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What is a Personal Injury?

The National Academy of Personal Injury Attorneys awarded Joe Patton the 2017 and 2018 Top 10 Attorney Award for excellence in the field of Personal Injury for the State of Kansas and Mike Patton, Nationally Ranked Top 10 under 40, 2016, for excellence in the field of Personal Injury.

What is a Personal Injury?

Personal injury means someone hurt you usually with a physical injury to your body. So a personal injury is an injury to your person or your body. A personal injury claim would be a legal claim for injury inflicted in violation of the law. Once you have a physical injury you also have a claim for the pain and suffering and emotional distress.

What is a Personal Injury?
What is a Personal Injury?

To recovery for a personal injury claim, you must show that the person that caused the injury was at fault. In Kansas we have comparative fault, so you must show that the wrongdoer is at fault and you are not 50% or more at fault. The comparative fault laws vary from state to state.

What is the amount of the settlement?

The amount of a settlement depends on many factors including the liability and the damages. To settle a case you need clear liability. If it is not clear the other party is at fault, then they will probably go to court to defend the claim. The other factor is the nature and extent of your injury. The more severe your injury, the higher the settlement. If your injury results in permanent disability, that factor will increase your compensation. If your injury results in permanent restrictions that limit your ability to earn income that factor will increase your settlement. Also if you will have additional future medical treatment, then you can include future medical bills in the negotiations for your settlement.

What if we can’t settle the personal injury claim?

You do not settle your claim, then a judge and jury could decide the amount that should be paid for your personal injury if you sue. There are however several legal and practical limits to the amount you can recover. The most immediate obstacle is whether the wrongdoer can pay or if he or she is insured. Also, there are statute limits on the amount that can be recovered for non-economic damages. These limits vary from state to state. The time limits to bring a lawsuit vary from legal theory to legal theory and from state to state.

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