In Kansas, the bodily injury threshold is a legal concept that refers to the minimum level of injury that must be sustained in a car accident before the injured person can pursue a personal injury claim against the at-fault driver. Understanding the bodily injury threshold is important for anyone who has been involved in a car accident in Kansas and is considering filing a personal injury claim.
Under Kansas law, the bodily injury threshold is met when the injured person has sustained one of the following:
- Permanent disfigurement
- Fracture of weight-bearing bones
- Permanent injury
- Death
If the injured person has sustained any of these types of injuries as a result of the car accident, they can pursue a personal injury claim against the at-fault driver. If, however, the injuries sustained do not meet the bodily injury threshold, the injured person is not eligible to file a personal injury claim.
It is important to note that the bodily injury threshold applies only to personal injury claims arising from car accidents in Kansas. It does not apply to other types of personal injury claims, such as slip and fall accidents, medical malpractice, or product liability claims.
If the injured person’s injuries do meet the bodily injury threshold, they may be entitled to compensation for a variety of damages, including medical expenses, lost wages, pain and suffering, and more. In order to pursue a personal injury claim, the injured person must file a lawsuit against the at-fault driver within two years of the date of the accident. This time period is known as the statute of limitations, and if the injured person fails to file a lawsuit within this time frame, they may lose their right to pursue a personal injury claim.
In addition to meeting the bodily injury threshold, the injured person must also prove that the other driver was at fault for the accident. This is done by showing that the other driver was negligent or careless in some way, such as by speeding, running a red light, or failing to yield the right of way. In some cases, the injured person may also be found to be partially at fault for the accident. In these cases, the damages awarded will be reduced in proportion to the injured person’s degree of fault.
If you have been involved in a car accident in Kansas and are considering filing a personal injury claim, it is important to speak with an experienced personal injury attorney who can help you understand your rights and options. An attorney can review the facts of your case, help you determine if your injuries meet the bodily injury threshold, and help you pursue the compensation you deserve.