After a car accident in Kansas, the first thing you want to do is file a personal injury claim. Additionally, the only thing more important than gathering evidence from the scene is seeking medical treatment. Evidence is essential, but some common car accident injuries require immediate attention from medical providers. Some of these injuries will not be evident due to the adrenaline pumping during an emergency event. However, it is critical to seek immediate medical care. Seeking medical care is vital for many reasons, including understanding the extent of the injuries. Further, a jury will reduce the number of damages awarded if they find evidence that an injured party failed to follow medical instructions. Thus, immediate medical treatment may be more important than anything in a car accident case.
There must be medical damages and clear liability. Each of those factors is looked at very carefully in each case we accept.
It is also critical to note that the most evidence is available right after the accident. Typically, every person involved at an accident scene has a phone in their pocket. For the most part, we all can video-record immediately. This technology is one of the most beneficial changes for plaintiff attorneys. Phone cameras allow the collection of evidence immediately at the accident scene. Plus, contact information from witnesses that observed the accident can be conveniently logged. This evidence is highly beneficial if an opposing party denies your claims.
It’s important to know that collecting as much basic information as possible is imperative to your case. Eventually, there will be a loss of memory and, therefore, a slow deterioration of evidence. So, it’s best to write down all the details, take a picture of the area, track down all the witnesses, get a written account from witnesses, and seek treatment right away. Doing so will get a personal injury case off the ground before even contacting our firm.
If I Was Partially At Fault For The Car Accident That Caused My Injuries In Kansas, How Is That Going To Impact My Personal Injury Claim?
If you’re at fault by more than 50% in Kansas, you’re not going to collect anything. Therefore, it’s imperative to determine the amount of responsibility and thoroughly examine the fault.
How And When Is That Determined?
Liability is determined through the cycle of the case. As evidence trickles in throughout discovery, we will begin to understand who is at fault and why.
How Long After A Car Accident Do I Have To File A Personal Injury Claim In Kansas?
You have two years to file a personal injury claim in Kansas.
According to statute 50-513 in the Kansas statutes, a negligence claim has two years. Therefore if you don’t file a negligence claim, it’s lost forever. People often call my law office saying, “Hey Rob, I had my shoulder ripped off a couple of years ago, and I’d like to sue the person who did this.” When we look into it, the statute of limitations had often expired before they brought us the case. Contacting an experienced attorney right away will help you file within the statutes of limitations.
For more information on Personal Injury Law In Kansas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (913) 543-4500 today.
Rob Titus is a relentless Kansas lawyer with over a decade of experience in personal injury claim litigation. Rob Titus writes with a clear and informative style, aiming to make sure that no one is left injured without the tools to claim full and fair compensation and so that every Kansas resident can become aware of their rights after an accident.
Connect with the Titus Law Firm to ahead of changes in Kansas personal injury law so that, should even misfortune strike, you know what to do and who to call when going up against reluctant insurance companies.
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