Is Kansas A No-Fault State For Car Accidents 2022?

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.  

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When to Sue for Auto Negligence in Kansas

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 state. 

The 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 damages.

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.

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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.

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Final Takeaway:

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 Kansas. 

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