Suffering an injury can impact your life in multiple ways. You may experience physical or emotional pain, be forced to miss work for days, weeks, or months, deal with neverending medical bills, and struggle to get to numerous doctor’s or physical therapy appointments.
Financial concerns often become pressing, especially if you’re out of work and/or have high medical costs. You might feel like you’re working through these challenges alone, but you shouldn’t have to.
If another party’s negligence caused your injuries, you may be able to pursue restitution from the negligent party or their insurance company. Never assume that you don’t have a case—we’ve met people who incorrectly believed they had no claim, yet we were able to help them seek compensation.
When Should You Contact A Kansas Personal Injury Attorney?
As soon as possible after any injury you think might have been caused by someone else’s negligence. If you’re not sure who was at fault or whether another party was negligent, definitely contact a Kansas personal injury lawyer.
We can help you get answers, and your consultation is free, so you have nothing to lose.
Attorney Ali Awad founded the CEO Lawyer Personal Injury Law Firm to help injured people and their families obtain the compensation they need to move forward. Our law firm is always available to provide free consultations, and if we take your case, we won’t charge you anything until we win or settle it.
To learn more, give us a call or chat with us online.
What Is Negligence?
When we say that a person or entity was negligent, what we mean is that they failed to use reasonable care to avoid hurting others. This does not mean that someone is always negligent if a person is hurt.
Reasonable care doesn’t require the elimination of all risks (which isn’t possible in most situations anyway). Sometimes, a person is injured due to unexpected and unavoidable situations, and these are not personal injury cases.
“Reasonable care” is a term that can mean different things in different circumstances. If you get in your car to drive somewhere, for instance, you should avoid careless behavior like speeding or running red lights, as these actions could increase the risk of an accident.
If you’re stocking shelves at a store and notice a puddle, reasonable care might mean cleaning the puddle promptly and placing a “Wet Floor” sign to reduce the risk that a guest could fall.
Are All Personal Injury Cases Based on Negligence?
No, but negligence is the most frequent basis for a personal injury claim. You can pursue a case based on strict liability (in limited situations) or intentional acts.
However, it’s generally much less challenging to prove negligence than it is to prove that someone intentionally acted to harm you. As a result, we may recommend a negligence claim even if you believe the other party behaved intentionally.
Intentional acts that harm others are often criminal, but the burden of proof in criminal court is higher than the burden of proof in civil court.
In a criminal court, a defendant must be found guilty “beyond a reasonable doubt,” or the jury should acquit them. But in a civil trial, a jury is only asked to determine if the defendant is “more likely than not guilty” based on a “preponderance of evidence.”
For this reason, it may be possible to file a personal injury claim even if the responsible party was not convicted criminally for various reasons—the district attorney declined to press charges, the defendant was acquitted, etc. One famous example is the case of O. J. Simpson, who was acquitted on two counts of murder in 1995 but was later sued by the victims’ families.
They were ultimately awarded more than $33 million in damages. However, much of that amount remains unpaid, and one of the plaintiffs is now seeking payment with interest in the amount of $96 million.
What Is Strict Liability?
In Kansas, you can file a defective product claim based on strict liability if your case meets the following requirements:
- A defective condition of the product caused your injuries. There are three types of possible defects: A design defect, in which the product is inherently unsafe due to a flaw in its design; a manufacturing defect, in which the product is normally safe but an error or problem in manufacturing caused specific batches to be produced incorrectly; or a “failure to warn” or marketing defect, which occurs when the manufacturer doesn’t provide appropriate warnings for consumers.
- This defective condition was unreasonably dangerous. As we discussed earlier, it’s impossible to eliminate all risks, so the issue is whether the risk to consumers was unreasonable. This will usually depend on the risk and the situations in which injuries happen.
- The defective condition existed when the product left the defendant’s control. In other words, the manufacturer, distributor, or retailer can’t be held responsible for damage that occurred after they sold or shipped the product elsewhere. Likewise, they are not responsible if the end-user made changes to the product that caused the defective condition.
You can also file a defective product claim based on negligence if there is evidence the manufacturer or another party acted carelessly with regard to customer safety. However, you don’t have to prove negligence if your claim meets the criteria for strict liability.
It’s important to note that there can be multiple liable parties in defective product claims, including, in some instances, the store or retailer that sold the product. If you want to file a claim against the store, you will need to show that they failed to use reasonable care in providing safe products to customers.
In many cases, the retailer will argue that they didn’t know and couldn’t have known the product had a defect when it left the manufacturer or distributor. If there is evidence to support this defense, it may not be worthwhile to sue the retailer, but you could still have a case against the manufacturer.
Is Kansas a No-Fault State for Car Accidents?
Yes, but there are exceptions for severe accidents and injuries. Kansas requires all drivers to purchase Personal Injury Protection (PIP) insurance, which pays for the policyholder’s expenses associated with injuries.
