Are you a resident of Kansas with a pending personal injury lawsuit?
A long-running legal case in the state of Kansas can leave you struggling financially and unable to afford necessities like medical bills, mortgage payments, and food. Fortunately, Nova Legal Funding’s pre-settlement funding in Kansas can provide immediate financial support to see you through your case.
The complex nature of personal injury lawsuits means it can take months, or even years, to receive a settlement. Many insurance firms are, unfortunately, known to intentionally slow the process to force clients into accepting a low settlement. As a result, those with a pending personal injury lawsuit might require financial assistance until their case is over, which is where our pre-settlement funding in Kansas comes in handy.
Nova Legal’s lawsuit funding is available at any point during your case, and we typically get the money to clients within 24 hours. Our clients are not obliged to pay anything back should they lose their case, meaning our cash advances in Kansas are risk-free.
Laws and Regulations of Lawsuit Funding in Kansas
Important Kansas Legal Information
Avg. Funding per case from Nova Legal Funding | $6,286 Nova can fund anywhere from $500 up to $2,500,000 depending on case value. |
Fault Laws | Modified Comparative Fault – 50% Bar Plaintiff’s share of the fault will offset the defendant’s liability. K.S.A. § 60-258a(a). |
Statute of Limitations | 2 years Chapter 60, Art 5, Sec. 60-513 |
Minimum policy limits for bodily injury & property damage | $25,000 bodily injury liability per person $50,000 bodily injury liability per accident $25,000 property damage liability per accident Personal injury protection, including $4,500 in medical expenses, up to $900 per month for disability or loss of income, $25 per day for in-home services, $2,000 for funeral burial or cremation costs, $4,500 for rehabilitation |
Minimum UIM auto insurance limits | Liability: 25/50/25 UM/UIM BI: 25/50 PIP: $4,500 medical/$900 work loss |
Workers compensation eligibility | Eligible |
Unlike other states, all cases are eligible for settlement loans in Kansas. As such, getting pre-settlement funding in Kansas is perfectly legal.
That said, lawsuit funding must not contravene state laws surrounding champerty, which relates to “the support of litigation by a stranger without just cause”. According to Kansas case law, someone that “frequently excit[es] and stir[s] up quarrels” with their involvement in a case breaches champerty regulations.
Here at Nova Legal Funding, we simply provide financial help and share in the settlement of successful clients. Consequently, we have no involvement in the case itself whatsoever, so there is no possibility that our support will contravene champerty laws.
As is the case with other states, the regulations on legal funding in Kansas stipulate that you must file for a lien if you have already received funding from a different source. As such, this will need to be paid off before we can start supporting you.
Kansas Personal Injury Law: How Does it Affect Legal Funding?
According to Kansas’ statute of limitations, an injured party has two years from the date of their injury to file a claim against the individual or entity they believe is responsible. After that, courts are unlikely to hear your case, meaning you will lose your right to a legal remedy.
Kansas follows a comparative fault rule to reduce or eliminate damages corresponding to the percentage that the injured party is to blame for their injuries. This works as follows: Say you slipped on a broken floor tile at a grocery store and injured yourself, but the only reason you didn’t see the tile is that you were looking at your phone. Consequently, the court might determine you are 10% responsible for the fall, meaning you would forsake 10% of your settlement.
It is important to note that if claimants are found to be more than 50% at fault for their injuries, the comparative fault rule stipulates that they lose their right to compensation entirely.
Unlike other states, Kansas has a cap on the amount of damages a successful plaintiff can be awarded in a personal injury lawsuit. Losses such as “pain and suffering” and other types of non-economic damages are capped at:
- $250,000 for injuries that occurred after July 1, 1988 but before July 1, 2014
- $300,000 for injuries that occurred on or after July 1, 2014, and before July 1, 2018
- $325,000 for injuries that occur on or after July 1, 2018, and before July 1, 2022; and
- $350,000 for injuries that occur on or after July 1, 2022.
