Although our attorney, David Adams, primarily specializes as a personal injury attorney in Overland Park, Lenexa, Olathe, and Kansas City, KS. The laws throughout the state of Kansas are pretty consistent when it comes to personal injury cases, however, we always recommend you seek professional legal consultation from somewhere in your city or metro area who has experience in personal injury law first. See our tips below and visit http://www.olathelaw.com/ for more information on The Law Office of David S. Adams in Olathe, KS!
- if you are injured by a negligent person (driver, dog-owner, etc.), they may create even more problems for you by then filing bankruptcy. Initially, this does not prevent you from still dealing with their insurance company about resolving your claim, but if a personal injury lawsuit were to become necessary, it can get even more complicated for both parties involved.
- Loss of happiness or peace of mind from one’s life is a part of so-called “non-economic” damages that are allowed in an injury claim. A conservative juror often does not like placing a value on something so difficult to value. Sometimes someone receives a painful injury right before a long-planned vacation, overseas trip, or family getaway. Being unable to enjoy such a trip (or summer vacation), or participate in all that was anticipated, and planned out, will be valued only if the juror can be properly helped to see that they would want to be fairly compensated if it happened to them.
- A school district in Kansas is liable for injuries to a student during a sporting or recreational activity only if the negligence of the school is deemed “gross and wanton.” K.S.A. §75-6104(o) Kansas Tort Claims Act. Other injuries at school hours would likely be subject to a general negligence assessment.
- "Slip and fall" personal injury cases are very tough in the state of Kansas as there is no recovery unless the property owner was more than 50% at fault for the fall. Even when a store has a slippery condition on the floor, if a jury finds both parties 50% at fault for the fall, there is no recovery. The State of Missouri does not have this threshold, only Kansas for the KC metro area.