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Kansas Personal Injury

Kansas Personal Injury Laws

In This Section:

Kansas laws about personal injury can be different from what you think. Statute of limitations, negligence factors, and proving fault can be easily misunderstood. Get a Kansas lawyer in your corner to help you successfully file your personal injury claim. We highlight some basics about injury law in Kansas to help you get started.

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Kansas Statute of Limitations

(How long do I have to file a claim in Kansas?)
The statute of limitations in Kansas is basically 2 years. This time applies to personal injury (negligent conduct) claims, product liability claims, medical malpractice claims, and even wrongful death claims. Though there could possibly be some exceptions, this is the basic rule for statute of limitations. If the personal injury case is of "intentional conduct", the time is 1 year.

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Kansas Car Accident?
Kansas is a No Fault State

This rule applies to car accident cases in Kansas. "No fault" basically means the injured party can only file lawsuits for serious injuries (ask an attorney for specifics on "serious injuries"). And if you have medical bills you have to claim this through your own personal injury protection insurance coverage.

Kansas follows the 50% rule

A modification of the comparative negligence rule, which means that you can only sue if you are responsible for 50% or less of the accident. So, as an example, if you are responsible for 43% of the accident you can legally sue. An experienced Kansas lawyer can help you prove negligence.

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Are there Damage Caps in Kansas Injury Law?

(How much could I possibly get for damages?)
Damage caps usually refer to negligence from medical malpractice like doctor or hospital error. There is a non-economic damage cap at $250k in Kansas. Non economic caps refer to pain and suffering, mental problems, and lack of enjoyment of life.

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