Brad Pistotnik Law
Abogado El Toro

Is an Injury accident Attorney Optional in Personal Injury Cases?

Accident Attorney in Wichita, Dodge City, Garden City and Liberal

Accidents are traumatizing in many ways. Apart from the sometimes excessive pain and risk of suffering permanent disability, getting an appropriate compensation may not be easy. Dealing with insurance companies is particularly challenging as these companies’ resolve to pay the least possible amount cannot be contested.

It is therefore common for victims and their loved one to seriously evaluate the pros and cons of hiring an accident injury attorney.

On one hand, hiring an experienced attorney might appear as your best opportunity to get the highest possible compensation. On the other hand, most people, especially those who have never dealt with an attorney in the past, may be hesitant to contact one, fearing for the often high attorney fees.

So, when is an attorney necessary and when is it advisable to sail along without one?

Cases that may not need an accident injury attorney

Two common examples are;

  • If you live in a no-fault state

In no-fault states, one can only sue for damages if the injuries sustained meet a certain threshold. Thresholds essentially refer to the severity of an injury. Depending on the sate, the thresholds can be expressed in verbal terms or in dollar amounts of medical bills.

Kansas is one of the twelve states with no-fault auto insurance laws – verbal thresholds to be specific. In Kansas, you are limited to recovering damages exclusively from your personal injury protection claim. This means that hiring an attorney for minor injuries might not make sense.

The no-fault laws are found in the Kansas Automobile Injury Reparations Act.

The problem, however, is that injuries that appear minor from the outlook might actually be very serious. To be completely sure, make it a point to get a proper checkup by a highly qualified physician. If the injuries are proved to be more serious than first thought, don’t hesitate to contact an accident injury attorney.

  • The insurer is already offering the maximum possible amount

If your insurance company is already offering the maximum possible amount at settlement, then it may also make little sense involving an attorney. Insurance companies can only pay to their limits. If the limit is $200,000 and they are already offering the $200,000, then it might be advisable to take it and be happy. However, many lawyers may not properly look for the excess or umbrella policies and many insurance companies will hide this information from you. If you have high uninsured and underinsured motorist coverage known as UM and UIM coverage, then you cannot settled with the tortfeasor or person that caused the accident until you follow the statutory requirements of K.S.A. 40-284.

The other exceptions may be where you are hit by a business vehicle from a wealthy company or if you feel that the party at fault (the defendant) has assets or money, and that you deserve to collect additional damages from these assets. In this case, an accident injury attorney would push the limits to help you get something from the at-fault's pockets.

Why even minor injuries might still require the input of an attorney

There are several reasons why you should always seek the input of an attorney even if the injuries suffered are minor;

  • Attorneys offer FREE consultation services

If not all, then most of the major law firms will offer free consultation. At Brad Pistotnik Law consultations are completely free; you don’t have to pay a cent. This means that you can simply walk to the attorney’s office, discuss the situation, and walk out.

  • Attorneys charge fees on a contingency basis

Again, this allows you to confidently approach the best attorneys and ask them to handle your case. The bottom line is; they can only take money from the recovery. Considering that most attorneys charge less than a third of the recovered amount, the attorney would want to get the highest recovery possible. The good news is; the higher the recovery, the more money you get.

So, yes, accident injury attorneys might be optional in some cases. However, even in these scenarios, you wouldn’t lose anything if you involved them. In fact, you only stand to gain! We encourage you to learn more about Brad Pistotnik and the experience he has as the premier accident injury attorney in Kansas.

Brad Pistotnik founded Pistotnik Law in 1983 and is now known as Brad Pistotnik Law, P.A. We work all over the state of Kansas and multi-state region. You can call us 24 hours a day at 316-684-4400 or 800-241-BRAD or call Brad on his cell at 316-706-5020. We help people in Dodge City, Garden City, Ulysses, Great Bend, Salina, Hays, Colby, Goodland, Bird City, Wichita, Emporia, Topeka, Newton, McPherson, Hutchinson, Kingman, Pratt, Larned and many other cities and towns across Kansas.