It also covers the policyholder’s family members or other passengers in the vehicle who don’t have their own PIP coverage.
PIP differs from liability insurance in that there is no need to prove who is at fault in the car accident; you simply file a claim on your own insurance, and in most cases, it will be approved. The lack of a fault requirement removes one of the most significant barriers to collecting on an insurance claim—disputes about fault—but other challenges, such as the insurance company undervaluing the claim, still remain.
What does PIP Cover?
PIP will pay for the following expenses due to car accident injuries:
- $4,500 in medical bills not covered by your health insurance.
- $900 per month in disability or lost income insurance for up to one year. In other words, if you are unable to work due to your injuries, you can collect up to $900 per month in lost income to help pay your living expenses.
- $25 a day for non-medical in-home services made necessary by your injuries. Typically, this applies to services like house cleaning, yard work, or other chores you would normally do yourself if you weren’t injured.
- $2,000 for funeral/burial services if the injured person died from their injuries.
- $4,500 for rehabilitation services such as physical therapy or in-patient care at a rehab center.
- Survivor benefits for family members of those who passed in a car accident. These provide up to $900 in lost income and $25 a day for housekeeping or other household tasks the deceased used to do.
Does PIP Cover Pain and Suffering?
No. However, if your car accident meets the criteria for a fault claim, you can seek pain and suffering in addition to economic damages such as medical expenses and lost income not covered by PIP.
What Exceptions Allow You to Sue for a Car Accident Based On Fault?
Kansas’ no-fault law is meant to reduce strain on the courts from numerous lawsuits over minor car accidents. However, in some situations, you can still sue the other driver or make a claim on their liability policy (which is still required in Kansas despite the PIP requirement).
In order to make a claim based on fault, you must have exceeded the limits of PIP coverage for your injuries and have serious injuries.
In this context, Kansas defines “serious” injuries as one or more of the following:
- Permanent disfigurement.
- A weight-bearing broken bone.
- A compound, compressed, or displaced fracture of any bone.
- Permanent injury.
- Permanent loss of a body function.
If you aren’t sure whether your injuries qualify as “serious” based on these criteria, an experienced personal injury attorney can help you learn more and explain your options for recovering damages.
How Does Modified Comparative Fault Affect Your Car Accident Claim?
Modified comparative negligence is a legal doctrine used in many states, including Kansas, to address situations of shared fault in personal injury claims. If your car accident only qualifies for a PIP claim, comparative negligence is irrelevant because PIP insurance applies regardless of fault.
If your car accident was severe enough for an at-fault claim, the situation is different. The other driver’s insurance company could say that you were at fault, either entirely or partially.
Under Kansas law, you can still collect damages so long as your percentage of responsibility is lower than 50 percent, but you will lose your own share of fault from the final award. For instance, if you had $20,000 in damages and were 10 percent at fault, you would receive $18,000.
Unfortunately, the insurance adjuster might overestimate how much fault you have in an accident or assert that you were partially at fault when you didn’t contribute to the accident at all. The average layperson doesn’t know much about calculating fault in a car accident, and many policyholders will simply take the insurance company’s word for it—especially if they still receive some amount of money.
Your attorney will read the police report, ask questions for clarification, and may then investigate the accident further if needed. We’ll compile as much evidence in your favor as possible and then begin negotiations with the insurance company.
Often, the insurance adjuster is willing to revise their estimate after learning how much evidence we have, but if not, we can pursue the matter in court. However, you should know that most car accident cases are settled out of court, and it’s unlikely you will have to endure a time-consuming trial.
What Car Insurance Is Required In Kansas?
In addition to the PIP coverage we discussed earlier, Kansas requires two other types of insurance:
- Bodily injury and property damage liability. The minimum amounts are $25,000 for bodily injury liability per person ($50,000 total per accident) and $25,000 in property damage liability. You can purchase more significant amounts, and this is a good idea if you can afford the premium. Even if you’re a careful driver, it’s possible to make a mistake and cause an accident.
- Uninsured/underinsured motorist (UM/UI). The minimum amounts are the same as for liability insurance, and it’s also beneficial to choose a higher policy limit if possible. If an uninsured or underinsured motorist (or a hit-and-run driver) injures you, this may be your only option for recovering damages.
What if Your Claim Exceeds the Limits of the At-Fault Driver’s Policy?
This is where the “underinsured” part of your UM/UI insurance usually comes in. We’ll review your policy to see how much coverage you have available, and in many cases, we may be able to recover up to the policy limit.
Unfortunately, if you only have the minimum coverage and your injuries are very severe, there may still be a coverage gap.
In these situations, we will explore other options for meeting your needs. Sometimes, a lawsuit against the at-fault driver may be worthwhile, but in other situations, it’s not a good solution.
