When an accident happens, your first instinct might be to assume someone is entirely at fault while the other party bears no responsibility. However, real-world accidents rarely unfold with clear-cut blame.
In many cases, multiple parties contribute to the circumstances that led to an injury, whether through poor decisions, momentary lapses in judgment, or failure to exercise reasonable care. When you’re hurt in an accident where you are partially at-fault, comparative negligence laws determine how much compensation you can recover based on your level of responsibility.
Understanding Comparative Negligence Laws in Kansas and Missouri
Kansas and Missouri handle shared fault differently. Missouri follows a pure comparative fault system, which means you can recover damages even if you’re 99% at fault for the accident. Your compensation gets reduced by your percentage of fault, but you are not completely barred from recovery regardless of how much responsibility you bear.
Kansas operates under a modified comparative fault system with a 50% threshold. If you are less than 50% at fault, you can recover damages reduced by your percentage of responsibility. However, if you are found to be 50% or more at fault, you cannot recover any compensation whatsoever.
How Shared Liability Affects Compensation in Kansas City
Consider these scenarios to understand how shared fault impacts compensation. In Missouri, if you slip and fall in a grocery store because of a wet floor but you were texting while walking, a jury might find you 30% at fault. With $100,000 in damages, you’d receive $70,000. In Kansas with the same facts, you’d also receive $70,000 since you are under the 50% threshold.
On the other hand, say that you file a dog bite lawsuit but are found to have provoked the animal before the attack. The court assigns you 60% of the liability. In Missouri, being found 60% responsible would reduce a $100,000 award to $40,000. However, in Kansas, you would receive nothing because you exceeded the 50% threshold.
How to Protect Your Rights When Fault Is Disputed
When fault is disputed after an injury, your financial future could be at risk. Without an adequate settlement, you may struggle to cover your medical bills, lost wages, and other expenses while dealing with the toll of your recovery. This is why you need a Kansas City personal injury lawyer on your side.
An attorney will leverage all of their resources, knowledge, and experience to build a compelling case in your favor and prove the other party’s liability. They will conduct thorough investigations to uncover evidence that supports your version of events and strategically counter the defense’s attempts to inflate your responsibility for the accident. These strategies are designed to minimize the percentage of fault assigned to you, thereby maximizing your potential settlement.
Build Your Case Strategy with Dollar, Burns, Becker, and Hershewe
Comparative fault laws protect your right to compensation even when you bear some responsibility for the accident, but it can also affect your ability to fully recover. In these situations, you need someone on your side who can defend your right to a fair and full settlement.
Dollar, Burns, Becker, and Hershewe has successfully recovered substantial compensation for clients in complex shared fault cases. We calculate the true value of your damages and fight for every dollar you’re entitled to receive. Contact us at (816) 876-2600 for your free case evaluation and learn how our Kansas City personal injury attorneys can help.