According to online legal library FindLaw.com, negligence occurs when you don’t meet your duty to act or refrain from acting in a way that compromises the safety of those around you. In a negligence court case, the plaintiff claims that the defendant chose to act or not to act in a way that breached their duty to uphold the standard of care. They further claim that this breach caused injury or damage to the plaintiff. In these kinds of cases, the defendant can argue that both parties were partially responsible. This is called comparative negligence.
“Comparative negligence is a legal defense a defendant can raise to minimize the plaintiff’s ability to cover damages for the accident by claiming that the plaintiff shares negligence,” said Jesse Tanksley, personal injury attorney at Mann, Wyatt & Tanksley Injury Attorneys.
Kansas has modified comparative negligence laws. That means if a jury decides that a plaintiff is 49% or less at fault in the accident, they can recover the percentage of the damages for which the defendant is found to be responsible (51% or more). However, if the jury finds that the plaintiff is 50% or more responsible for the injuries they sustained, they cannot collect damages, no matter the severity of their injuries.
In Search of Wichita Personal Injury Lawyers?
If you’ve recently suffered a personal injury as the result of a car accident in Wichita, contact Mann, Wyatt & Tanksley Injury Attorneys today. With decades of combined litigation experience, we work hard to ensure you get compensation for:
- medical treatment
- rehabilitative care
- lost wages from time take off work
- future lost income for disabling injuries
- property damage
- pain and suffering
- emotional trauma