Most people aren’t prepared to be sued, especially when they believe they’ve done nothing wrong or that the situation was an accident. Under Kansas law, being named in a personal injury claim does not automatically mean you are legally responsible. Lawsuits follow a process, and you have rights, defenses, and opportunities to respond every step of the way.
The attorneys at Harris & Hart Attorneys at Law often represent individuals and businesses that find themselves on the receiving end of a personal injury lawsuit. If you’ve been served with a summons and complaint, your first reaction may be worry or confusion. That’s understandable.
They will walk with you through that process, strive to protect your interests, and push for a fair outcome. Below, this blog explains what you can expect if you’re facing a personal injury lawsuit in Kansas—from initial service to final resolution.
How a Personal Injury Lawsuit Begins
A personal injury case usually starts when someone claims that you caused their injury through carelessness, recklessness, or intentional behavior. This could involve a car crash, a fall on your property, a dog bite, or some other incident where they allege you were responsible for their harm.
In Kansas, the plaintiff (the person suing) must file a petition in court and serve you with a copy. This officially puts the legal process in motion. Once you receive these documents, you’re typically given 21 days to file an answer if served in Kansas—or 30 days if served outside the state.
At this point, you should contact a lawyer immediately. Delaying can cause you to miss important deadlines or weaken your defense. Harris & Hart Attorneys at Law responds quickly to lawsuits and begins investigating the facts from day one.
Your Legal Obligations and Options
Once you’ve been sued, you have a duty to respond in writing. Ignoring the lawsuit could result in a default judgment, meaning the court awards damages to the plaintiff without hearing your side. That’s the worst outcome for any defendant.
In your response, your attorney will either admit, deny, or state that there is not enough information to respond to each allegation. They may also raise legal defenses or file a motion to dismiss the case if there are valid grounds to do so.
If you have insurance—such as auto, homeowner’s, or business coverage—it’s important to notify your provider immediately. Many policies cover personal injury claims and include a duty to defend you. The attorneys at Harris & Hart Attorneys at Law work closely with insurers when coverage applies, but they're always focused on protecting your individual rights.
The Legal Process After You File an Answer
Once your response is filed, the case moves into the discovery phase. This is when both sides exchange information, request documents, submit written questions, and schedule depositions.
Kansas law allows broad access to relevant evidence, which means you may be asked about your version of the events, your background, and your communications related to the incident.
The attorneys at Harris & Hart Attorneys at Law thoroughly prepare their clients for depositions and carefully review all discovery responses before submitting them. At this stage, the focus is on building a strong defense and uncovering facts that support your side of the story.
Depending on the evidence, they may also bring in witnesses or independent professionals to support your position—especially if the other side exaggerates or misrepresents their injuries.
What to Expect As a Defendant in a Personal Injury Lawsuit
To give you a clearer idea of how a personal injury lawsuit unfolds, here is a summary of the major steps:
Service of Summons: You receive a formal legal notice and a copy of the complaint.
Filing an Answer: You must respond within 21–30 days, depending on where you were served.
Discovery: Both parties request evidence, answer questions, and participate in depositions.
Motions: Either side can ask the court to dismiss the case or exclude certain evidence.
Mediation or Settlement Discussions: The court may encourage early resolution through negotiation or mediation.
Trial Preparation: If no agreement is reached, the case moves toward trial. Witnesses are lined up, exhibits are prepared, and legal arguments are developed.
Trial: A judge or jury hears the case and decides whether you are liable and how much, if anything, you must pay.
Post-Trial Motions or Appeals: After trial, either side may challenge the outcome if there were legal errors.
Throughout this process, your attorney's job is to defend you effectively, protect your financial interests, and limit your exposure to liability.
Defenses to a Personal Injury Claim
Kansas follows a comparative fault system under K.S.A. 60-258a, which allows a defendant to argue that the plaintiff shares responsibility for their own injuries. If the plaintiff is found to be 50% or more at fault, they cannot recover damages. If they are less than 50% at fault, their recovery is reduced by their percentage of blame.
Harris & Hart Attorneys at Law often uses this rule to argue that the injured party’s own carelessness played a role in what happened. For example, if someone slipped and fell on your property but ignored posted warnings, that may reduce or eliminate your liability.
Other common defenses in personal injury cases include:
No duty of care: Arguing you had no legal obligation toward the plaintiff.
Lack of causation: Claiming your actions were not the cause of the injuries.
Assumption of risk: Proving the plaintiff knowingly exposed themselves to danger.
Pre-existing conditions: Showing that the injuries claimed were not caused by the incident.
The attorneys investigate each claim carefully and raise every valid defense available under Kansas law.
Damages and What the Plaintiff May Seek
A plaintiff in a personal injury case typically seeks damages for:
Medical bills
Lost wages
Pain and suffering
Emotional distress
Loss of enjoyment of life
Property damage
In rare cases, punitive damages may also be requested—though Kansas law makes those difficult to obtain without clear proof of willful or malicious behavior.
Your attorneys at Harris & Hart Attorneys at Law focus not just on whether you are legally responsible but also on reducing any amount you may have to pay. Sometimes we can challenge inflated medical costs, question the extent of injuries, or show that the plaintiff recovered quickly with little long-term impact.
Settlement vs. Trial
Many personal injury lawsuits settle before trial. Settlement offers the benefit of certainty and control over the outcome, while trial always involves risk.
Attorneys evaluate every settlement offer with your input and weigh the pros and cons of accepting versus going to court. If they believe the case should be tried, they prepare thoroughly and argue aggressively. If settlement is the better path, they negotiate terms that protect your interests.
Kansas courts may also require mediation before trial to give both sides a final opportunity to resolve the case without further proceedings.
How Long the Process Takes
There is no standard timeline for a personal injury lawsuit. Some cases resolve within a few months, while others take more than a year—especially if they go to trial. Factors that influence timing include:
How quickly discovery is completed
Whether settlement discussions are productive
How busy the court’s docket is
The complexity of the legal or factual issues
The attorneys at Harris & Hart Attorneys at Law keep their clients updated throughout the case and adjust their approach as needed. Their goal is to bring about a resolution as efficiently as possible without compromising your defense.
What You Should Do If You’ve Been Sued
If you’re facing a personal injury lawsuit in Kansas, don’t panic—and don’t ignore it. The legal process gives you many opportunities to tell your side and protect your rights.
At Harris & Hart Attorneys at Law, the attorneys have defended clients in cases ranging from car accidents to wrongful death. They know how these claims work in Kansas courts, and they're ready to help you move forward with confidence.
Start by gathering any documents or evidence you have related to the incident. Avoid speaking to the plaintiff or their attorney directly. If you’ve already received a complaint, contact Harris & Hart Attorneys at Law right away.
Committed Legal Counsel
The attorneys at Harris & Hart Attorneys at Law strive to provide compassionate and comprehensive counsel, while helping you understand the defense process. Located in Overland Park, Kansas, they serve clients in Missouri and Kansas. Call today to see how they can assist with your defense.
