything you need to know about filing deadlines, caps on damages, and negligence laws in Kansas.
Kansas’ Comparative Negligence Rule
Suppose you’re at the grocery store and decide to check your text messages while browsing the aisles. Because you’re distracted, you don’t notice the jar of pasta sauce busted on the floor. You slip in the mess, fall, and hit your head.
The store tries to say that you’re liable for the accident. If it can prove that you’re 50% or more at fault, you cannot recover any damages.
This is due to Kansas’ modified comparative negligence rule. If there’s any chance that you’re partly liable, contact a Kansas personal injury lawyer to learn how liability might impact your case.
Personal Injury Filing Deadlines in Kansas
Kansas has a general two-year deadline for filing a personal injury claim (Chapter 60, Art 5, § 60-513). The deadline applies to:
There’s an exception if you don’t realize that you’re injured right away. In this case, the statute of limitations starts when you discover the injury (or should have reasonably discovered it).
There is, however, a “statute of repose” that limits how long you have to sue regardless of the discovery rule. For medical malpractice, the statute of repose is four years. For other kinds of personal injury cases, it’s 10 years.
What if you’ve had a car accident? Kansas is a no-fault insurance state, meaning your personal injury protection (PIP) coverage pays for medical bills and lost wages. You have two years from the date of the accident to make a PIP insurance claim.
You can sue the at-fault driver if you have a serious injury that incurs more expenses than what PIP will pay. You have 18 months from the date of the accident to do so.
Kansas Damages Caps
Like several other states, Kansas caps the amount of non-economic damages you can recover for personal injury cases. Non-economic damages are currently capped at $350,000.
How To File Your Claim in Kansas
Filing a personal injury claim is a bit complicated, so it’s smart to hire an attorney who’s a member of the Kansas Bar Association to handle it for you. If you want to do it yourself, you must file a petition with the district court where the accident happened or where the defendant lives. Find the district court for your county here.
Your petition must include:
- All parties involved in the case
- When, where, and how the accident occurred
- Why you believe the defendant is responsible
- Your injuries
- Your desired remedy
Once you’ve filed the petition, a process server must serve the defendant with a copy of the petition and a summons to appear in court.
For a free legal consultation with a Personal Injury lawyer serving Kansas, call 888-340-7454
What Types of Cases Does RP Legal Group Handle?
RP Legal Group attorneys handle everything from truck and car accidents to animal attacks. Here are a few examples of cases we can assist with:
- During surgery, Debra’s doctor left a surgical tool in her body. Months later, she’s suffering from serious pain.
- Alex’s neighbor assured him his puppy was friendly. When he reached to pet the animal, it bit his hand, causing an injury that required multiple stitches.
- Evie’s landlord failed to clear the ice off the sidewalk after a nasty winter storm. She slips, falls, and breaks her leg.
Learn more about us, then call RP Legal Group for representation today.
Personal Injury Lawyer Near Me 888-340-7454
Why Hire RP Legal Group for Your Claim?
With so many law firms, choosing the right one for your case can be difficult. Here’s why RP Legal Group should be your first pick:
- Your first consultation is 100% free. Additionally, you don’t pay a penny unless we win compensation for you.
- We can connect you with a highly rated attorney no matter where in Kansas you live. Whether you’re in Kansas City or live on a rural cattle farm, we’re here for you.
- Our live chat feature makes it easy to talk with a lawyer near you. We’re available 24/7, including nights, weekends, and holidays.
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Talk With a Kansas Personal Injury Accident Lawyer Now
Ready to learn about your legal options? Call RP Legal Group at (888) 340-7454 for a free consultation with a KS personal injury lawyer now.
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Frequently Asked Questions
Learn more about personal injury in Kansas below.
Can You Sue the Kansas Government?
You can sue the state of Kansas or any of its municipalities, but the process differs from other personal injury suits. First, you must provide notice of your claim to the governing body or clerk of the municipality. You can’t file a lawsuit until either 120 days have passed or the municipality denies your claim.
How Does Kansas’ Modified Comparative Negligence Work?
Under Kansas’ modified comparative negligence rules, a court can reduce your compensation by your amount of fault. For example, if you’re 40% at fault, you can recover 60% of your damages.
What Evidence Do I Need for Personal Injury?
Evidence for personal injury claims may include witness statements, proof of lost wages, copies of medical bills, and police reports. Your Kansas personal injury lawyer will help you collect the evidence you need for your case.
For a free legal consultation with a Personal Injury lawyer serving your area, call 888-340-7454