In any accident involving two or more parties, each party bears a certain percentage of the fault. Comparative fault is the legal tool used to determine how much fault each person bears. Each state has its own way of dealing with the way fault is compared.
“In Kansas, we have modified a comparative fault rule,” said Mike Wyatt, personal injury lawyer at Mann, Wyatt & Tanksley Injury Attorneys. “That means if the plaintiff is either as at fault or more at fault for the accident than the tortfeasor, then the plaintiff cannot recover any damages.”
However, before you can file a claim or lawsuit, it’s important to understand the other parts of Kansas law that may prevent you from doing so. Kansas has “no-fault” auto insurance laws that state that if you’re injured in an auto accident, all parties must first turn to their car insurance coverage for medical bills and certain other out-of-pocket expenses. There are certain criteria you must meet in order to file a liability claim or lawsuit. You must exceed your personal injury protection insurance limits and have suffered a “serious injury.”
Online legal library, AllLaw.com, explains Kansas law dictates that a “serious injury” includes:
- Permanent disfigurement
- Fracture of weight-bearing bone
- Compound, comminuted, compressed, or displaced fracture of any bone
- Permanent injury, or
- Permanent loss of body function
If you are involved in an injury car accident and your injuries meet one or more of these criteria, you can proceed to file a lawsuit against the other driver or drivers in the crash.
Contact A Wichita Personal Injury Lawyer Today
If you’ve recently suffered a personal injury as the result of a car accident in Wichita, contact Mann, Wyatt & Tanksley Injury Attorneys today. Our more than 75 years of combined litigation experience has helped us make sure clients receive the compensation they deserve. Compensation could cover medical treatment, rehabilitative care, lost wages from time take off work, future lost income for disabling injuries, property damage, pain and suffering, or emotional trauma.