These statutory limits don’t apply to economic damages, however, such as those relating to medical treatment and lost income.
There are no specific laws relating to personal injury liability for dog bites. However, dog owners will be liable for injuries caused by their dog if it is proven that they “should have known” their animal was dangerous—often referred to as the “one bite” rule. They could also be held responsible should they fail to exercise reasonable care to control the dog.
For car accidents, Kansas follows no-fault laws, meaning those injured must look to their own insurance coverage for economic losses like medical bills. Under this, Kansas motorists must have the following insurance coverage at all times:
- $25,000 bodily injury liability per person
- $50,000 bodily injury liability per accident
- $25,000 property damage liability per accident
- $25,000 uninsured/underinsured motorist coverage per person
- $50,000 uninsured/underinsured motorist coverage per accident
- Personal injury protection, including $4,500 in medical expenses, up to $900 per month for disability or loss of income, $25 per day for in-home services, $2,000 for funeral burial or cremation costs, $4,500 for rehabilitation
The only time that you can file a liability claim or lawsuit against a motorist using their coverage is when you exceed your personal injury coverage and have been seriously injured in an accident. Kansas defines the following as “serious injuries”:
- permanent disfigurement
- fracture of weight-bearing bone
- compound, comminuted, compressed, or displaced fracture of any bone
- permanent injury, or
- permanent loss of a body function.
Notable Personal Injury Lawyers in Kansas
Kansas has a huge pool of experienced personal injury lawyers who can take on your case.
Thomas Warner
310 W Central Ave Ste 110, Wichita, KS, 67202-1003
Robert C. Gigstad
8000 Foster St., Overland Park, KS 66204
Dustin R. Crook
115 E. Park St. Ste. B, Olathe, KS 66061
Robert Fincher
1320 SW Topeka Blvd, Topeka, KS 66612
Car Accident and Fatality Statistics in Kansas
With Kansas’ roads busier than ever, accidents are unfortunately a regular occurrence. According to the latest figures, there were 407 fatal crashes in Kansas during 2017, leading to 461 deaths. This equates to 15.8 deaths per 100,000 of the population, and 1.42 deaths per 100 million miles traveled. Of these accidents, 38% of those that died were car occupants, whilst 56% were motorcyclists, and 5% were bicyclists. Alcohol was involved in 80% of driver deaths, and 49% of passengers that died weren’t wearing a seatbelt.
We offer pre-settlement loans for the following types of accidents:
- Pedestrian accident
- Auto accident lawsuit funding
- Tractor trailer accident (truck accident)
- Bus accident
- Bicycle accident
- Motorcycle accident
Please don’t hesitate to get in contact with Nova Legal Funding for a free analysis of your case. This will inform you how much pre-settlement funding in Kansas you’re eligible for.
FAQs
Do I qualify for lawsuit funding in Kansas?
All personal injuries where another individual or entity is responsible are eligible for lawsuit funding in Kansas. As a rule, you qualify for a free and quick application if you are injured within the state.
Is it a lawsuit loan or cash advance?
Our pre-settlement loans in Kansas, are simply cash advances. Although these are referred to as lawsuit loans, they are non-recourse advances. As such, you will not be obliged to pay back the advance if you don’t win your case, and Nova Legal Funding will only ask for repayment should you win or agree to a settlement.
Does it matter how I spend the lawsuit funding?
There are no rules outlining what you spend your cash advance on. Lawsuit funding is for claimants needing financial assistance during a prolonged legal case, and our clients have used this funding for an array of different purposes. Some of the most common purposes include paying off debts, covering mortgage payments, or for day-to-day expenses.
Apply For Lawsuit Funding in Kansas Now
Nova Legal Funding has the know-how and experience to help anybody that requires pre-settlement funding in Kansas. Contact us today for a free case evaluation.
Call us toll-free at 800-760-0704 to speak with a friendly funding specialist today.