Personal injury cases can be overwhelming — from medical bills piling up to negotiations with insurance companies — especially if you're unfamiliar with the legal system. If you're injured in Kansas or Missouri, understanding how personal injury payouts work can help you take the right steps toward recovery and fair compensation.
Understanding Liability and Fault
Missouri follows a pure comparative negligence rule. This means you can still recover damages even if you were partly at fault. For example, if you are found to be 30% responsible for the accident, your compensation will be reduced by that percentage.
Kansas, on the other hand, follows a modified comparative negligence rule with a 51% bar. If you are more than 50% at fault, you cannot recover damages. If you're 50% or less at fault, your compensation will be reduced according to your level of responsibility.
Statute of Limitations and Damage Caps
In Kansas, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. Missouri gives you five years for most personal injury cases. However, certain types of claims, such as medical malpractice, may have different time limits.
Kansas has damage caps on non-economic damages in some cases, particularly medical malpractice. Although under the statute, Kansas still has a non-economic damages cap; the Supreme Court declared the cap unconstitutional for most cases. Missouri caps non-economic damages in medical malpractice cases at $450,000, but generally does not cap compensatory damages in other types of personal injury cases.
Types of Damages You Can Recover
Economic damages include medical expenses, lost wages, property damage, rehabilitation costs, and other financial losses. Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. Punitive damages may also be available in cases involving gross negligence or intentional misconduct.
Dealing with Insurance Companies
Insurance companies often offer low initial settlements. A personal injury attorney can help you gather evidence — such as medical records, photos, and expert opinions — to support your claim and negotiate a better offer. Studies show that represented clients tend to receive significantly higher settlements than those who go it alone.
Settlement vs. Trial
Most personal injury cases settle out of court. However, if a fair settlement can’t be reached through negotiations, your attorney can file suit.
If you've been the dedicated team at Castle Law Office is here to help. We can handle the communications, protect your rights, and fight for the maximum compensation you deserve. Contact us today: www.castlelaw-kc.com/contact.cfm
