If you were injured in a car accident in the state of Kansas due to someone else’s negligence, you may have the right to receive compensation for your injuries. However, if you were also negligent, your own contributory negligence may determine the amount of damages you are able to receive under Kansas’ comparative negligence law.
Criteria for Personal Injury Cases
If you were injured in a car accident, and want to establish a strong personal injury case, you must establish the following criteria:
- Duty: A driver has the responsibility to behave responsibly on the road and not drive in a negligent manner
- Breach: If a driver operates a vehicle in a negligent or reckless manner, the driver will have breached that duty.
- Causation: A victim must prove that his or her injuries were suffered as a direct result of the negligent driver
- Damages: A victim must prove that he or she suffered physical, emotional, or financial harm.
Negligence
Negligence is a legal standard that indicates that one person acted in such a way that was below a legally required standard of care, which resulted in someone suffering injuries as a consequence of their negligence. When someone is determined to be negligent, he or she will be held responsible and liable for any damages that are a result of that negligence.
Comparative Negligence
In some cases, the victim’s actions may have partially caused their own injuries due to their own negligence. The conduct of the victim in these cases is considered to be contributory negligence. The state of Kansas has a comparative negligence standard, which weighs how much the victim’s negligence contributed to his or her own injuries, and that same percentage is applied to the amount of compensation the victim is allowed to receive.
As long as the amount of contributory negligence by the victim is considered to be less than the other negligent party’s, then the victim will be allowed to sue for compensation. If the victim was 50% or more to blame for the accident, then he or she will be barred from filing a lawsuit against the other party.
It is always important to visit with an experienced personal injury attorney, as the determination of fault percentages can be legally complex. Typically, if a case goes to trial, the judge or jury will determine the percentage of negligence by each party. If the case is settled instead of going to trial, the attorneys representing both parties will make a determination regarding comparative negligence percentages.
If you were in a car accident in the state of Kansas and believe you may have been partially responsible for the accident, never visit with insurance companies or make any statements of guilt to the other party in the accident before visiting with an experienced car accident attorney.
Contact an Experienced Personal Injury Attorney
If you were in a car accident in the state of Kansas, contact an experienced personal injury attorney even if you believe you may be partially liable for the accident. You have the right to receive compensation for your injuries including medical bills, lost wages, and other damages if someone else was negligent or reckless on the roadways. Contact our legal team at Griggs Injury Law at (816) 474-0202 for a free consultation today.
