What to Expect When Filing a Personal Injury Lawsuit in Kansas

Thousands of people are injured in a Kansas car accident or other incident every year. Do you know what to expect when filing a personal injury lawsuit in Kansas? You may be surprised by what takes place after you start the legal recovery process.

Who Is Eligible to File a Personal Injury Lawsuit?

Elements Victims Must Prove in a Personal Injury Case

Kansans who are impacted by others’ negligent choices and actions can file a personal injury lawsuit to recover financial compensation. Car accidents are a common type of personal injury lawsuit. However, compensation is also available for victims of slip and fall cases, motorcycle wrecks, dangerous consumer products, and other situations.

No matter the type of injury accident, every personal injury case requires the victim and their attorney to prove four basic elements:

1. Another Person Owed You a Duty of Care

First, you must establish that someone else involved in the incident had a legal obligation to act in a certain way. For example, doctors have a duty to provide their patients with reasonably competent care. Truck drivers have a duty to drive their rigs in accordance with federal and state laws and regulations. Ordinary people owe others a duty to behave in a reasonably safe way.

2. The Other Person Breached the Duty of Care

Next, the evidence must show that the other person breached or violated that duty of care through negligent or reckless conduct. Negligence includes any act that a reasonably cautious individual would not commit. Reckless behaviors are those that consciously disregard a risk of harm to others. Violating laws and regulations are common examples of negligent breaches.

3. The Other Person’s Negligent Acts Caused the Accident and Your Injuries

You have the burden of establishing not just that the other person was careless but also that their carelessness caused your injuries. If the accident would have happened and you would have been injured no matter what the other person did, your lawsuit will not succeed.

4. You Need Financial Compensation for Your Losses

Finally, you must prove to the court the amount of financial compensation you need to be made whole after your injuries. You can seek reimbursement for your medical and hospital bills, lost wages, continuing healthcare needs, and damage to your property. You can also seek compensation for intangible losses like pain and suffering.

Contact Palmer Law Group at (785) 233-1836 to schedule a consultation and discuss your legal rights after an accident.

From Filing to Verdict: The Steps in a Kansas Personal Injury Lawsuit

A Skilled Personal Injury Lawyer Can Help You Along the Way

No matter the type of accident that caused your injury, the following things are true once you file your case:

• You will remain in frequent contact with your attorney.
• Your case may advance irregularly, with bursts of activity followed by weeks of inactivity.
• You will need to help your attorney gather evidence and respond to discovery requests.
• Either you or the other party can commence settlement negotiations at any time.
• A trial is the only way to obtain compensation from a defendant if you cannot settle your case.

From the time you file your lawsuit, it can take weeks to months before your case gets resolved. Pursuing compensation is more of a marathon than a sprint.

Before Your Case Is Filed

Before you or your attorney can file a personal injury lawsuit, an investigation must take place. At the end of the investigation, you will have a much clearer picture of what you are able to prove. This step is critical because if you cannot prove each of the four elements, then your case will not succeed.

Filing Your Case and Serving the Other Party

Next, you will prepare your petition and file it with the Kansas district court where either the other party resides or the accident happened. Your petition will set forth the facts you believe entitle you to compensation and the amount of damages you are seeking. This petition must then be served or delivered to the other party in accordance with the law.

The Defendant’s Answer

Once they have been served with your petition, the other party (the defendant), has a certain length of time to answer. The standard time within which to answer a lawsuit is 21 days, although this may be extended in certain situations. The answer is the defendant’s opportunity to respond to your claim and raise any claim they have against you.

Discovery

If you or the defendant are clearly entitled to a certain judgment, the court may make such a ruling if requested by one party or the other. Otherwise, the case proceeds to the discovery phase. During this stage, you and the defendant will exchange evidence and information about your claims and the support for them. This stage can last several months in complex cases.

Pretrial Proceedings

At any time, you and the defendant may enter into a settlement agreement that resolves your claim. In a typical settlement, the defendant pays you a sum of money as compensation in return for your dismissing your lawsuit. If you and the defendant cannot reach a settlement, there may be one or more hearings in your case as you approach your trial date.

Trial

Your trial will be before a judge or jury who will hear the evidence in your case and reach a verdict. You must prove that all elements of your case are more likely than not true before you can receive compensation.

The Benefits of Experienced Legal Counsel

Having a qualified Kansas personal injury lawyer representing you can help your case move through the various stages more quickly and with fewer delays. Your attorney will handle much of the day-to-day management of your case and help you make informed decisions about the overall goals of your lawsuit.

Have you been hurt in Kansas because of another person’s carelessness? Contact Palmer Law Group today at (785) 233-1836.