When you’ve been injured in an automobile accident or some other type of accident, the future can look bleak. Compensation from a personal injury claim would almost certainly help, but do you even have a case?
Deciding whether or not to pursue a personal injury claim can be a daunting task. Like many, you are likely wondering whether or not you have a claim and what requirements you might have to meet in order to file.
We’ve compiled the information below to help you make this extremely important decision. When determining whether or not you are going to move forward with a personal injury claim, consider the following:
What is the extent of your injuries?
If you have very minor injuries—such as a few cuts or bruises—it may not be worth it for you to make a personal injury claim. In fact, under Kansas law, you must have incurred medical expenses of $2,000 or suffered a permanent injury to be permitted to make a claim. If your injury is very serious or caused a chronic condition or permanent disability, you may want to make a claim.
Who is at fault?
When making a personal injury claim in Kansas, fault is extremely important. Kansas is a “comparative negligence” state. This means that if you were partly at fault for an accident, you are not barred from pursuing a claim—as long as you are less responsible for the accident than the other party. Under comparative negligence laws, your compensation is reduced based on your responsibility (if any) for the accident. If, for example, you were found to be 10% at fault for a car accident (and the other party 90% at fault), your compensation would be decreased 10%.
If you were mostly at fault for an accident, you would not be able to make a personal injury claim under Kansas law. However, if you were only partly (or not at all) responsible, you may want to consider making a claim.
To find out whether or not you have a personal injury case from an experienced attorney, contact Lee, Gurney & Hess.