Getting injured at home is one thing, but getting hurt in someone else’s building is something entirely different. Such a negative experience can leave you with a mile-long medical bill and traumatize you for a long time. The good news is that you may be eligible for fair financial compensation for the distress you suffered. In this piece, we will focus on the steps you can take to file a personal injury lawsuit against homeowners in Kansas.
What You Need To Know About Personal Injury Claims
A personal injury claim can be made when you suffer injury on someone else’s property due to their negligence. In Kansas, homeowners and landlords are required by law to ensure that their property is safe. If a visitor gets hurt on that property because the homeowners used poor-quality building materials, for example, they can contact a personal injury lawyer in McPherson, Kansas to make a compensation claim.
Kansas follows comparative negligence laws (K.S.A. §60-258a), which involve reducing damages proportionally to the plaintiff’s fault. This lawsuit stipulates that even if the personal injury was partly the injured party’s fault, the homeowner is still liable to pay compensation for the negligence they caused.
What To Do When You Get Injured On Another Person’s Property
Below are some steps you should take:
Seek Medical Attention
The first thing you should do is treat the injury. If it is a minor injury, clean the wound with a first aid kit, but if it’s a more complicated issue, call an ambulance immediately. It’s always better to go to the hospital for proper treatment and a doctor’s report, which you would eventually need for your case.
Document Everything
Make sure you document all the treatment details and establish a clear connection between the injury and the incident on the property. You can take photos and secret videos with your phone showing your discussion with the homeowner after the accident, your trip to the hospital, and a third-party statement verifying the incident.
Consult An Attorney
After treating the injury and gathering all the evidence, consult a personal injury attorney to determine if your case is eligible for compensation. The attorney would be in the best position to determine liability and negligence after examining the evidence. Go for someone who is experienced in dealing with Kansas state laws.
File A Claim
If the lawyer believes your case is eligible, they will help you file a claim. In Kansas, you will be able to file a claim with the insurance company or the property owner of the Kansas Insurance Department. One of the modern trends in real estate is that these claims are never filed directly with the homeowner.
Negotiation And Litigation
After you file a claim, the lawyer representing the homeowner’s interest will contact you and offer you a settlement. Your lawyer will help you negotiate a better deal, and if the other party doesn’t accept it, the next step is litigation. Your lawyer will take the case to court to advocate for maximum compensation.
Conclusion
Finally, keep in mind that personal injury cases in Kansas have a statute of limitations of two years from the date of the incident. So, the earlier you file your claim, the better.
