What is a Tort Case, and What does it Involve in Kansas?

A tort case in Kansas is a legal dispute between private entities such as individuals and organizations. The plaintiff initiates it by formally claiming to have suffered damages or injuries for a civil wrong committed by another. They are not crimes; hence, they are not targeted towards punishing any party. Instead, they result in legal liability for the entity that committed the wrong. Usually, the Kansas State Courts address these cases to obtain compensation for the plaintiff. The proceedings that determine these cases happen at the Kansas District Courts that have general jurisdiction over all tort cases under state civil laws.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

What is Kansas Tort Law?

Kansa Tort Law is a collection of codes and statutes governing the resolution of disputes between individuals and organizations in the state. These codes attempt to obtain compensation for wronged plaintiffs by awarding damages to them when they prove that the defendant caused their injuries or losses. Kansas tort laws include:

• The Kansas Tort Claims Act is enclosed in Chapter 75, Article 61 of the Kansas revised statutes. It makes government entities liable for damages caused by a public employee’s negligent or wrongful act or omission.
• The Kansas Rules of Civil procedure, enclosed in Chapter 60 and Article 2 of the state statutes. It ensures just and speedy determination of tort actions and proceedings in Kansas state.

These laws encompass different amounts of legal issues. Still, they generally allow individuals who have had a wrong committed against them to claim damages and relief against the person who has committed the wrong.

What Kinds of Cases are Covered by Tort Law in Kansas?

Most cases covered by tort law in Kansas are cases of wrongful action or inaction. They can be acts committed deliberately or negligently. Examples of this case include:

• Auto Accident Injuries
• Slip, Trip, and Fall Injuries
• Premises liability
• Workers Compensation
• Medical Malpractice
• Defective Product Cases:
• Wrongful Deaths
• Nursing home abuse
• Assault
• Battery

What are the Differences Between Criminal Law and Tort Law in Kansas?

Kansas criminal law and tort law collectively address wrongs committed against another individual. While criminal law addresses crimes and illegal acts against Kansas State, the tort law is concerned with legal disputes between entities. Illegal actions are crimes that break state criminal law, such as murder, theft, driving under the influence, etc. Under the law, only the state can initiate prosecution for these acts. Whereas, under tort law that addresses civil wrongs, only wronged individuals can initiate the claim.

Generally, the amount of time for initiating these cases under state criminal law and tort law is limited. However, for criminal cases, a general five years’ limitations apply, but two years for most wrongful actions under tort law. Another distinction is the price or penalty for being guilty. Criminal law mandates that the defendant either faces incarceration or probation, while tort cases, regardless of the court’s judgment, require the defendant to pay some financial penalty or orders them to perform an action or refrain from acting.

Crimes in Kansa state are punished according to specific codes and classifications in the state criminal code and sentencing guidelines. At the same time, defendants in tort cases are judged depending on the circumstances surrounding the case, usually the amount, type, or value of damages.

What is the Purpose of Tort Law in Kansas?

When individuals suffer damages or losses for another entity’s wrongful actions or conduct, it is only right that they are compensated. The basis of tort law in Kansas is to avoid unnecessary loss. It ensures that these individuals’ concerns can be addressed legally in a state court and sets the standards to be met for just indemnification. Hence, with adequate proof, wronged individuals can demand and obtain relief for all inconveniences under the tort law.

What is a Tort Claim in Kansas?

A tort claim in Kansas is a legal request or demand for owed relief. It is a legal action filed by a plaintiff (business or person) harmed by another’s actions. It is a detailed outline of a defendant’s wrongful acts against the plaintiff with facts and legal theories. According to state tort laws, tort claims demand the court to impose liability for these wrongful acts.

How Do You File a Tort Claim in Kansas?

Filing a tort claim in Kansas means to litigate the case in the appropriate court of law. The individual that initiates the litigation process through filing the claim is the plaintiff. Typically, persons or entities that have incurred losses or injuries due to other entities’ actions are advised to seek means of resolving the dispute without litigation. This is because it could cost time and money and further complicate the situation for the already affected plaintiff.

