Did you sustain injuries after getting into a collision caused by another driver on the road? Their negligent or reckless behavior can put you in a position where you’re facing consequences due to someone else’s actions, but you’re not alone. Let an Olathe personal injury lawyer help you.
The aftermath of a car accident can be overwhelming in many ways, leaving you emotionally, physically, and financially drained. Fortunately, you can count on your attorney to guide you throughout the process of seeking justice.
At Foster Wallace Personal Injury Lawyers, our attorneys have recovered over $1 billion in compensation. Together, we have more than 45 years of combined experience. Our team is ready and willing to represent you as your car accident lawyers in Olathe.
Fault and Liability in Kansas Car Accidents
Kansas follows a modified comparative fault system with a 51% bar rule. Under this rule, a party who is determined to be more than 50% at fault for a crash is barred from recovering damages entirely.
However, if a driver is found 50% or less at fault for the collision, they can still recover compensation. That said, their percentage of fault will reduce how much they receive. The process of determining responsibility often involves the following forms of evidence:
- Police reports
- Eyewitness statements
- Traffic camera or dashcam footage
- Cell phone records in distracted driving cases
- Vehicle damage assessments
- Accident reconstruction analyses
In some cases, more than one party may be held liable. For instance, if a commercial truck driver causes a crash because the driver was experiencing too much fatigue to focus on the road, both the driver and their employer might share legal responsibility.
Common Injuries After a Car Accident
The physical and emotional impacts of a car accident depend on numerous factors, including:
- The speed of impact
- The point of the collision
- Whether or not seatbelts were in use
- How the airbags deployed
These are examples of injuries commonly sustained by victims of car accidents:
- Whiplash and neck strain
- Concussions and traumatic brain injuries (TBIs)
- Broken bones and fractures
- Spinal cord injuries
- Soft tissue injuries
- Burns or lacerations
- Chest injuries from the impact of seatbelts or airbags
- Emotional distress or PTSD
Some injuries are not immediately apparent. In fact, adrenaline often masks pain to the point where you might not even realize you’re hurt in the first place. That’s why we recommend seeking medical attention as soon as possible after a crash, no matter how you feel.
Contact our Kansas city personal injury lawyers now.
Statute of Limitations for Car Accident Lawsuits in Kansas
Under Kansas Statutes § 60-513, the general statute of limitations for a personal injury claim arising from a car accident is two years from the date of the crash. Likewise, property damage claims must also be filed within two years.
That said, certain exceptions may apply, like if the injured person is a minor or if the at-fault party leaves the state for a period of time after the incident. However, these exceptions are limited, so you shouldn’t rely on them without clear legal justification.
Missing the statute of limitations can result in a total loss of the right to pursue compensation. That’s why we encourage victims of collisions to reach out to an Olathe car accident attorney as soon as possible.
Damages Available After a Kansas Car Crash
In a Kansas car accident claim, several types of damages may be available, depending on the facts of the case:
- Economic damages: These include medical expenses, lost income, property damage, rehabilitation costs, and future care needs.
- Non-economic damages: Pain and suffering, emotional distress, disfigurement, or loss of enjoyment of life all fall under this umbrella.
- Punitive damages: These may be awarded in rare cases involving egregious misconduct, such as drunk driving or intentional harm.
There are limits—or caps—on certain damages in the state of Kansas. For instance, the non-economic damages you can pursue in personal injury claims are capped depending on when the injury occurred:
- $250,000 for injuries occurring before July 1, 2014
- $300,000 for injuries from July 1, 2014, through June 30, 2018
- $325,000 for injuries from July 1, 2018, through June 30, 2022
- $350,000 for injuries on or after July 1, 2022
These caps apply only to non-economic losses, not to economic ones. For greater clarity around the damages you can pursue and how to go about doing so, contact an Olathe car accident attorney as soon as possible.
Reach Out to Our Car Accident Lawyers in Olathe for Legal Advice and Representation for Your Case
Trying to figure out the justice system can be confusing enough on its own. Doing so while recovering from such a traumatic experience can make it feel impossible.
That’s what Foster Wallace is here for, and our Olathe car accident attorneys are ready to help. We have the experience and determination it takes to stand up for your legal rights and pursue the compensation that you need to move forward.
You can count on us to work toward a favorable outcome in your case, so don’t wait to reach out for help. It’s your injury, but it’s our fight.
