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Kansas follows the 51% rule of modified comparative negligence when it comes to personal injury cases involving negligent drivers. So what does this mean for those who have been in an accident? Well, it means that if you are found 51% or more at fault for your injuries, you cannot recover compensation.
Time limits The most common claim in a personal injury case is negligence and the time limit for this is 3 years. This means that court proceedings must be issued within 3 years of you first being aware that you have suffered an injury.
Negligence: personal injury claims for negligence (most car accidents, slip and fall injuries, premises liability claims, etc.) have a statute of limitations of two years from the date of injury.
Statutes of Limitations in Kansas Code SectionKansas Statutes Annotated § 60-501 et seq.: Limitations of ActionsInjury to Personal PropertyTwo years (K.S.A. § 60-513(a)(2))Professional MalpracticeTwo years from reasonable discovery, four years maximum (K.S.A. § 60-513(a)(7))TrespassTwo years (K.S.A. § 60-513(a)(1))7 more rows
For crimes not specifically listed in the statute, a general statute of limitations of five years applies for all crimes (felonies, misdemeanors, and infractions).
In a modified system, such as Kansas', the plaintiff can only recover if they were only about half at fault. Some states say the plaintiff can recover as long as 50% or less at fault, others say 49% or less. Kansas is a 49% or less recovery state.
If the PIP benefits do not cover your entire medical expenses, you may be able to seek compensation from the insurance provider of the at-fault motorist. This is only permitted in Kansas if you can prove at least one of the following: You have been seriously injured, or. Your medical expenses exceed $2,000.
(a) The driver of any vehicle involved in an accident resulting in injury to, great bodily harm to or death of any person or damage to any attended vehicle or property shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, but shall then immediately return to and in every ...