How can you be sure you're getting a fair car accident settlement? When you are involved in a Kansas car accident which leaves you injured and buried under a mountain of medical expenses, loss of income, and pain and suffering, through no fault of your own, you are entitled to full reimbursement by the at-fault party. In most cases, this takes the form of the at-fault party's insurer paying the claim.
If you don't receive a full and fair settlement amount, you may not be able to make up for the financial impact the accident has had on your life. Only by enlisting the experienced help of a Kansas personal injury lawyer can you hope to secure a maximized car accident settlement.
Preliminary Preparations to Filing a Claim
Under Kansas personal injury law you only have a 2-year statute of limitations to file your claim. While this is a substantial period, there is a lot to do before filing a claim that will increase your chances of a fair settlement.
Be sure to obtain photographs of the scene of the accident and the results of the accident, including property damage and physical injuries. Also be sure you have a copy of the official police report.
Use your PIP (personal injury protection) funds from your own car insurance and move on to using your health insurance to pay for all accident related medical expenses. Keep detailed records of the medical expenses, including any you are forced to pay out of pocket.
Never hand over a recorded statement of expenses related to your injury to the other party's insurer without first consulting a lawyer. Also, never discuss these kinds of numbers on social media, cell phone, or email, etc. Keep it all as confidential as possible until it is time to file your claim.
Calculating the Total Damages
A good lawyer can assist you with preparing for a case, as well as determining the right amount to file your car accident settlement claim for.
You will need to consider both economic and non-economic damages. Economic damages are called "special damages" and can be precisely added up. These include medical bills, transportation costs, purchased items, and lost income associated with the injury. Lost income, lost income capacity, and expected future years in the workforce all must be determined and documented. This can be a complex calculation. Especially if you were unemployed or self-employed at the time of the accident.
Non-economic damages (for pain and suffering) are capped at $250,000 in Kansas. They are usually calculated based on multiplying the economic damages by a certain number and looking at the nature of the injuries and their treatments.
Only after these initial preparations and calculations have been made should you submit a "demand letter" to the at-fault party's insurer and begin negotiations.
Contact Us Today For Immediate Assistance
At Brad Pistotnik Law, we have the detailed knowledge of Kansas litigation law, local civil court processes, and how to effectively negotiate with insurers and at-fault parties. We know what it takes to win you the maximum car accident settlement.
To learn more, call Brad Pistotnik 24/7/365 at 800-241-BRAD, 316-684-4400, or 316-706-5020 (Brad's cell number). You can also contact us through Brad's law partner Tony Atterbury by calling 316-617-9237 or by filling out our online contact form.
Pistotnik Law is based out of Wichita, KS, but serves communities across the entire state, including: Liberal, Garden City, Dodge City, Hays, Hutchinson, Salina, Colby, Newton, Arkansas City, Goodland, Wellington, Manhattan, Coffeyville, Topeka, Kansas City, and more.