If you or a loved one has been impacted by a personal injury due to the negligence of another party, having a highly skilled and empathetic legal ally is key. At Monge & Associates, our team of experienced Wichita personal injury lawyers are devoted to ensuring victims of accidents secure the justice and compensation they are entitled to.
With an in-depth knowledge of Kansas laws and a strong record of successful verdicts and settlements, we are determined to fight and defend our clients’ rights. Whether the injury is from a car accident, slip and fall occurrence, or any other personal injury event, we stand ready to provide the guidance and representation you require during this difficult period.
Trust Monge & Associates to help navigate these turbulent times. Contact us today for your free consultation and start the path to obtain the justice you deserve.
Wichita Personal Injury Resources
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How is Personal Injury Litigation Handled?
Types of Personal Injury Claims
What is Comparative Fault?
Is There a Cap On The Amount I Can Recover?
What is the Statute of Limitations?
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How is Personal Injury Litigation Handled in Kansas?
In Kansas, “personal injury” refers to any harm or damage caused to an individual’s body, mind, or emotional well-being as a result of someone else’s negligence, recklessness, or intentional actions. Personal injuries can occur in a variety of ways, such as car accidents, workplace incidents, slip and falls, medical malpractice, defective products, or even assault. These injuries can range from minor cuts and bruises to severe injuries, including broken bones, spinal cord damage, traumatic brain injuries, or even wrongful death. Wichita personal injury cases typically involve seeking compensation for medical expenses, pain and suffering, lost wages, disability, and other related damages. Legal recourse in personal injury cases allows victims to hold the responsible party accountable and seek financial compensation for their losses.
What Types of Personal Injury Claims Occur Frequently?
There are several common types of personal injury law claims that individuals may pursue when they have suffered harm due to someone else’s negligence or wrongdoing. Some of the most frequent Wichita personal injury law claims we see at Monge & Associates include:
- Car Accidents: Motor vehicle collisions, including car, truck, motorcycle, or pedestrian accidents, often result in significant injuries and property damage. Victims may seek compensation for medical expenses, lost wages, pain and suffering, and vehicle repairs. A Wichita car accident attorney can help you evaluate your legal options after a crash.
- Slip and Fall Accidents: These occur when someone slips, trips, or falls due to hazardous conditions on someone else’s property, such as wet floors, uneven surfaces, or inadequate maintenance. Property owners may be held liable for resulting injuries.
- Truck Accidents: When a car, biker, or pedestrian is struck by a commercial vehicle, serious or fatal injuries frequently occur. Large trucks weigh substantially more than most motor vehicles and can cause catastrophic damage. Contact a Wichita truck accident lawyer if you or a loved one were involved in a collision with a commercial vehicle.
- Medical Malpractice: If a healthcare professional or facility fails to provide the appropriate standard of care, resulting in injury or worsened medical condition, victims may pursue a medical malpractice claim. This can include misdiagnosis, surgical errors, medication mistakes, or birth injuries.
- Product Liability: When a defective or dangerous product causes injury or harm to a consumer, the injured party may seek compensation from the manufacturer, distributor, or retailer. This can include defective machinery, pharmaceuticals, household products, or vehicles.
- Workplace Accidents: Employees injured on the job may be eligible for workers’ compensation benefits, but in cases where negligence by a third party contributed to the accident, a personal injury claim may be pursued to seek additional damages.
- Premises Liability: Property owners have a duty to maintain safe conditions for visitors. If someone is injured on another person’s property due to inadequate security, unsafe conditions, or insufficient maintenance, a premises liability claim may be filed.
Can I Still Recover if My Actions Lead to the Personal Injury?
In Wichita, personal injury claims are subject to a comparative fault system, which is also known as comparative negligence. Comparative fault determines how damages are allocated when multiple parties share responsibility for an accident or injury.
Under the comparative fault system, each party involved in the incident can be assigned a percentage of fault based on their contribution to the accident. This percentage represents the degree to which they are deemed responsible for the resulting injuries and damages.
Kansas follows a modified comparative fault rule with a 50% bar. This means that an injured party can still recover damages as long as their percentage of fault is equal to or less than 50%. However, if the injured party is found to be 51% or more at fault, they may be barred from recovering any compensation.
When determining the amount of compensation to be awarded, the injured party’s recoverable damages are reduced by their assigned percentage of fault. For example, if the injured party is found 20% at fault and the total damages awarded amount to $100,000, their recoverable damages would be reduced by 20% to $80,000.
Is There a Cap On The Amount I Can Recover?
Generally, there are two types of damages: economic and non-economic damages.
Economic damages generally refer to measurable losses such as medical expenses, lost wages, and property damage. Wichita does not have specific damage caps for economic damages in personal injury claims.
Non-economic damages, which include pain and suffering, emotional distress, and loss of enjoyment of life, may be subject to caps in certain cases. Non-economic damages are subject to a statutory cap if the court determines that the damages exceed a certain threshold. The cap for non-economic damages in Kansas personal injury cases is approximately $325,000. However, exceptions may apply in cases involving catastrophic injuries, such as permanent disability or disfigurement, where the cap may be raised.
Is There a Statute of Limitations in Wichita Personal Injury Claims?
In Wichita, the statute of limitations for personal injury claims typically follows the state’s general statute of limitations. The statute of limitations for personal injury cases in Kansas is two (2) years from the date of the injury or accident.
It’s important to understand that the statute of limitations sets a strict deadline for filing a lawsuit. If you fail to initiate legal proceedings within the specified timeframe, you may lose your right to seek compensation for your injuries.
However, there are certain circumstances that can affect the statute of limitations. For example, if the injury is not immediately discovered or is a result of medical malpractice, the clock may start ticking from the date the injury was discovered or should have reasonably been discovered.
>Contact Our Wichita Personal Injury Lawyer Today
If you or a loved one have endured an avoidable accident, our Wichita personal injury lawyer at Monge & Associates is here to help. We will effectively navigate the intricate landscape of state laws, fiercely safeguard your rights, and relentlessly seek the compensation you rightfully deserve.
Whether the injury has resulted from a car accident, a slip and fall incident, a workplace accident, or any other form of personal injury, we will fight to get you the best outcome possible for your claim. Don’t delay in getting the justice you deserve. Contact us today at Monge & Associates for your free consultation and begin your journey towards recovery and justice.