Personal Injury Attorney in Wichita, Kansas

Working through the physical and emotional pain of healing from an injury can be a long and arduous process. Plus, you will likely be saddled with medical bills and other expenses related to your injury that you’ll have to figure out how to pay. This is hard enough on its own, but when the injury happened due the negligence of another person, you will have the added burden of possibly first pursuing compensation through your own insurance policy and then through the other persons or responsible party's insurance policy for a personal injury claim. All too often people are unprepared for what this entails. 

If you have questions like, “Who pays for damages after an accident?” or “Who is liable for the injury or accident?” you need to speak with an experienced personal injury attorney who can give you comprehensive and personalized legal advice. At Hess Law LLC, I can represent clients in Wichita, Kansas, and throughout Sedgwick County. Reach out to me today to set up a consultation. 

Personal Injury Claims in Kansas  

The first question you’ll need to answer when you’re seeking compensation for an injury is, “Is Kansas a fault state?” Each state determines whether they’re a “fault” state or a “no-fault” state when it comes to insurance claims. Kansas is a no-fault state which means that after an accident (for example, a car crash) you must first file a claim through your own insurance provider before pursuing a claim with the at-fault party. This is true regardless of who caused the accident. 

If, after going through your insurance, you are still incurring expenses, you may be able to file a lawsuit, but this must be done within two years of the date of the incident. It’s here that another state law comes into play. This is known as the comparative negligence rule. This rule states that negligence in an accident can be shared among the parties involved. For instance, if you were bitten by someone else’s dog who was off-leash and you sustained serious injuries because of it, you would likely have grounds to file a personal injury claim against the owner. However, if a judge finds that you held some of the responsibility for the accident occurring (perhaps you weren’t paying attention to where you were going), your total compensation could be reduced. In this example, if the dog’s owner was found to be 80% responsible and you found to be 20% responsibility and the total award of damages was $10,000, you would only recover $8,000. 

Filing a Personal Injury Claim  

The process for pursuing and receiving compensation for an injury can be long and complicated, which is why most people choose to work with a skilled attorney. Because Kansas is a no-fault state, you’ll first have to make two insurance claims (one against your own policy and one against the other party’s) before you can pursue a lawsuit.   

When you first file against your own insurance, you’ll be using your personal injury protection (PIP) coverage. It’s important to point out that PIP coverage only covers medical expenses (or expenses directly related to your injuries such as reimbursement for lost wages) and does not cover any property damage that may have occurred during the accident.  The minimum amount of PIP coverage that drivers in Kansas must carry is only $4,500, so if your injuries are extensive, this will quickly run out. In the case of an auto accident, you’ll likely have to file a claim with the other driver regardless to cover your repair bills. If your PIP coverage runs out and your injuries are “serious” (which could include disfigurement, breaking a weight-bearing bone, or suffering from a permanent injury), you may then file a claim with the other driver to pursue the compensation you need.  

The last stage of this process is litigation, but this should only be done with the help of a lawyer. An experienced attorney can evaluate all the available evidence, educate you on your options, and give you a realistic idea of what you can expect. If your case does see the inside of a courtroom, an attorney will fight aggressively on your behalf for a fair settlement.  

Damages Available 

The actual damages you can expect from a lawsuit will vary depending on the details of your specific case (and no attorney should ever promise you a certain dollar amount). That said, you may be awarded damages for medical expenses, property damage, lost wages (and future lost wages), pain and suffering, emotional distress, or loss of consortium. In rare cases, you may also be able to seek punitive damages, but these are usually reserved for extreme cases of willful negligence or intentional acts. 

Working through the physical and emotional pain of healing from an injury can be a long and arduous process. Plus, you will likely be saddled with medical bills and other expenses related to your injury that you’ll have to figure out how to pay. This is hard enough on its own, but when the injury happened due to the negligence or intentional acts of another person, you’ll have the added burden of pursuing compensation through their insurance policy or a personal injury claim. All too often people are unprepared for what this entails. 

If you have questions like, “Who pays for damages after an accident?” or “Who is liable for the injury or accident?” you need to speak with an experienced personal injury attorney who can give you comprehensive and personalized legal advice. At Hess Law LLC, I can represent clients in Wichita, Kansas, and throughout Cedrick County. Reach out to me today to set up a consultation.