HOW DO I FIGURE OUT WHAT A FAIR SETTLEMENT OFFER WOULD BE?
Evaluating personal injury claims can be complex. Factors that need to be considered in almost every case include:
• The amount of medical bills, and whether they have been paid or remain outstanding;
• If you have lost your job, or the ability to perform functions of your job;
• The percentage of fault of different parties involved in an accident;
• Whether injuries have been documented and evaluated by medical professionals;
• The amount of insurance coverage the parties involved in the accident may have; and
• Will the injuries you’ve sustained last for days, weeks, months, or maybe even the rest of your life.
HOW CAN I AFFORD A WICHITA PERSONAL INJURY LAWYER?
Our team of Wichita personal injury lawyers do not charge a fee unless you receive compensation for your accident or injury. No payment is made until recovery is made on your behalf.
DO I HAVE BENEFITS UNDER MY OWN INSURANCE POLICY?
In Wichita auto accident cases, Kansas law requires every car insurance policy to provide owner’s with Personal Injury Protection (PIP). These benefits will provide you with rehabilitation and/or medical benefits regardless of who caused the accident, up to the limit of your own insurance policy. If you don’t have auto insurance? You may still obtain PIP coverage by the policy if you a dependent of someone else or the driver of the vehicle at the time of an accident. If you are still not covered, you may qualify for PIP coverage from the insurer of the at-fault party. We know this gets confusing, that’s why it’s important to review this matter with one of our lawyers to determine which policy may cover the injuries you’ve sustained.
WILL I HAVE TO GO TO COURT?
Our firm prepares every case as if it were headed to court. However, in most cases, a lawyer will present your case to persuade the insurance company or a mediator that you are entitled to receive a certain amount of compensation for your injuries. If the insurance company does not agree with our lawyer’s evaluation, or the evaluation of medical experts who have examined your injury, then the case may proceed to trial. For children under the age of 18, court appearances are generally required before legal matters can be resolved. This type of proceeding is generally informal and a lawyer from our team will stand beside you and guide you through the process.
WHAT DAMAGES MIGHT A PERSON RECEIVE FOR AN INJURY?
Injury victims may be entitled to damages for different types of losses sustained as the result of an injury. Damages commonly include:
- The medical bills you’ve incurred as the result of an injury, both past and possible future bills;
- Wages you’ve lost as a result of your injury;
- Pain, suffering, emotional distress, and disability;
- Any loss of love or affection caused by your injury;
- Mental or physical disabilities;
- Permanent damage such as scarring;
- Property damage to your vehicle or belongings; as well as
- Most out-of-pocket expenses, including prescriptions and transportation charges are covered.
IF I AM PARTLY RESPONSIBLE FOR AN ACCIDENT, CAN I STILL RECOVER?
In Kansas, as long as the accident is not more your fault than anyone else’s involved in the case, you will still be able to recover for damages resulting from your injury. However, depending on the amount of fault, your damages may be reduced by the percentage of fault you’ve contributed. For example, if your case were worth $100,000 and you were 30% at fault, you may have your damages reduced by $30,000. However, your percentage of fault does not have an impact on your right to recover any no-fault insurance benefits under your insurance policy.
WHAT HAPPENS IF I DON’T OWN A CAR OR I DON’T HAVE AUTO INSURANCE?
The car insurance policy of the driver who was at fault should pay for any medical bills you’ve sustained from your injury. The insurance policy of the at fault driver should also cover lost wages caused by your injury.
WHO PAYS FOR MY LOST WAGES AND HOW MUCH CAN I RECEIVE?
Lost wages and compensation for any loss of abilities to perform at your job depend on the type of accident. In Wichita, if you’ve been injured in a car accident, the first payment you may receive would be under your Personal Injury Protection (PIP) benefits. For other types of accidents, any medical expenses or wage loss may be covered by your health insurance. You may be one of the many Kansans without health insurance. Give us a call and we may try to determine what options you have available.