Personal Injury

firm overview

Personal Injury

Personal injury law gives an individual the opportunity to take a claim to civil court and get damages for the issues that arise from an incident or accident. The personal injury system allows financial compensation to the injured person after he/she has suffered physical injury or harm due to someone else’s carelessness or intentional conduct.

Examples of different cases that a personal injury case would apply to:

Defective Products

There are three ways in which a product may be defective:

1. a manufacturing defect
2. a warning defect
3. a design defect

A seller of product has a responsibility to use reasonable care in designing, manufacturing and providing warnings and instructions for its products. A product is considered defective if it leaves the seller’s hands in a condition “unreasonably dangerous” to the ordinary user.

Intentional Acts

Intentional acts by insured drivers are not covered by insurance companies. Liability insurance does not guarantee that you will receive compensation from the insurance company. The driver that caused your injuries is fully responsible in intentional acts, and has no backing from his insurance policy even if he has no-fault insurance.

Auto and Truck Accidents

Kansas employs “no fault” car insurance and accident compensation laws. Drivers in Kansas are required to file a claim with their own insurance first. Compensation beyond their own insurance can only be received from the other party after they have exhausted their own coverage while having suffered a serious injury. Kansas defines these serious injuries as follows:

• permanent disfigurement
• permanent injury
• permanent loss of a body function
• fracture of a weight-bearing bone
• compound, comminuted, compressed, or a displaced fracture of any bone

Should you have a serious injury obtained from a car accident, it is necessary to hire a personal injury attorney.

Defamation

Kansas does have criminal defamation laws. However, these cases do have a higher standard of proof for a conviction. The definition for criminal defamation is as follows:

Criminal defamation is communicating to a person orally, in writing, or by any other means, information, knowing the information to be false and with actual malice, tending to expose another living person to public hatred, contempt or ridicule; tending to deprive such person of the benefits of public confidence and social acceptance; or tending to degrade and vilify the memory of one who is dead and to scandalize or provoke surviving relatives and friends.

In all prosecutions under this section the truth of the information communicated shall be admitted as evidence. It shall be a defense to a charge of criminal defamation if it is found that such matter was true.