Car Accident Attorney in Wichita, Kansas
Auto accidents are common in Kansas and across the United States. Unfortunately, many car accident victims often sustain severe injuries, including bruises, concussions, bone fractures, back injuries, neck injuries, head injuries, TBI, internal bleeding, whiplash, and sometimes death. If you or someone close to you were involved in an automobile accident caused by another person's negligent acts, you may be entitled to pursue compensation through an injury claim or lawsuit.
At Hess Law LLC, I'm dedicated to offering vigorous representation, guidance, and personalized attention to clients in their car accident cases. As a practicing Kansas personal injury attorney, I can review every aspect of your case, conduct a thorough investigation, and explore your options to seek damages. In addition, I will fight compassionately for your rights and do my absolute best to recover the maximum financial compensation you're entitled to.
My firm—Hess Law LLC—proudly serves clients in Wichita, Kansas, and surrounding areas throughout Sedgwick County.
Liability for Car Accidents in Kansas
Kansas is a "no-fault" auto accident state. Under the state's no-fault system, accident victims will file a claim with their own auto insurance policy (PIP coverage) to recover damages for medical costs, lost income, and some other out-of-pocket expenses—up to the coverage limit—notwithstanding the at-fault party. For this reason, motorists in Kansas are expected to always carry Personal Injury Protection (PIP) policy.
Utilizing PIP Insurance
What's more, the basic personal injury protection coverage in Kansas—with minimum limits—will provide accident victims with the following benefits:
$4,500 per person for medical expenses
$900 per month for disability or lost income (up to 12 months or $10,800 total)
$4,500 for rehabilitation expenses
$25 daily for housekeeping and other in-home services (up to 365 days or $9,125 total)
$2,000 for funeral, burial, or cremation expenses if the victim died
Liability Insurance Coverage Requirements
As mentioned earlier, drivers in Kansas must have a liability insurance policy with the following minimum coverage amounts:
$25,000 for bodily injury for a single person per accident
$50,000 for total bodily injury to two or more persons per accident
$25,000 for property damage per accident
No-Fault/Personal Injury Protection (PIP) coverage
Uninsured/underinsured motorist coverage at $25,000 for bodily injury per person and $50,000 per accident
In addition, victims who suffer serious injuries and property damages that exceed the coverage limits of their insurance policy may be entitled to seek additional compensation by filing a third-party claim or lawsuit against the liable party.
Filing Suit Against At-Fault Driver
Kansas auto accident laws allow victims to step outside the state's no-fault system and file a third-party claim or lawsuit against the at-fault party if they exceed $2,000.00 in medical cost or they suffered a serious injury.
Under Kansas law, serious injuries include:
displaced, compound, or compressed fracture of any bone;
fracture of weight-bearing bone; and,
permanent loss of body function.
An experienced Kansas car accident attorney can enlighten you about your available legal options to recover damages and ensure you file your personal injury claim as soon as possible.
Statute of Limitations
Furthermore, the Kansas statute of limitations for personal injury cases, including car accident claims, is two (2) years from the date the traffic crash or injury occurred. This means that you must file a civil action to pursue damages within two years of the accident or injury.
Comparative Fault Rule in Kansas
In addition, Kansas follows the modified comparative fault principle, with a 50% bar. According to the rule, you may be entitled to pursue damages for your auto accident injuries if you were partially (less than 50%) responsible for the accident or injuries. However, the amount of compensation that you may recover will be reduced by your fault degree.
For example, if the judge awards $80,000 in total damages against the liable party, but you were determined to be 10% responsible for the auto accident, this will reduce your compensation by $8,000. Hence, you will only be eligible to receive 90% of $80,000 ($72,000).
Under Kansas's modified comparative fault system, you will be barred completely from pursuing financial compensation if you were equally or mostly (50% or more) responsible for your injuries or auto accident.
How Legal Counsel Can Help
A traffic crash can be a difficult experience for accident victims and their families. Such an unfortunate incident can affect you physically, emotionally, and financially. Nonetheless, you don't have to go through all the financial liability and challenges alone. Therefore, if you or a loved one were hurt in an auto accident, retaining an experienced personal injury attorney is imperative to protect your rights and help pursue your deserved financial compensation.
At Hess Law LLC, I have devoted my career to offering outstanding legal services and advocating for the best interests of car accident victims and their loved ones. Using my in-depth legal understanding, I can walk you through the complex processes involved in filing accident claims and recovering damages. Above all, I will fight zealously on your side and help you seek fair financial compensation for your injuries, damages, and losses.
Car Accident Attorney in Wichita, Kansas
If you or someone close to you were hurt in a negligent car accident, you may pursue damages. Contact me at Hess Law LLC today to schedule a simple case evaluation. I can offer you the highly-personalized legal counsel and skilled representation you need in your car accident claim. My firm proudly serves clients in Wichita and throughout Sedgwick County, Kansas.