Whether it’s a slip-and-fall on someone’s property, an accident claim, or allegations tied to a business or professional activity, being sued can feel overwhelming. Personal injury law is strict, and courts hold defendants accountable when negligence or misconduct is proven. However, not every claim is valid. Civil defense litigation provides an opportunity to present a clear response, challenge accusations, and protect the defendant’s rights.
Based in Overland Park, Kansas, Harris & Hart Attorneys at Law represents clients across Kansas and Missouri in personal injury defense cases. The firm specializes in complex litigation and draws on its extensive experience to develop the right strategy for each client, prioritizing the thorough protection of their rights and best interests.
Personal Injury Allegations
Personal injury claims arise when someone alleges they were harmed due to another party’s conduct or negligence. These lawsuits can involve auto accidents, falls on private property, dog bites, defective products, and more. In each case, the plaintiff claims to have suffered physical, emotional, or financial damage—and asserts that the defendant is responsible. In Kansas, plaintiffs must prove four elements: duty, breach, causation, and damages.
First, the defendant must have owed a duty of care. Second, there must be a breach of that duty. Third, the breach must be the direct cause of harm. Finally, there must be actual damages. Without all four elements, a personal injury claim cannot succeed. This framework provides several points where the defense can focus its strategy.
Initial Response to a Lawsuit
Once a personal injury complaint is filed, the clock starts ticking. Under Kansas law, defendants typically have 21 days to file an answer after being served. This initial response sets the stage. In their answer, the defense may deny the allegations, assert that the plaintiff contributed to their own injury, or raise affirmative defenses.
This is also the time to preserve legal objections and file motions that could dismiss the case early. From the outset, the defense focuses on identifying weaknesses in the plaintiff’s claim. If the complaint lacks details or fails to allege a valid legal claim, the defense can request the court to dismiss the case before it progresses.
Kansas courts allow pretrial motions to challenge the sufficiency of the complaint, the court’s jurisdiction, or the service process. Early dismissal is always an option when the plaintiff hasn’t met the legal standard.
Building a Defense Around the Facts
Defending a personal injury case requires a thorough examination of the facts. This includes reviewing medical records, property reports, witness statements, accident reconstructions, video footage, and any written communications related to the event. In Kansas, discovery allows both sides to request documents, conduct depositions, and question the plaintiff under oath.
During this process, the defense frequently identifies inconsistencies in the plaintiff’s account or weaknesses in their evidence. For example, a plaintiff might allege severe injuries but delay seeking medical treatment, or they could attribute their injury to a property condition that was clearly marked with warning signs. Such details are essential in showing that the plaintiff’s injuries are either exaggerated or not connected to the defendant.
Affirmative Defenses Under Kansas Law
Kansas law permits the use of affirmative defenses that, if proven, can reduce or eliminate liability. These defenses may include contributory negligence, assumption of risk, lack of causation, pre-existing injuries, and statutory limits on damages.
For example, Kansas follows a modified comparative fault rule. If the plaintiff is found to be 50% or more at fault, they cannot recover damages. If they are less than 50% responsible, their award is reduced by that percentage.
This standard provides a strong opportunity to challenge the plaintiff’s version of events. For instance, if a pedestrian darted into traffic or a customer ignored warning signs before slipping, the defense can highlight that behavior to show how it contributed to the accident. In many cases, shared fault can either eliminate a claim entirely or significantly reduce a potential judgment.
Evidence That Makes a Difference
The strength of a defense often hinges on the evidence presented. In Kansas, both sides must exchange evidence during discovery, but how that evidence is used can shift the case in the defendant’s favor. Key types of evidence in personal injury defense include:
Surveillance video from businesses, homes, or public spaces
Photos of the scene before or after the incident
Medical records showing gaps in treatment or unrelated injuries
Witness statements contradicting the plaintiff’s claims
Social media posts showing the plaintiff engaging in physical activity
Expert reports from doctors, engineers, or accident reconstructionists
Incident reports prepared at the time of the injury
Maintenance logs or inspection records from property owners
Employment or income records challenging lost wage claims
Statements the plaintiff made to police, insurance adjusters, or others
Each piece of evidence can reveal exaggeration, fabrication, or alternative explanations. When presented effectively, this evidence can persuade a judge or jury that the plaintiff’s claims are inaccurate or that the alleged harm wasn’t caused by the defendant.
Dealing with Insurance and Settlement Talks
Many personal injury claims involve insurance coverage. Insurers may appoint defense counsel, offer settlements, or attempt to limit exposure. In Kansas, insurers are obligated to defend and indemnify policyholders under the terms of their coverage.
However, the first settlement offer isn’t always fair, nor is it mandatory to accept it. Settlement offers are carefully evaluated to make sure they reflect the realities of the case. If the plaintiff’s claim is weak or the proposed payout is unreasonable, litigation may be the better option.
The long-term effects of a settlement—such as impacts on insurance premiums, business reputation, and future liability—are always considered. When trial offers a stronger path forward, the defense doesn’t hesitate to pursue it.
Trying a Personal Injury Case in Kansas
When a case goes to trial, both sides present evidence, question witnesses, and argue their positions before a judge or jury. Kansas courts allow jurors to assess credibility and determine the extent of the defendant’s liability, if any.
During trial, the defense focuses on controlling the narrative. This involves presenting the facts clearly, highlighting inconsistencies in the plaintiff’s story, and emphasizing legal defenses under Kansas law.
Jury instructions in personal injury cases require clear proof of duty, breach, causation, and damages. If any element is missing, the plaintiff’s case may fail. The defense uses this structure to its advantage, pointing out gaps in evidence or inflated claims.
Appeals and Post-Trial Strategies
If a verdict is unfavorable, the defense has the right to appeal based on legal errors during the trial. In Kansas, appeals are filed with the Kansas Court of Appeals or, in some cases, directly with the Kansas Supreme Court.
Appeals may argue that evidence was improperly admitted, jury instructions were flawed, or the trial court misapplied the law. While appeals don’t always result in reversals, they can delay judgment enforcement and create opportunities for revised outcomes.
Post-trial strategies may also include settlement negotiations, requests for reduced judgments, or exploring insurance contributions, depending on the verdict’s structure.
Reach Out Today
Harris & Hart Attorneys at Law understands the impact personal injury lawsuits can have on individuals and businesses. Based in Overland Park, Kansas, the firm proudly serves clients throughout Kansas and Missouri. Contact the firm today to schedule a consultation.
