Personal Injury Lawyers in Kansas

Personal injury law, in short, allows victims to recover compensation if they got harmed by another. Most personal injury claims arise due to the negligence of the at-fault party. For example, if a reckless driver caused your car accident and injury, you could have a case against them.  

Individuals could also have a personal injury case if they were physically attacked or assaulted by another. Thirdly, lawsuits can arise due to “strict liability,” such as defective product claims. A manufacturer may not have acted negligently or willfully in causing a victim’s damages. However, if a defective product causes an injury, the victim could sue a manufacturer or other responsible party.

Some of the more common cases we see in Kansas are slip and falls, car accidents, and work accidents. 

Premises Liability - Slips and Falls 

Property owners and lessees must provide a reasonably safe environment for their guests and customers. This includes maintaining the premises to a good standard and promptly fixing any hazardous conditions, or at least warning of them. Therefore, if you suffered injuries due to a property owner’s negligence, you could be entitled to compensation. Slips and falls can happen anywhere in Kansas, including in:

• Restaurants and bars
• Hospitals
• Shopping centers and malls
• Parking garages
• Offices and other work sites
• Government buildings

Our dedicated personal injury lawyers can advise you comprehensively and help you navigate the legal system if you suffered a fall injury.

Motor Vehicle Accidents 

Motor vehicle accidents are responsible for many fatalities and injuries each year. According to the Kansas Department of Transportation (KSDOT), there were 361 traffic fatalities, and 13,353 individuals suffered injuries in car crashes in the state in 2019. While car accidents can occur for various reasons, including bad road design and vehicle defects, many crashes happen due to the negligence of other drivers.

If someone else caused your accident, for example, by speeding, driving intoxicated, violating road laws, or for other reasons, you could have a claim against them or their insurance company. 

Work Accidents

Kansas workers have one of the highest fatality statistics in the country. According to the Kansas Department of Health and Environment (KDHE), the rate of fatal work-related injuries in the state is 5.3 per 100,000, which is significantly above the national rate of 3.5 fatalities per 100,000 workers. 

If you got injured at work, you are generally entitled to workers’ compensation benefits. However, damages such as pain and suffering or reduced life enjoyment are not available with workers’ compensation insurance. If you suffered harm due to your employers’ gross negligence, or a third party’s fault, such as another contractor, you could potentially file a personal injury lawsuit and recover damages in addition to workers’ compensation benefits.

Other Personal Injury Cases

Potentially, any incident or accident that happens due to another’s fault could qualify as a personal injury case, including but not limited to: 

• Assault and attacks
• Dog bites
• Nursing home abuse and neglect
• Gross medical errors
• Defective products or drugs
• Nursing home neglect and abuse
• Boating and aviation accidents

While it can be disadvantageous to file a personal injury case before you have recovered or reached maximum medical recovery, waiting too long can be a mistake too. According to the Kansas Statutes section 60-513, individuals who suffered a personal injury can generally only file a lawsuit within two years after their injury occurred. The same two-year deadline applies if your loved one died as a result of an accident and you are considering filing a wrongful death lawsuit. 

Although there are some rare exceptions, waiting too long could leave you unable to recover any compensation from the responsible party. A personal injury attorney can help you determine the appropriate timing for legal action, dependent on your specific accident, injury, and circumstances.

While compensation will depend on your specific accident and circumstances, you could potentially recover:

Medical Expenses

You could be entitled to all medical expenses arising from an accident injury now and in the future. Awards can include but are not limited to:

• Surgeries and other medical treatments
• Costs of medication and medical devices
• Rehabilitation therapies
• Specialist appointments
• A home health aide
• Modifications to your home and vehicle

Lost Wages

Depending on the extent and permanence of your injury, you could be entitled to lost wages due to your injury. You could also recover future expected loss of wages. 

Other Compensation

Generally, victims of accidents could be entitled to a range of damages, including property damage, out-of-pocket expenses, and non-economic damages such as:

• Pain and suffering
• Emotional anguish
• Reduced life quality
• Disability

In rare cases, when a defendant acted particularly recklessly or deliberately harmed an individual, the victim could receive punitive damages in addition to compensation.

If an accident happened due to your own carelessness or inattention, you generally do not have a personal injury case. However, you could potentially file a lawsuit if:

• Someone else caused your accident negligently or deliberately
• You suffered an injury as a result of the negligence or willful action
• You have incurred medical bills, lost income, or other damages 

If you suffered harm in an accident, consider consulting with a personal injury lawyer in Kansas to find out about your legal options. You could be entitled to compensation.

