If you or your child have gotten hurt while visiting a playground, you may wonder if you have legal rights to obtain compensation. Knowing your rights and the appropriate course of action is paramount, whether the injury is due to a fall from a faulty swing or a cut from improperly maintained equipment. We can provide you with a comprehensive overview of what to know and prepare for before filing a playground injury lawsuit, aiming to make the path ahead a little less daunting.Â
Let’s embark on this informative journey together, ensuring that if the unfortunate need arises, you are well-equipped to advocate for the safety and rights of your family. At Hollis Law Firm, our Kansas City child injury lawyers focus on representing individuals who have been harmed by other parties’ negligent actions, ensuring a deep understanding of both the legal and scientific dimensions of these cases. We pride ourselves on our ability to stay ahead in scientific research that could impact our cases and the safety of consumers. We encourage you to contact us for assistance with your case.
Understanding Comparative Negligence in Kansas
Most states utilize comparative negligence in personal injury claims, including cases set around injuries received at a playground. By using comparative negligence, the court assigns a certain percentage of fault or responsibility to every party involved in the incident. This percentage determines how much compensation every party can receive for their claim. However, Kansas uses modified comparative negligence.
With modified comparative negligence, only parties who do not receive a majority of the responsibility can receive compensation. Therefore, if a party receives 50% or more of fault during litigation, they cannot recover any financial recovery for their losses.
For example, in an incident where a child gets hurt while visiting a playground due to unkempt equipment and damage to play structures, the court may assign 80% liability for the claim. Maybe the child’s parent receives 20% responsibility for overlooking a dangerous situation while watching their child.Â
If the family faces $50,000 in damages for the incident, they could receive up to $40,000. This is because their 20% responsibility is subtracted from the total amount. The playground owners would not be able to receive any compensation because they were found to be 80% liable.
What Compensation Can You Expect?
Depending on the circumstances of your case, you can likely receive more compensation than you initially realized. In most personal injury claims, including those involving playground injuries, you can receive compensation for the following losses:
- Pain and suffering
- Reduced earning capacity and lost wages
- Property damage
- Past and future medical expenses
- Funeral costs
- Court costs and attorney fees
- Change in lifestyle or loss of enjoyment of life
- Loss of consortium
- Emotional distress
- Punitive damages
Other losses also frequently qualify for compensation, so more financial recovery may be available to you. We encourage you to work with a lawyer, such as one from Hollis Law Firm, to improve your odds of receiving fair and total compensation for your losses. We can help identify other qualifying damages, estimate the value of your claim, and negotiate with other parties to help you obtain the maximum compensation available. Please get in touch with us to retain our invaluable support during your time of need.
You Deserve Complete Compensation: Contact Hollis Law Firm to Retain Outstanding Support in Your Playground Injury Claim
Navigating the complexities of filing a playground injury lawsuit in Kansas can be overwhelming, but you don’t have to do it alone. At Hollis Law Firm, we understand the intricacies of such cases and are here to guide you through every step of the process. Our firm is dedicated to advocating for the rights and well-being of those affected by the negligent actions of others, ensuring that you receive the comprehensive legal support you need to pursue justice and compensation.
If you’re considering legal action due to a playground injury, reach out to us for a consultation. We’ll discuss the specifics of your case, provide you with the information you need to understand your options, and craft a strategy tailored to your unique situation. Contact Hollis Law Firm today at (800) 701-3672 or complete our contact form to learn more about how we can help you navigate the legal landscape and work toward a favorable outcome.
