In Kansas, all drivers are required to have car insurance that includes Personal Injury Protection (PIP) benefits. However, these benefits are limited and may not cover all costs incurred to recover from a car accident, which often exceed PIP insurance limits. In addition, accident compensation laws in Kansas are different from those of other states. Here is a quick lowdown to familiarize you with auto accident laws in the state and how they affect legal claims for damages. Using free online companies can quickly help you get cheap car insurance quotes that have full coverage.
Types Of Accident Injuries Covered In Car Accident Claims
Road accidents can end in minor scratches or grievous life-threatening injuries. In general, the following types of injuries are commonly reported in vehicle collisions.
● Head and/or brain injuries. These are considered serious injuries and include concussions, skull fractures, brain trauma, internal bleeding, or wounds that need surgery.
● Neck and spinal injuries: These include whiplash, muscle sprains, damage to the spinal cord, slip disc, or any other type of injury sustained on the neck or back. A serious spinal cord injury may result in loss of movement leading to partial or complete paralysis.
● Soft tissue injuries: This includes torn ligaments and muscle sprains, which can affect mobility and take a long time to heal.
● Fractures: Bone-related injuries can result in broken bones that may require single or multiple surgeries.
● Burns: A road accident can result in minor or serious burns that may require reconstructive surgery.
Any type of internal or external injury sustained in an auto accident must be taken seriously and reported to your physician and insurance company. Treatment of such injuries should not be rushed as the problem can return later when your medical insurance will no longer cover rehab costs or the other party has already paid damages based on a premature claim at your end.
Types Of Damages Covered In Auto Accident Cases
Any damages caused in an auto accident are categorized as economic and non-economic damages. Economic damages are those that result in financial loss to the claimant, such as lost income due to injury, cost of repairing or replacing the car, medical costs and other out-of-pocket costs that are incurred as a result of the accident.
Non-economic losses include the emotional suffering endured by the victim as well as any physical disability or disfigurement. A seasoned car accident lawyer can help you determine what all should be included in your car accident claim so that your physical and emotional suffering are adequately compensated.
No-Fault Car Insurance Rules In Kansas
The state of Kansas follows no-fault vehicle insurance and compensation laws. This means that if you’re in a car accident in Kansas, your own insurance company is responsible to pay your medical and other expenses associated with the collision, regardless of who was at fault.
You may seek further compensation from the other driver only if your own coverage has exhausted and cannot meet the costs of rehab or recovery from a serious injury. Serious accidental injuries include permanent injury or disfigurement, certain types of fractures and irreversible loss of a body function.
Rules That Affect Damage Awards In Kansas
Aside from the no-fault rule, car accident compensation claims in Kansas are affected by the Statute of Limitations, which states that a legal case must be filed within two years of a personal injury, wrongful death or property damage. To ensure your legal rights are protected, it is essential that you file a case for compensation within the two-year limit. Consult an experienced personal injury attorney for guidance on timely filing of your compensation claim and how a delay may affect your case.
Another factor that may affect your accident-related compensation in Kansas is the “comparative fault” rule. If you sustained a serious injury in an auto accident, your total compensation is determined basis the rule of comparative fault. This means that the jury or judge will calculate the percentage of your fault in causing the accident and may accordingly reduce your reward by that percentage. For example, if you’ve made a claim for $100,000 and your fault is fixed at 20%, the other party is liable to pay you compensation for the remaining 80% (i.e. 80,000 in this case).
In addition to these rules, Kansas car accident compensation laws currently have a cap of $325,000 on non-economic damages (for cases dated July 1, 2018 and after).
All of these factors must be taken into account when filing a car accident lawsuit so that your case stands a strong chance in the court of law and you can receive the maximum possible reward.
