Hopefully you survived Black Friday unscathed, but if you didn’t, or if you find yourself injured in a public place during your holiday shopping (or any time of the year), here’s what you need to know.
Statutes of Limitations
Both Kansas and Missouri have statutes of limitations, or deadlines, on how long you can take to file a personal injury claim. In Missouri, it’s five years from the date of the accident; and in Kansas, it’s only two years.
This may seem like plenty of time, but it’s worthwhile to talk to a lawyer sooner rather than later, since the details will still be fresh in your mind. This also allows plenty of time for the company at fault to offer to pay your damages without resorting to a court hearing.
One thing to be aware of is that both Missouri and Kansas have rules that limit damages based on shared or comparative fault. What this means is that, if you are injured by slipping on an unmarked wet spot at a store but were later found to be 5 percent at fault because you were looking at your shopping list instead of paying complete attention to your surroundings, 5 percent will be deducted from the total damages awarded by the court.
Now, in Kansas, if your comparative fault is 50 percent or greater (meaning you’re at least 50 percent responsible), the rule in that state is that you cannot collect any damages from other at-fault parties. In Missouri, however, they use a “pure” comparative fault rule, meaning you can collect damages even if you’re 99 percent responsible for the accident.
Immediate Action After an Injury in a Public Place
So, what’s your action plan after an accident?
- First things first, take care of your injuries. Apply first aid or call an ambulance if necessary, and see a doctor as soon as possible.
- Secondly, call a lawyer. The sooner you call a professional attorney to help with your personal injury lawsuit, the less likely you are to miss any important facts or steps in the process — and that betters your chances for success.
- Third, document all injuries and property damage, and collect witness accounts and contact information.
- Fourth, open a claim with the responsible company’s insurance company — but do NOT give statements or sign anything (other than for the police) until your lawyer gives the go-ahead.
Hire a Personal Injury Attorney from Grover Law
At Grover Law, we will do everything in our power to get you fair compensation as quickly and affordably as possible — and our case evaluations are alwyas free. If you’re in need of a personal injury attorney, we can help.
Give us a call at 913-432-1000, or visit our website for more information.