However, if the parties cannot reach an agreement, the plaintiff may file the tort claim in the district court. The court must be where the defendant resides or operates a business or where the incident occurred.

Before filing the case, the plaintiff has to ensure that the claim has more potential for success in court. This can be ascertained by involving an experienced lawyer and ensuring that the case is filed within the applicable statute of limitation. According to Kansas Statutes section 60–513, most tort cases have a statute of limitations of 2 years from the date of the injury. If the damage resulted from intentional acts, the limit is only one year. In cases where the injury is not discovered until later, there is a limitation period of 2 years from the date of discovery. Failure to file within this period could imply that the plaintiff will lose the chance to obtain legal remedies.

Additionally, the plaintiff must convince the court that the liable party owed a duty of care, breached the duty, and caused an injury that resulted in the plaintiff suffering damages for the defendant’s action.

When filing the complaint or petition, the plaintiff must provide:

• The defendant’s formal name and address
• The precise description of the incident that caused the injury
• The exact amount of damages and how much the individual wants to recover.

If the defendant is a company, the plaintiff may visit the business entity search feature on the Kansas Secretary of Statewebpage for company information. After completing the petition, the plaintiff is required to pay the filing fee and the sheriff’s charge for serving the claim on the defendant. The filing fee usually depends on the number of damages in dispute. The court will then process the petition and set a trial date.

If the tort claim is against a city, county, municipality, or state, the procedures for filing differ slightly. A tort claim notice against either of these entities must be in writing. This notice will also contain:

• Plaintiff’s name and address
• Plaintiff’s attorney name and address
• A concise and factual description of the claim, including details such as date, time, place
• Name and address of the public employee involved
• A description of nature and the extent of the injury allegedly suffered
• Plaintiff’s request for relief.

What Does a Tort Claim Contain in Kansas?

A tort claim or petition in Kansas usually contains details such as:

• The court name
• The title or headline of the civil action states what the claim is about
• The formal names and addresses of the parties involved
• The names and addresses of the attorneys if the parties have legal representation
• Facts and concise descriptions of the legal duty that the defendant breached
• The injury or damages incurred as a result of the defendant’s actions
• Proof and legal basis of the alleged damages
• The plaintiff’s requests

What Happens after a Tort Claim is Filed in Kansas?

After filing a tort claim in Kansas, the court issues a summons that notifies the defendant of the claim. It should be served on the defendant along with a copy of the petition. If the defendant cannot be served due to unforeseen circumstances, the plaintiff may contact the court for a continuance, which gives more time to locate the defendant.

Sometimes, after the petition is served, the parties might choose to settle out of court. If they reach an agreement, they must contact the court to dismiss the case.

If the defendant denies the allegations or claim, they may file a counterclaim by completing the Defendant’s Claim Forms that usually accompany the summons. The court will then pick a hearing date to resolve the dispute between both parties.

After the court gives judgment, an aggrieved party can appeal the decision. The party has to file an appeal within 14 days of entry of judgment. The appeal process could be complicated; therefore, parties are advised to obtain legal assistance.

Why Do I Need a Personal Injury Lawyer for a Tort Claim?

When an individual incurs losses or suffers injuries from a wrongful act, it is usually best to consult an attorney before proceeding with the tort claim. While these cases may be straightforward, and the plaintiff might be able to self-represent, it is not uncommon for simple issues to become complicated, especially during a court trial. An experienced personal injury lawyer is more equipped to face these complexities.

Also, depending on the type of injury or losses incurred, parties in a tort claim might be too unstable to deal with the legal process. In such cases, a personal injury lawyer will handle negotiations on the plaintiff’s behalf.

How Can I Find a Personal Injury Lawyer Near Me?

While state courts do not help hire or recommend personal injury lawyers, they provide the public with a means of obtaining legal help. Parties can visit the judicial website legal resource feature that compiles various means of obtaining legal assistance. Also, the Kansas Bar Association Lawyer Referral Service links entities to qualified and experienced personal injury lawyers.