If the driver has few or no assets and can’t pay the judgment, we probably won’t recommend going through the time and stress of a lawsuit.
Occasionally, we may find another liable party and pursue a lawsuit against them. For instance, if a defective car component worsens your injuries, it might be possible to sue the manufacturer.
Because suing the driver or a third party is only an option in some cases, we’ll reiterate that UM/UI is usually the best solution in these situations, and you should buy as much UM/UI coverage as you can afford.
If a Drunk Driver Hit You and Can’t Pay, Can You Sue a Third Party Under Dram Shop Laws?
No. Sometimes, people ask about this because they may have heard about “dram shop” laws in other states.
Many states allow you to sue a bar or other establishment that provided alcohol to an already intoxicated patron or someone underage if they later cause an accident. However, Kansas does not have any dram shop laws, so your options in this situation are filing a claim on the drunk driver’s insurance, suing the driver, or using your own UM/UI coverage.
What Are Some Other Personal Injury Situations Besides Car Accidents?
Because car accidents are, unfortunately, a very common cause of injury, people often associate them with personal injury lawsuits. Still, there are many other ways to suffer an injury from another party’s negligence.
Some people don’t realize they might have a personal injury case after experiencing an injury, so it’s helpful to keep in mind that the specific kind of accident is less important than whether we can establish fault and negligence.
Here are some everyday personal injury situations that may result in a personal injury claim:
Accidents With Other Recreational Vehicles
Golf carts, ATVs, off-highway vehicles (OHVs), boats, and other recreational vehicles can also result in severe injury or even death. In these situations, there are often multiple potentially liable parties, so it’s essential to speak with an attorney who can help you determine fault.
The person operating the vehicle could be responsible, but the fault could also lie with the vehicle’s owner, the manufacturer, a service professional, the property owner, or the operator of another vehicle.
Premises Liability
If you are injured on someone else’s property because they negligently failed to address or at least warn you about a hazard, you may be able to pursue a claim for premises liability. This is true if you were hurt on private property, like a friend’s backyard, or an organization open to the public, such as a store or park.
Probably the most common type of premises liability case involves a person slipping or tripping and falling—sometimes called a “slip and fall” accident. However, we’ve also seen cases involving falling objects, fire hazards, unsafe equipment, or “attractive nuisances” that injured children.
Negligent security is another frequent type of premises liability that occurs when the property owner fails to take reasonable precautions to prevent crime and protect guests. For instance, if someone breaks into your hotel room and attacks you, the hotel may be negligent if the lock on your door isn’t reasonably secure.
Other cases involve muggings in poorly lit parking lots or customers who were injured during a robbery. The crucial question is whether the business owner took reasonable steps to prevent crimes like these, particularly if the business had been targeted previously or similar crimes had occurred nearby.
If the owner fails to act to protect their guests, you may be able to seek compensation from their business liability insurance.
In cases involving private property, the owner is often someone the injured person knows—frequently a friend, business associate, or relative. For this reason, the injured party may feel uncomfortable filing a lawsuit.
Fortunately, many of these cases are covered by homeowner’s insurance, and we can often resolve them amicably. We encourage you to at least learn your options before deciding not to pursue a claim.
Workplace Accidents
Although most businesses prioritize safety, workplace injuries are still common. These can happen at the injured person’s place of employment or a secondary location where they were performing work for the company.
Everything from a slip-and-fall accident to a car accident could potentially count as a workplace injury if you were on the clock or working for your employer at the time.
Workplace accidents are usually covered by Worker’s Compensation, which is a no-fault system that excludes a lawsuit against the employer in most situations. However, insurance companies that handle Worker’s Comp cases can reject claims for a variety of reasons other than fault, and many people struggle to obtain the benefits they deserve.
If this sounds familiar, please contact a personal injury lawyer who can assist you with filing or appealing a Worker’s Compensation claim or claim denial. At the same time, we’ll review your case to determine if you have grounds for a third-party claim against anyone other than your employer, such as the manufacturer of a defective product.
How Can You Get Help From a Kansas Personal Injury Law Firm?
Please contact the CEO Lawyer Personal Injury Law Firm for a free consultation about your case. We’ll review the details of your accident or injury, ask questions to learn more and answer your questions.
When necessary, we may also investigate the accident or situation further to collect more evidence. If there’s a way to recover damages for your injuries, we’ll find it and explain the options.
Your initial consultation is confidential and completely free, and there is no fee until we win.
Attorney Ali Awad founded the CEO Lawyer Personal Injury Law Firm and transformed it into one of the fastest-growing law firms in the country. With the help of his experienced legal team, he has recovered millions of dollars in compensation for injured people and their families.
When he isn’t busy fighting for clients in the courtroom or negotiating with insurance companies, you can find Mr. Awad on social media, delivering no-nonsense legal advice to more than a million followers.
