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Listeria Contamination Fears Prompt Expanded Recall

October 27, 2013 - Topeka-based Reser's Fine Foods has expanded a recent recall of certain chicken, ham and beef products due to a possible listeria contamination. (MORE)

Product Recall Information

November 1, 2013 - Sno-cone machines, blenders and baby blankets are part of this week's list of recalled products. (MORE)

Your Kansas Personal Injury Legal Resource

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If you have been injured by another person, contact a lawyer immediately to learn how much your case is worth. Your time may be limited; an experienced Kansas personal injury attorney can help you avoid exceeding the statute of limitations, and help maximize the compensation you receive for your injuries.

This guide to Kansas personal injury laws will discuss important factors you need to consider if you or a loved one has been harmed. For more information, speak with a Kansas personal injury attorney from our network of experienced lawyers.*

After You Are Injured

  • Take care of your injuries immediately
  • Contact a lawyer
  • Document all injuries and any damage to property (get copies of accident reports, take pictures, keep receipts and invoices, keep notes of new symptoms, document time off from work, etc.)
  • Get information from witnesses (phone numbers, addresses, statements, etc.)
  • Open a claim with the other person's insurance company
  • Do not give any statements to anyone other than the police before speaking with a lawyer
  • Do not sign any releases of liability or potential claims before speaking with a lawyer

Statute of Limitations

You have a limited amount of time to file your personal injury claim in Kansas. The statute of limitations dictates how long you have to file the claim with the court after you are injured. In some cases, the statute of limitations starts when the person becomes aware of the injury or should have become aware of the injury (the Discovery Rule). Kansas statute of limitations laws may differ from those of other states.

Kansas Statute of Limitations Laws
Type of Claim: Statute of Limitation:
Negligence (car accidents, slip and fall, toxic torts, etc.) 2 years
Assault or Battery 1 year
Defamation 1 year
Strict Liability 2 years
Products Liability 2 years
Wrongful Death 2 years

Types of Claims: Who Is Liable?

Negligence

The person or company who was negligent is liable. However, Kansas uses a legal doctrine called modified comparative negligence to assign fault. This system of assigning fault has two important aspects to it. First, the injured party may recover only if he or she is less than 50 percent at fault. Second, if the injured party was also negligent, the original negligent party is only liable for the percentage of damages he or she caused.

For example, if you are in a car accident where the person who hit you ran a red light while you were speeding, the jury can find that running the red light was 80 percent negligent while your speeding was 20 percent negligent. You will only be rewarded 80 percent of your total damages. However, if the jury found that your speeding was 55 percent negligent, then you would not be able to recover any compensation at all.

Assault or Battery (Intentional Torts)

The person who deliberately caused the injury is liable.

Defamation

The speaker or writer of the negative statement and anyone who repeats that statement is liable.

Strict Liability

The person or company engaging in the dangerous activity — or who has, in some way, helped to put the product on the market (see below) — is liable. In strict liability cases involving damage caused by an animal, the person or company responsible for the animal is liable.

Products Liability

Anyone who has had a role in putting the product on the market could be liable. Frequently, though not always, this person or company must be someone involved in the sale of the product in the regular course of business.

Wrongful Death

Whoever would be liable for the activity that caused the death is liable.

Damages You May Receive

  • Reimbursement for medical treatment and lost wages
  • Reimbursement for damage to or loss of use of property that occurred as a result of the injury
  • Loss of consortium (loss of services of your spouse: income, companionship, child care, etc.)
  • Money for emotional distress and/or pain and suffering
  • Injury to reputation
  • Punitive damages (money given as punishment)

Limitations on Damages

Generally, there are no limitations on damages you receive that compensate you for your injuries (such as reimbursement for medical expenses and lost wages), although some limitations do exist in certain situations. However, your estimation of damages must be reasonably certain, especially for those damages projected for the future, such as future medical expenses or future lost wages.

Your non-economic damages, or those damages that are not based on money you actually paid, are more subjective and may be limited by statute or by circumstances of your situation. These damages may include pain and suffering and the loss of the services and companionship of your spouse. In Kansas, damages for pain and suffering cannot be more than $250,000.

Punitive damages may be awarded when the behavior of the person that injured the victim was willful, fraudulent, or malicious. In Kansas, punitive damages cannot be greater than the highest gross annual income of the defendant in the five prior years or $5 million, whichever is less, unless the court determines that to be inadequate. There may be some exceptions to these limits.

Special Kansas Insurance Provision

For car accidents, Kansas has a special system called no-fault insurance that requires the owners of all registered vehicles to carry car insurance that compensates them for injuries they sustain in a car accident, regardless of whether or not they are at fault. Under this system, drivers involved in accidents are reimbursed for their injuries by their own insurance companies. However, you may still receive compensation from the party at fault for any monetary losses your insurance company does not cover. For non-monetary damages, you may receive compensation for damages if you have an injury serious enough to permit a tort (personal injury lawsuit).

*State and federal laws in the United States are constantly changing. This guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.

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