Experiencing a car accident is already traumatic enough, often resulting in serious physical and mental damage. Adding the challenges of dealing with drivers who are uninsured or underinsured is all the more stressful.
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Personal Injury FAQs
In Kansas, individuals who are involved in an auto accident or who suffer a personal injury may be able to seek financial compensation by filing a claim, regardless of the at-fault party. However, there are various statutes and rules guiding how to file injury claims and your options to recover damages after an accident or personal injury. If you find yourself in this situation, speaking with a Kansas personal injury attorney is beneficial to understand your options.
Since 1986, at Hess Law LLC, I have been providing comprehensive guidance and compassionate representation to clients in their personal injury cases. I can review your conditions, explore your options to pursue damages, and answer some of your frequently asked questions about personal injury in Kansas. My firm proudly serves clients across Wichita and Sedgwick County, Kansas.
Filing a Personal Injury Claim in Kansas
Kansas is a "no-fault" state for traffic crashes and personal injuries. According to the state's no-fault system, personal injury and accident victims will file an insurance claim with their own insurer (PIP coverage) to recover medical costs, lost wages, and some other out-of-pocket expenses – up to the coverage limit – regardless of who was at fault for the incident.
Utilizing PIP Insurance
Basic personal injury protection coverage in Kansas – with minimum limits – provides the following benefits to claimants:
$4,500 per person for medical costs.
$4,500 for rehabilitation expenses.
$900 per month for disability or lost income (up to 12 months or $10,800 total).
$25 daily for housekeeping and other in-home services (up to 365 days or $9,125 total).
$2,000 for burial, funeral, or cremation expenses if the victim died.
Filing Suit Against At-Fault Driver
Depending on your position, you can step outside Kansas's no-fault system and file a third-party claim or lawsuit against the liable party if:
you exceeded your PIP policy limit for medical expenses, and
you suffered a "serious injury."
According to Kansas law, a serious injury comprises any of the following:
Permanent injury
Permanent disfigurement
Permanent loss of body function
Fracture of weight-bearing bone
Displaced, compound, or compressed fracture of any bone
A compassionate Kansas car accident attorney can explore your possible options to seek compensation and direct you through the personal injury claims process.
Frequently Asked Questions about Personal Injuries
What Should I Do After an Accident?
Here are some crucial steps to take after an accident, where possible:
Exit your car carefully and get to safety.
Call 911 to receive immediate medical attention for your injuries.
Report the traffic crash to the nearest local police department.
Document your injuries and gather accident scene photos, police reports, and witness statements.
Document your medical treatments, medical records, hospital bills, and doctor's appointments.
Document your personal account of the accident and how it has affected your day-to-day life and work.
Inform your insurance carrier about the accident or injury.
Hire a dependable lawyer to help file your claims and negotiate a fair settlement with the insurance company.
I Don't Feel Hurt. Should I Still See a Doctor?
Seeking immediate medical help after an injury or accident is crucial for both legal and personal reasons. Whether you only sustained minor injuries or you feel fine, you should still see an experienced physician:
For your health, safety, and general well-being.
To detect injuries and symptoms that are hidden.
To make sure all your injuries, treatments received, and medical records are properly documented.
To avoid potential problems when filing your claims
To remain compliant with insurance requirements and procedures.
What if I Was Partially At-Fault?
Kansas operates using the modified comparative fault system, with a 50% bar. Under the principle, you can seek compensation for your personal injuries if you were partially (less than 50%) at fault for the incident. However, the amount of damages which may be recovered will be reduced by your degree of fault. According to Kansas's modified comparative fault rule, you will be completely barred from seeking damages if you were equally or mostly (50% or more) at fault for your injuries.
How Long Do I Have to File a Personal Injury Claim?
What's more, the statute of limitations for personal injury cases in Kansas is two (2) years from the date of the injury or accident. Therefore, you must file a civil action to recover damages within two years from when the injury or accident occurred.
What if I'm Injured, and the Other Party Has No Insurance?
If you were injured by an uninsured driver, it is never advisable to file an insurance claim against such a driver. Unfortunately, they may be unable to pay financial compensation for your injuries and vehicle damage. Alternatively, you can file an uninsured driver's claim with your own insurance company. Moreover, since Kansas is a "no-fault" state for motor vehicle accidents, you can file a claim with your own insurance carrier to seek damages.
Do I Need to Hire a Personal Injury Attorney?
If you suffered a personal injury or were hurt in an accident, it is important that you retain a seasoned personal injury lawyer to advocate for your best interests. Your legal counsel can investigate all of the facts of your case and explore your possible legal options to seek damages.
In addition, your attorney can help file your insurance claims, negotiate a fair settlement with the insurance provider, or take additional legal action if required. Your lawyer will represent you diligently in your case and help you seek your rightful financial justice.
Let My Experience Guide You
Getting experienced guidance and representation when filing a personal injury claim is imperative to achieve a favorable outcome. Contact me at Hess Law LLC today to schedule a simple case evaluation with a seasoned personal injury attorney. I can offer you the highly personalized legal counsel and vigorous representation you need in your injury claims. My firm proudly serves clients across Wichita and Sedgwick County, Kansas.
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