Yes, Kansas is a
no-fault state for auto accidents. The no-fault law essentially implies that
the damages incurred in automobile accidents are covered by insurers without
looking at the person at fault. The law thus restricts you from suing others in
case of a car accident, discouraging litigation for minor accidents and only
allowing you to seek compensation only in the event of serious injuries or
death. Let’s expound more on what this
might mean to your personal injury claim in Kansas.
Can you sue the party at fault in an auto accident in Kansas?
Yes! Many people assume that the system at Kansas allows reckless drivers to walk away untouched while you struggle through intense pain and mountainous bills. That’s a misconception! According to the law, it is mandatory for all drivers to purchase insurance policies for protection and in case of an accident, they should first turn to their insurers for compensation. The no-fault law though has some exceptions. If you have serious injuries or the car is severely damaged, you can still sue the party at fault and get compensation fees.
Car accidents can
change the trajectory of life and weigh heavily on every victim. Apart from
mental agony and take a break from normal duties, you will keep catering for medical bills. They mainly include
emergency attendance fees, X-rays, hospitalization, medication, and surgery,
etc. With severe injuries, you may end up spending more for physical therapy
services. In addition, you will need to do extensive repair or you will have to
purchase a new car because the majority of accidents leave cars in a wrecked
auto accident can also prevent you from working and generating income like you
used to. Other accidents lead to paralysis, scarring, or loss of a body organ,
and as a victim, you will need a lot of time and professional help to get
acquainted with the new reality and adjust.
In case of death,
family members will require finances for the funeral and restarting life in the
victim’s absence. Because of these financial and non-financial burdens, it’s
only fair for the party at fault to pay for the damages. That’s where the
no-fault law has exceptions to allow victims of auto-negligence to sue for
How Can You File a Personal Injury Lawsuit in Kansas?
Kansas law says that
you are entitled to compensation if the accident emerged from negligence like
drunk driving, recklessness, use of mobile phones when driving, worn-out cars,
a car malfunctioning, fatigue among other distractions when driving. As mentioned
above, recovery from a car accident should first be facilitated by the
compensation fees provided by the insurer. However, if the medical expenses are
high, generally above $2000, have a fractured or compressed bone, or have
permanent scarring or disability, or if the victim dies, you should go on and
file the case.
You will soon realize
two things; that insufficient knowledge about the legal process prevents you
from making a strong case, and serious injuries are not a direct ticket to
getting the compensation. This is a hard knock, but before calling it quits,
you should speak to an experienced car accident lawyer. Yes, a skilled car
accident attorney will make everything simple, from filing the case to pushing
for fair compensation from the negligent party.
Skilled attorneys are
quite thorough in their work. Once handed the case, they will get to down to
drilling down the evidence plus they will ensure they guide you through the
legal process and mistakes to avoid. The attorney will also evaluate the car
accident at length to see
the extent of damage and your percentage fault, equate the sum to a monetary
equivalent and push for fair compensation. Technically, there is no limit to
the amount of money you as the victim can receive but it will depend on the damage
you have incurred.
If the evidence shows that you played a part in the accident, the attorney will still be present to ensure a fair reduction is done.
Without little to no
legal knowledge, it may appear that the no-fault law in Kansas prevents you
from suing for auto accident negligence. Well, you can and an auto accident
attorney can help you get the compensation you deserve. Remember, it takes a
skilled car accident lawyer to win a case in a no-fault state. So, work only
with an experienced lawyer who has a track record with car accident lawsuits in