Kansas, even though it is beautiful and rural, has its fair share of negligence cases, personal injuries and car accidents. Perhaps it was you who was hurt in a life-changing way, or maybe it was a friend or family member who needs help right now. Whatever happened, if you need guidance for your personal injury case, Enjuris has the answers.
Kansas Personal Injury Cases & Accident Info
Kansas statutes online
This is where you’ll find Kansas's laws. The website has details about how long you have to bring a case, damage caps on personal injury cases, and other important information that you will need.
In Kansas, you have two years to bring a personal injury claim and a property damage claim. That doesn't mean the whole personal injury lawsuit has to be completed in that time frame; it just needs to be filed with the court.
The initial meeting with a personal injury attorney is normally free of charge. (Note that other legal specialties, such as criminal defense law or intellectual property law, are different.) After that, lawyers work on a contingency basis, which means that they will receive a third of the eventual reward or settlement, plus whatever office expenses they incurred.
If your case ends up going to trial, the percentage could rise to 40% of the eventual reward or judgment. These numbers aren't set by law, so don't be surprised if your lawyer suggests something else.
These are some cases of legal interest that came out of the Kansas courts:
State v. Petersen-Beard, No. 108,061 (Kansas 2016): This very strange case was discussed by the Volokh Conspiracy because the Kansas Supreme Court decided three other cases the same day, held that the Kansas Offender Registration Act constituted a violation of the state's constitutional laws because the registrational requirements were unduly burdensome, and then overruled all three cases before the day was over. Changing your mind much, Kansas?
Kansas v. Hendricks, 521 U.S. 346 (1997): Hendricks was a pedophile who could not control his urges when he got "stressed out." The state claimed this was a congenital defect and had him civilly committed under Kansas' Sexually Violent Predator Act, which meant he could be indefinitely confined. Hendricks challenged this confinement as double jeopardy and a second prosecution. The Supreme Court disagreed in a 5-4 decision. As the Act does not establish criminal proceedings, it is not punishment, and thus not double jeopardy or a second prosecution. Involuntary confinement for an indefinite period has been considered justified if the person is considered a danger to himself or others, and his condition cannot be controlled.
Mugler v. Kansas, 123 U.S. 623 (1887): This ancient case was very important in the United States. Kansas amended their state Constitution to ban the sale of alcohol except for scientific, mechanical and medical purposes. Mugler had built a brewery that was devalued to $2,500 because of the statutes and was fined multiple times under the new laws. He brought a case under the Due Process Clause of the Fourteenth Amendment, claiming that he should be allowed to brew beer for export. The Supreme Court held for Kansas, stating that the statutes were not infringing upon Mugler's individual rights, as he was using his property in a way that was injurious to the community.
There are lots of issues you can solve without the help of a lawyer, surprisingly enough. If you don't know where to start, a law librarian can help you. They are usually legally trained, and they can help you both with texts or online research engines like LexisNexis or Westlaw.