Personal Injury Attorneys Serving Manhattan, Kansas
A distracted person makes one mistake that causes an accident, and now you’re facing injuries that could change your life. Distractions are all around us, and accidents happen more often than they should these days. It is crucial to understand your legal options if you have been in an accident.
Our team at Oleen Law Firm can help you during challenging times. We have over 50 years of combined experience practicing Kansas law. We serve the Flint Hills community in a range of legal areas, including personal injury law. Oleen Law Firm proudly serves clients in Manhattan, Kansas, Junction City, and throughout northeast Kansas.
Personal Injury Claims in Kansas
As you recover from your injury and you look to the future, you may want to consider filing a personal injury claim. If the other party acted with negligence in an accident, you could be able to hold them accountable.
Find out the answers to your questions, such as “Who pays for damages after an accident?” and “Is Kansas a fault state?” as you consider your legal options.
Kansas is a no-fault state, which means that you do not pursue compensation from the party who was at fault for the accident. After an accident, you must seek compensation for your costs from your own insurance company first.
However, there are some situations where you may be able to file a case against the at-fault party. If you suffered a serious injury, then you may be able to pursue compensation from the person who was at fault. Speak with an experienced personal injury attorney to learn more about what will qualify as a serious injury.
Comparative Fault Rule
You also may be wondering “Who is liable for the accident?” and the answer depends on the comparative fault rule. According to this rule, if the accident that led to your injury was 50% or more your fault, then you will not be able to recover financial compensation for it.
However, if the accident was less than 50% your fault, then you still will have the opportunity to seek financial compensation.
For example, if the court determines that the accident was 25% your fault, then the financial compensation you were going to receive will be reduced by 25%. Therefore, if you were originally going to receive $10,000, you would only receive $7,500.
Statute of Limitations
Every type of case has a deadline after which you can no longer seek compensation through the legal system. That deadline is known as the statute of limitations.
In Kansas, the statute of limitations for personal injury cases is two years after the date of the accident. Once two years have passed, the court will most likely refuse to hear your case.
Filing a Personal Injury Claim
You may want to consider filing a personal injury claim. It is helpful to know what to expect as you think about beginning the process.
Against Your Own Insurance
Because Kansas is a no-fault state, you should turn to your own insurance company first when you are seeking compensation for your injuries.
Against the At-Fault Person or Party
A serious injury could leave you with expensive medical bills. When your injury forces you to miss time at work, you may suffer even more financially.
Under Kansas law, a serious injury may allow you to file a liability claim against the at-fault person or party. A serious injury could be a leg fracture, a permanent injury, or other types of injuries that change the quality of your life. Speak with a knowledgeable personal injury attorney to learn more about what qualifies as a serious injury.
Litigation involves the court settling your dispute. It may be necessary if you are not able to negotiate a fair settlement with your insurance company or with the at-fault party’s insurance company outside of court.
Damages Available for Your Case
The accident damaged your health and possibly your property. The term for the financial compensation you may be able to receive for your case is known as damages.
In Kansas, you can seek damages for economic damages and noneconomic damages. Economic damages are the losses you suffered that can be quantified. They include medical bills, lost income due to missing time at work, and bills for repairing your property.
Noneconomic damages include pain and suffering and are more difficult to measure. In Kansas, there is a cap of $325,000 for noneconomic damages for injuries that occurred on or after July 1, 2018, and before July 1, 2022. The cap is $350,000 for noneconomic damages for injuries that happened on or after July 1st, 2022.
The total amount of damages you could receive for your case, for both economic and noneconomic losses, depends on your case.
Personal Injury Attorneys Serving Manhattan, Kansas
As you recover after the accident, take steps to protect your rights. Our team at Oleen Law Firm can help you through each step of the personal injury process. With over 50 years of combined experience and deep roots in our Flint Hills community, we will work hard on your case. We proudly represent clients in Manhattan, Kansas, Junction City, and throughout northeast Kansas. Contact our firm today to schedule a consultation.