Victims of car crashes and other accidents often have injuries that need urgent medical attention. That care can be costly, and the person might also have other expenses related to the accident. In some cases, they’re unable to go back to work, so they’re also dealing with a loss of income.
In some cases, these individuals may decide to seek compensation for the financial damages they have suffered because of the accident. One factor that impacts these cases is determining who’s at fault. But fault isn’t always assigned to one person. It’s common for insurance companies and defendants to argue that several people contributed to what happened. In some cases, they may name the injured party as one of the individuals responsible for the accident.
How does fault impact personal injury claims in Kansas and Missouri?
In Kansas and Missouri, evidence can shape how fault is divided. The evidence that can be considered includes police reports, photos, medical records, vehicle damage and witness statements. As part of the claim, a percentage of fault is assigned to each party, including the victim. That percentage plays a role in how compensation is awarded.
Kansas follows a modified comparative fault rule. Under this system, an injured person can typically recover damages if they are less than 50% at fault for the accident. The recovery they’re allowed is reduced by their percentage of fault. If the injured person is found to be 50% or more at fault, recovery is barred.
Missouri handles things a little differently. This state uses a pure comparative fault approach. This means that even if the victim had a higher share of responsibility, they can still recover damages, but the damages are reduced according to the assigned percentage of fault.
The percentage of fault assigned to the victim is important in these cases because it directly reduces the amount of compensation they can receive. Because of this, defendants and insurance companies often try to reduce their own fault while increasing the victim’s fault.
The assigned fault can directly influence the settlement. It’s critical that victims have someone on their side who can fight for their rights and the compensation they’re due. The applicable factors of the crash and determining what litigation strategy is possible can be beneficial in these cases.