Though we are in an age of abundant information at our fingertips, myths and rumors about the legal process still persist.
Do not rely on what you may have heard from a friend or family member. Every case is different. Double-check the facts about negligence and personal injury so you have a solid expectation of how your case may pan out.
Myth #1: Kansas law has a strict definition of contributory negligence
False. Laws governing contributory negligence are very strict in some states. In these places, any negligent contribution of your own to your injury invalidates the personal injury claim. In Kansas, you can still get personal injury compensation even if the injury was partially your fault. According to the Kansas Legislature, statute § 60-258a states that “the award of damages […] must be reduced in proportion to the amount of negligence attributed to that party.” This means that as the legal process unfolds, the parties will present evidence about who caused which aspect of the injury. Compensation will follow this determination.
Myth #2: Most personal injury cases in Kansas go to trial.
False. It is more often the case that the two parties reach a settlement. The parties negotiate this outside of court. Rather than leave it up to a jury or a judge in open court, it often benefits both parties to hammer out an agreement about the extent of the at-fault person’s negligence and the personal responsibility of the injured person.
It is worthwhile to stay the course with your negligence claim so that you can secure the settlement you deserve.