Most people think that you only need an accident lawyer if your case is headed to court. That is not true. In fact, most lawyers prefer to settle disputes out of court. The reason is that out-of-court settlements are less stressful even to the client.
Lawyers typically try to get the best possible settlement within the shortest possible time. If that is what you also want, then hiring a Wichita accident attorney would make perfect sense.
So, what exactly do these attorneys do?
A “Statute of Limitation” is the timeframe within which a claim must be filed. In Kansas, this period is two years from the date of the negligence. Once the two years have passed, you forever lose the right to bring the case to court. There are exceptions to this for minors, malpractice cases, people with a serious brain injury and other special circumstances. If you have certain types of cases like defamation and invasion of privacy the statute of limitations period is only one year. To know for sure you have to call a lawyer for each specific set of facts which vary greatly case by case. Once the statute of limitations period runs out, you lose automatically.
Brad Pistotnik Law will not only know about this but will also be aware of any special considerations that should be taken care of. For instance, under the discovery rule, the Statutes of Limitation clock starts to tick, not at the time the accident occurred, but at the time the victim discovered (or should have discovered) that he or she was injured. The problem with this rule is that the discovery rule is Kansas is very strange, especially in medical negligence cases so you cannot rely on the date of discovery.
Your accident attorney can also file the claim on your behalf. The filing process is quite demanding in itself. The attorney will have to obtain witness statements, official reports, photographs etc as part of the evidence needed to verify how the accident happened and establish who was at fault.
After your physical condition has stabilized, the attorney may also want to obtain medical records, reports, and bills to be used in determining an appropriate compensation.
Accident lawyers are also responsible for soliciting offers from the insurance company involved. First, the lawyer will prepare a settlement demand letter and send it to the insurance company. The company then has to review it and determine whether they require certain adjustments to be made. Remember that insurance companies also have experienced lawyers whose main job is to help them determine appropriate settlement packages.
If you (on the advice of your lawyer) feel that the insurer’s offer isn’t sufficient, the lawyer will advise you on alternative courses of action.
When it becomes impossible to obtain a fair settlement through negotiation, your lawyer is most like to take the case to court or demand arbitration. If the case goes to court, you can again count on your Wichita accident attorney to represent you and argue your case with zeal.
The lawyer will instruct you at every step of the proceedings and even use defendant’s answers from the “discovery” proceedings to substantiate your claim. At trial, the lawyer will be your champion before the judge and the jury.
It is common for people who are involved in accidents to experience financial disruptions. Apart from the fact that the injured person may not be able to work leading to lost wages, there is usually an increased financial obligation in form of medical bills. If you will be unable to meet your financial obligations, it is important to inform your creditors in time.
Your attorney can contact the creditors on your behalf to verify your accident and (if need be) make arrangements to protect the creditor’s claims out of the proceeds of the settlement.
If you or your loved one has been involved in an accident, contact the reliable Brad Pistotnik Law immediately to discuss your options. Call us at 316-684-4400 or 800-241-BRAD or call Brad on his cell at 316-706-5020. We serve Wichita and travel from border to border so if you are in Liberal or Hugoton call us. If you are in Kansas City or Topeka call us. If you are in Pittsburg call us. Dodge City, Goodland, Garden City, Emporia or elsewhere, we are here for you.
Brad Pistotnik Law, P.A.
10111 East 21st St
Wichita, KS 67206