When you suffer a traumatic brain injury in a car accident, slip and fall accident, or another accident, it can result in devastating physical, emotional, and financial consequences. Fortunately, in Kansas and Missouri, you can recover compensation through a personal injury claim if another person’s negligence is to blame for your TBI. However, as you pursue compensation for your traumatic brain injury, it is crucial to understand that Kansas and Missouri comparative fault laws can affect your case. Below is a look at how comparative fault laws in Kansas and Missouri can affect your TBI case.
Understanding Comparative Fault
Comparative fault/negligence is a legal principle that assigns liability when multiple parties may have contributed to an accident. In a TBI claim, when more than one party may have contributed to the injury, fault is divided between multiple parties, including the injured party. Then, the injured party’s compensation is reduced based on their percentage of fault. For example, if you suffered your TBI in a car accident and were found to be partially liable (maybe for running a red light or speeding), your damages could be reduced based on your percentage of fault. Kansas and Missouri apply comparative negligence laws in personal injury claims, but they do so differently.
Comparative Fault in Kansas
Kansas is one of the states that follows a type of comparative negligence law called “modified comparative negligence.” Under this rule, recovery of damages is barred if a plaintiff’s percentage of fault exceeds a certain limit. According to KS Stat § 60-258a, in Kansas, a claimant in a personal injury case can only recover compensation if their negligence is less than the defendant’s causal negligence. In other words, in Kansas, you can only recover damages if you are 49% or less at fault. If you are found 50% at fault or more for your traumatic brain injury, you cannot recover damages.
Under Kansas’s modified comparative fault rule, if you are found to be partially liable for your TBI, your recovery will be reduced by your percentage of fault. For instance, if you are awarded $400,000 in damages, but are found to be 30% at fault, your award would be reduced to $280,000 (70% of $400,000).
Comparative Fault in Missouri
Missouri follows a different rule called “pure comparative negligence.” This system is considered the most liberal approach, as it allows injured parties to recover compensation regardless of their percentage of fault. Missouri law allows you to recover compensation even if you are 99% at fault for your TBI. However, just like in Kansas, your damages will be reduced based on your percentage of fault.
Why Does Comparative Negligence Matter in TBI Cases?
Because of the profound and lasting impacts that traumatic brain injuries can have, TBI claims often involve significant damages. As a result, defendants and insurance companies often use comparative negligence to limit their liability. The defense may argue that you contributed to your injury by your actions, such as speeding or running a red light. Such arguments can significantly reduce your compensation or result in you not receiving any compensation unless you have a skilled attorney who can counter these arguments effectively.
Griggs Injury Law Can Help Protect Your Rights
If you have suffered a TBI in Kansas or Missouri because of another party’s negligence, contact our experienced brain injury counsel at Griggs Injury Law for help recovering the compensation you deserve.
