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Personal Injury Lawyer

Your Kansas Accident Could Have Been Caused by Negligence

Under Kansas law negligence is the failure to use ordinary care to avoid a foreseeable harm to person or property. To prove negligence, several criteria must be met:

  • First, you must show that there was a duty owed from one person to another. The nature of that duty may change depending on the relationship of the parties. Typically, persons owe a duty of “ordinary care” to other people. However, a child is held to a lower standard, that being what another child would do under the circumstances, as opposed to what an adult would do. Certain professionals and tradesmen are held to a higher standard, that being what other persons in that profession or trade would do under the circumstances.

  • Second, it must be shown that there was a breach of that standard of care. In other words, someone failed to do what they should have under the circumstances.

  • Third, it must be shown that the breach of that standard of care was the actual and legal, cause of the injury. This means that the injury was a foreseeable consequence of the breach of care.

  • Lastly, damages must be shown to have resulted from all of the above.

  • Negligence is a complex claim in Kansas and may be subject to other defenses including comparitive fault.

If you or a loved one is in need of legal assistance, call Ray Hodge & Associates at (316)269-1414. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if we recover money on your behalf. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your rights.

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Ray Hodge & Associates proudly represents victims and their families across the state of Kansas, including Wichita, Andover, Derby, Goddard, Haysville, Mulvane, Rose Hill, Newton, El Dorado and Hutchinson. Call today for a free consultation all over the state of Kansas. We have proudly served clients in Sedgwick, Butler, Sumner, Harvey, Kingman and Reno Counties.