Brad Pistotnik Law
Abogado El Toro

Collecting Compensation Following a Kansas Car Accident

According to the Kansas Department of Transportation, there were 58,500 Kansas car accidents in 2013, involving 18,000 injuries and 350 fatalities. Over 60% of these accidents occurred in the major urban centers of Wichita, Kansas City, Lawrence, and Topeka, over 50% happened on local city streets, and most of the remaining incidents took place on Interstates 35, 70, 135, and 335; on US Highways 50, 54, 56, 83,183, and 400; and on other major roads throughout the state. Many accidents happen in Wichita on Kellogg, I-135 and I-235. In northern Kansas many accidents happen on I-70 and I-35 as well as the Kansas Turnpike.

If you or someone you love have been involved, through no fault of your own, in a Kansas car accident, you need not suffer the financial, physical, and emotional consequences without due compensation. You are entitled to be fully compensated for all losses stemming from the negligence/misconduct of others. To maximize your chances of winning your claim, however, you will need to secure the services of an experienced Kansas car accident lawyer and learn some of the basics of Kansas car accident law.

Understanding Kansas' No-Fault Car Insurance Rule

All Kansas drivers injured in an accident are normally required to collect on their own insurance policy, regardless of who was at fault. To get an "exemption" from this no-fault rule and file a personal injury claim, your injury must have incurred more than $2,000 in medical expenses and/or must qualify as a "serious injury," such as an injury to a weight-bearing bone, a comminuted fracture or have a doctor's opinion that you have permanent disability. This is called the threshold to bring a claim for pain and suffering, mental anguish, disability and other noneconomic losses.

Understanding Kansas' Modified Comparative Fault Rule

In Kansas, it is possible for a judge/jury to find that either you or the other driver was entirely at fault in the auto accident or that both parties shared fault to some degree. This is critical because if you are deemed over 50% at fault you cannot collect on your claim. If the other driver is mostly at fault (say 90%) but you are still partially at fault (say 10%), then your compensation will be reduced by 10%. Even before you go to trial (which is usually not necessary), insurance adjusters will seek to reduce your claim if they allege you are partly at fault. It is crucial to have an experienced car accident attorney negotiating on your behalf to ensure you are not bullied by insurers, who may be reluctant to pay out full and fair compensation.

When Do I File My Claim and Where Do I Go for Help?

For personal injury suits, Kansas has a two-year statute of limitations from the date of the injury (or sometimes from the date of discovery of the injury). After this "time limit" expires, you will forever lose your right to file for compensation. This underscores the importance of making no delay in contacting a good lawyer who can help you file your claim. Minors under the age of eighteen and certain disabled persons may have a statute that is longer than two years. For the most part we always advise you that you must speak to an attorney to determine the true applicable statute of limitations in Kansas or in whatever state you had an accident. Every case varies due to different facts and circumstances.

Be sure to go to a lawyer with deep experience in handling Kansas car accident cases and that understands the details of Kansas law. Brad Pistotnik Law, based in Wichita, concentrates in Kansas car accident law and has been doing so for over 30 years.

Brad Pistotnik Law frequently wins cases involving catastrophic injuries from car, truck, and motorcycle accidents, serving clients in Wichita, Dodge City, Liberal, Garden City, Kansas City, Colby, Hays, Salina, Hutchinson, Junction City, Emporia, Pittsburg, Abilene, and throughout Kansas.

Feel free to contact Brad Pistotnik 24/7 at 1-800-BRAD, at 316-684-4400, or on his cell phone at 316-706-5020 for a free legal consultation and immediate attention to your case.