Determining what your case is worth can be complex. First, you will need to add up all monetary damages such as medical bills, wage loss, and out-of-pocket costs related to the personal injury. However, you may also have suffered physical pain and suffering, emotional distress, loss of life quality and other so-called “non-economic damages” as a result of your injury. These subjective damages can be difficult to value in monetary terms. 

A personal injury lawyer from our firm can analyze your case and provide you with the approximate worth of your damages. Knowing the value of your case is crucial for negotiating a fair settlement with the liable party. If you do not know what your case is worth, including all past, present, and future expected damages, you risk leaving money on the table.

Your first step after getting hurt should always be seeking medical attention to protect your health and legal rights. If you can, try to take photographs or videos of the accident scene and obtain the contact details of any witnesses and parties to the accident. 

It is important to be mindful of what you say at the accident scene and afterwards. Concentrate on exchanging only necessary information. Under no circumstances admit any fault or apologize for anything, even if it feels natural to do so. Unfortunately, an innocent remark could be interpreted as an admission of fault for the accident. 

Setting up a free consultation with a personal injury attorney as soon as possible after your injury can be an excellent idea to find out about your legal options and the next best steps.

In many cases, harmed individuals are able to recover an out-of-court settlement from the responsible party’s insurance. Data from the Bureau of Justice Statistics (BJS) shows that most personal injury claims are resolved with a settlement and never go to trial. However, as with all lawsuits, there is no way of telling whether your case will end up at a trial. 

Having to battle for what you deserve in court can be more likely if the responsibility for your accident is unclear, there is a lot of money at stake, or an insurer is dragging its heels and denying your claim. In some cases, a trial can be necessary to fight for what you deserve. A seasoned personal injury lawyer can protect your rights and fight tirelessly for your due, whether in or out of court.

If you have a percentage of fault in your accident, compensation can be impacted. You could still recover damages, depending on the facts of your case. However, under the Kansas comparative fault law, a victim that is 50 percent or more at fault for an accident cannot recover any compensation. 

If you have less than 50 percent fault in an accident, you can potentially recover damages reduced by the percentage of fault assigned to you. Getting what you deserve can be more complicated when you are partially to blame for the accident. You have to be prepared to fight the other party, attorneys, and the applicable insurance company. 

If your case makes it to trial, a judge or jury will assign your percentage of fault. Having a personal injury lawyer in Kansas in your corner can be crucial and ensure that the other side is not taking advantage by assigning you a higher degree of fault.

A release document is a form that individuals have to sign when they accept an out-of-court settlement. The victim “releases” the defendant and their insurance company of any further legal claims by signing this document. It is important to note that a release document typically covers all potential defendants, including those that were not involved in the original claim or lawsuit.

Without signing the release form, the insurance or at-fault party will not issue your settlement check, so correct and timely signing can be in your own best interests. However, do not sign the release form in haste and ensure to discuss the document with your attorney who can advise you and protect your legal rights.

In most cases, you do not pay your attorney out of your own pocket. Instead, they will take their fee as a percentage of your final settlement amount. It is important to note that with a so-called “contingency agreement,” you are not responsible for paying an attorney anything if you lose your case.  

However, some lawyers charge hourly fees or upfront retainers so always ensure to discuss fees with your potential lawyer before signing an agreement. Morgan & Morgan’s personal injury lawyers do not collect their fee unless and until you win. We work on a “no-win-no-fee” basis which means that you incur no financial risks, and your attorney will be highly motivated to achieve the best possible outcome.

Our committed personal injury lawyers have helped the injured for more than three decades and collected over 20 billion for our clients. We can take the burden off your shoulders by handling your personal injury claim from beginning to end while you are healing. Ways in which we can help include:  

• Making sure you get adequate medical care
• Collecting evidence of the other party’s negligence
• Assessing your damages and future expected damages 
• Providing the necessary expert witnesses to strengthen your case
• Negotiating a settlement with an insurance company
• Fighting vigorously for what you deserve at trial

The sooner you act, the sooner you could receive a settlement and start rebuilding your life. Morgan & Morgan’s experienced Kansas personal injury lawyers are ready to help. Contact us today for free to find out about your next best steps.