Personal Injury Case Types In Manhattan Kansas

Injured platintiffs that are hurt in Manhattan will often have their case established based on a wide range of theories of liability. For instance, a common theory of liability in injury cases is negligence. A negligence theory of liability in a personal injury case carries an allegation of among other things, that the individual or entity that caused the injury acted in a way that was negligent, and breached a duty that was owed to the injured plaintiff. 

In Kansas, and as provided in Mills v. City of Overland Park, 251 Kan. 434, Syl. ¶ 4 (1992), a "tort" is a violation of a duty owed by law. For example, in a car accident case for injury damages, the court will often evaluated the duty that was owed to drive safely, and whether or not that duty was breached by the Defendant driver. The extent of that breach may or may not have an impact on the case depending on several factors. 

Modified Comparative Fault in Kansas Injury Cases 

Kansas negligence cases are often evaluated utilizing the modified comparative fault standard. This standard focus on the share of fault among the associated parties after an injury has occured. For example, consider Driver A gets into a car accident in Manhattan Kansas and is injured. Driver A is rear ended by Driver B on a Manhattan roadway. In that scenario, the Modified Comparative Fault standard would like be utilized to evaluate the distribution of blame and ultimate recovery of Driver A's damages. 

KS Stat § 60-258a (2015) provides as follows:

a) Effect of contributory negligence.  The contributory negligence of a party in a civil action does not bar that party or its legal representative from recovering damages for negligence resulting in death, personal injury, property damage or economic loss, if that party's negligence was less than the causal negligence of the party or parties against whom a claim is made, but the award of damages to that party must be reduced in proportion to the amount of negligence attributed to that party.  If a party claims damages for a decedent's wrongful death, the negligence of the decedent, if any, must be imputed to that party.

Contact our Mahattan Kansas Personal Injury Lawyers To Start Your Case 

Contact our injury attorneys today at 816-631-2868 for a free consultation on your injury case.