Personal Injury Attorney in Lawrence, KS
Before pursuing a personal injury claim, you need to be sure you have a valid case. However, knowing what classifies as valid is not always as easy. Understand your legal options and be certain of the validity of your case by contacting a qualified Lawrence personal injury lawyer.
What Is Personal Injury Law?
In Lawrence, personal injury law allows accident victims to seek monetary compensation if someone’s negligence caused them physical harm, property damage, financial losses, or other compensable harms. If it can be established that the negligent actions were the direct or proximate cause of the accident or injury, the victim may be able to recover monetary awards in the form of economic and non-economic damages with a successful personal injury claim. A lawyer can help facilitate the recovery process, handle negotiations with insurance companies, and ensure you meet all deadlines and other requirements for a successful claim.
Personal injury cases are built around the idea of negligence. Negligence can take many different forms and hinges upon what a reasonable person would have done in the same situation. Negligence is the term used for any action or inaction that falls outside the standard of reasonable care that should have been exercised during the circumstances. However, in order to prove negligence, it must first be established that a duty of care was owed to the victim. Some examples of individuals or entities who owe people a duty of care are:
- Drivers
- Manufacturing companies
- Governmental bodies
- Business owners
- Property owners
- Medical professionals
- Nursing homes
Individuals or entities who are legally responsible for exercising a standard of care to prevent harm but behave in ways that fail to meet those standards can be held liable for damages. Personal injury law helps accident victims hold the negligent party responsible for their actions.
Common Cases That Fall Under Personal Injury Law
The most known personal injury case related to motor vehicle accidents can include:
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Car accidents
However, many types of accidents can fall under personal injury, depending on the circumstances. Other cases that also fall under personal injury are:
- Medical malpractice
- Workers’ comp
- Product liability
The type of personal injury case you have is important to understand before trying to pursue compensation. It’s easy to make mistakes when filing a personal injury claim, and those mistakes can be used against you. Even a small error can be used to deny your claim, and you risk losing your right to compensation. Work with a skilled lawyer who can ensure you meet all the requirements necessary to have a strong case and ensure the best possible outcome.
Important Kansas Personal Injury Laws and Statutes
Like in other states, laws govern when, why, and how victims can file personal injury claims in Kansas. Some of the most important ones to know are:
Deadlines for Filing a Claim
It’s essential for victims to know the statute of limitations for their type of personal injury claim to avoid missing the deadline and risking their chance to recover compensation. Kansas is strict on statutes of limitations because it’s meant to encourage victims to file their claims as soon as possible to preserve evidence. In a general personal injury claim, where no more-specific statute of limitation applies, you have two years from the date of the accident to file a lawsuit in court. However, some types of personal injury claims are subject to much shorter statutes of limitation, so it is important to consult with an attorney as soon as possible to determine which limitation period applies.
Shared Fault
Some personal injury cases are not as cut-and-dry as one party being 100% responsible for the accident. In some cases, the injured party holds some percentage of blame for the accident. Since Kansas is a modified comparative negligence state, as long as the victim is less than 50% responsible for the accident, they can still recover partial compensation. However, under comparative negligence, the victim’s damages (compensation award) will be reduced by the percentage of fault they had in the accident.
Claims Against the Government
When a person’s injury results from a government agency or employee’s negligence, the case is slightly different from a typical personal injury claim. There can be different filing requirements and the limitation periods are sometimes much shorter than for claims against private entities. Tackling a claim against a governmental body or employee is inherently more complicated, and it’s better to have the experience and skill of a personal injury attorney by your side.
