Personal Injury FAQs
When most people think about a personal injury claim, they only think about getting a settlement from someone’s insurance company. If you can prove your claim, you may get a settlement, but will it be enough to fairly compensate you for your damages?
If achieving a just settlement was easy, you wouldn’t need a personal injury attorney to represent you. It’s not easy. Insurance companies will fight tooth and nail to avoid paying you what you deserve or to avoid paying you a dime.
Winning fair insurance settlements and jury awards is hard work, and it is precisely the work we do at Adams Cross, LLC. Our Kansas City team is passionate about educating our clients about the process so they can make informed decisions about their cases. If you want to learn more about personal injury claims, this is a good place to begin.
Kansas Personal Injury Basics
There are fault and no-fault states for personal injury claims. In fault states, the person who caused the accident, also known as the “negligent party,” is financially responsible for paying the damages incurred by the victims of their negligence.
Is Kansas a fault state? It is one of 12 states that are no-fault states. In such states, the injured person’s insurance is expected to pay for their damages, regardless of who is at fault for the accident that caused them. This may sound somewhat unfair, but no-fault states operate under the premise that this practice reduces the cost of insurance to residents in the state.
However, this doesn’t mean that if someone else was negligent and you ended up injured that you cannot file a personal injury claim against that person’s liability insurance coverage. Once you exhaust your personal injury protection (PIP) benefits, you can pursue a third-party liability claim. Your injuries and damages exceed the value of your own coverage, so you can work to recover what is fair from the negligent party. Moreover, you can recover compensation for noneconomic damages such as pain and suffering, which you cannot recover under your PIP coverage.
Frequently Asked Questions About Personal Injury Claims
What should I do after an accident?
You should seek immediate medical attention after an accident, even if you aren’t sure or don’t think you are injured. Some injuries are not apparent for hours, days, or weeks afterward, so have an emergency physician examine you.
Contact your insurance company to access your PIP coverage to pay for medical bills, income lost while you are unable to work, and services you may need during recovery. Then, call a personal injury attorney from Adams Cross, LLC to explore your options for pursuing a claim against the negligent party.
What if I was partially to blame?
Even if you share some fault for the accident, you may still be able to recover damages in a third-party claim. Under the state’s modified comparative negligence rule, you can be 50% or less at fault and still file a claim. Any settlement or jury award will be reduced by your percentage of fault. So, if you are awarded $50,000 in damages and you are 20% at fault, your award would be reduced by $10,000.
Should I talk with the insurance adjuster?
If you file a claim against the negligent party’s liability insurance, the adjuster will want to talk to you. In fact, they will want to interview you and record it. Although the burden of proof of negligence and your damages is your responsibility, you do not want to talk to the insurance adjuster without your personal injury attorney. Adjusters ask questions designed to make you admit fault and to contradict yourself to throw doubt on your honesty. Your attorney will make sure you answer only what is necessary. Although you need to respond truthfully, there is no need for embellishment or admission of guilt.
Are there time limits on filing a personal injury claim?
Kansas has a short statute of limitations for personal injury claims. It is only two years from the date of the accident. You must either settle your claim with the negligent party’s insurer or file a lawsuit against the negligent party before the two years expire. Otherwise, you forfeit your right to seek compensation from that party. This brief period is another reason why it is smart to work with Adams Cross, LLC.
What if the person at fault doesn’t have insurance?
Despite the legal requirement that all auto owners in Kansas carry at least the minimum limits of liability insurance, not every person complies. Kansas also requires all auto owners to carry at least minimum limits of uninsured motorist insurance. As long as you have complied with the law, you will be able to file a claim against your own uninsured motorist coverage up to the limits of your policy if the at-fault driver is uninsured.
Do I need to hire a personal injury attorney?
Nothing in Kansas law requires that you hire a personal injury lawyer to represent you. However, you will benefit from the experience and expertise of an attorney with a solid track record in Kansas personal injury, like our attorneys at Adams Cross, LLC. We investigate the accident, ensure that we gather all of the documents and evidence of fault required to substantiate your claim, and counter allegations of fault made against you. We don’t collect fees unless you settle your claim or are awarded a verdict. You get the full benefit of our knowledge and skills.
Understand Your Rights and Options After an Injury
Prevailing in a personal injury claim requires investigative know-how, aggressive negotiation skills, legal knowledge, and litigation prowess. Obtaining justice for injured clients in Olathe, Kansas, and throughout the Kansas City metro is what we do.
Explore your options by calling Adams Cross, LLC, to schedule a free case consultation. Don’t delay. Call us now.