Slip and fall accidents rank among the leading causes of serious injuries in the U.S. every year. They account for more fatalities than any other cause of accidental death, except car crashes.
Slip and fall accidents frequently result in severe injuries, such as traumatic brain injury, spinal cord damage, hip fractures, and torn rotator cuffs. Sometimes these injuries last for years or even for a lifetime. They almost always incur a heavy financial burden.
When someone is first injured in a slip and fall accident, getting rapid medical attention must be their top concern. Before long, however, the medical bills spin out of control, and it becomes clear that enlisting experienced slip and fall lawyers to help you collect compensation is a necessity rather than an option.
If you have delayed for months to begin the process of filing your claim, you may be wondering how long the statute of limitations is in Kansas for slip and fall accidents. In Kansas, you have 2 years from the "date of injury" to file a personal injury lawsuit. If your injury was undetectable for some time after the fall, however, the clock starts running from the "date of discovery" instead.
You will need to file a formal complaint at the Kansas District Court located either in the county where you were injured or in the county in which you currently reside. The filing process can be quite complex and tedious, but slip and fall lawyers familiar with Kansas injury law and local court procedures can guide you through the filing stage with ease.
The exact amount will, of course, vary from case to case, but Kansas law entitles you to compensation for all economic damages incurred, including loss of income and lost future earning capacity. You can also be reimbursed for pain and suffering, though a limit of $250,000 applies. Finally, if the defendant was not only negligent but knowingly so, you may be able to add punitive damages up to five times the defendant's annual income or up to the limit of $5 million.
Be aware, however, that Kansas has a "comparative fault rule" that can reduce your claim if you are found to be partially at fault for your own injuries. If you are deemed 20% at fault, then you can only collect 80% of your claim. If you are 50% or more at fault, you cannot collect anything.
Insurance companies and defendants will likely assert that you are, in fact, at fault, in order to reduce your claim. Without expert legal help, low-ball offers and endless foot-dragging are tactics insurers may use, but skilled slip and fall lawyers can negotiate from a position of strength.
Brad Pistotnik has deep experience in handling slip and fall litigation in the state of Kansas. He has helped thousands of injured Kansans collect millions of dollars in compensation throughout his long and successful career.
If you or a loved one has been injured in a slip and fall accident due to the negligence or misconduct of others, call Brad Pistotnik Law 24/7 at 1-800-241-BRAD or at 316-684-4400 for a free legal consultation. You can also call Brad on his cell phone by dialing 316-706-5020.
Pistotnik Law is based in Wichita, KA, and serves the whole state, including such municipalities as Dodge City, Liberal, Garden City, Hays, Emporia, Topeka, El Dorado, Abilene, Colby, and Kansas City.
Brad Pistotnik Law, P.A.
10111 East 21st St
Wichita, KS 67206