Time is of the essence especially when it comes to filing a claim as a result of a car wreck injury. While there is never a limit on how long emotional, mental, or physical recovery can take, it’s important to be aware of any legal time constraints when it comes to receiving compensation for your losses.
A key concept to understand here in relation to all of this is the “statute of limitations” and what that means for you and your timeline. We’ll explore this topic in-depth so you’re fully aware of your next steps after a car accident injury in Kansas.
Statute of Limitations in Kansas
The statute of limitations is a legal time limit for a person to take legal action. This time limit applies to car accidents which means there is a specific window of time you are able to file a lawsuit and receive compensation for injuries or damages resulting from the accident.
Timeframe for Car Accident Claims
The statute of limitations for the state of Kansas is typically two years from the date of the accident. There are a few exceptions to this rule, for example, your timeline may be different if:
- The injury resulting from the accident is not immediately apparent. If the injury is discovered after the two-year period has passed, the statute of limitations could be extended from the date of discovery rather than the accident.
- The injured part is a minor or incapacitated. In this case, the statute of limitations may be put on pause until the minor reaches the legal age of 18 or until legal capacity is met.
- The party at-fault does not reside in the state of Kansas. The statute of limitations may be extended to account for the additional time and resources needed to pursue a claim.
- If fraud or concealment is committed by the at-fault party. The statute of limitations may be extended so that the victim has a fair opportunity to file a claim.
There are a variety of situations where you may be allotted more time to pursue a claim but it is crucial to consult with a legal professional as soon as you’re able so they can assess if any exceptions would apply to your situation.
Types of Damages Covered
Claims in Kansas can help cover a variety of losses and damages related to your car accident. These include:
- Medical expenses: The cost of recovery can be steep after a car accident. Your claim may help cover the cost of medical expenses like treatment, rehabilitation, prescription drugs, and future expenses resulting from the accident.
- Property damage: You may be able to receive compensation for damage to your vehicle and any other property damaged as a result of the accident.
- Lost wages: If you were unable to work as a result of the accident, you are entitled to any compensation related to lost wages or reduced earning capacity.
- Pain and suffering: If you were injured, you may be able to recover for non-economic damage such as past and future pain and suffering.
Maximum Accident Injury Compensation
There are no limits to compensation for damages in a vehicle accident other than for non-economic damages. The state of Kansas caps non-economic damages and has modified it every so often.
Currently, $350,000 in compensation is the cap for non-economic damages for causes of action accruing on or after July 1, 2022.
Is Kansas A No Fault State?
Yes, Kansas is one of 12 States that use a “no fault” car insurance system. What does this mean for your claim? “No fault” means that your own car insurance is primarily responsible for paying for your damages after a car accident. Kansas law requires that every car insurance policy sold in the State of Kansas include no-fault benefits, which are known as Personal Injury Protection (PIP). The minimum PIP insurance in Kansas includes:
- $4500 for medical expenses per person, per accident
- $900 per month for one year of lost income due to injuries/disability due to an accident
- $25 per day for in-home services, such as cleaning and childcare
- $2,000 for funeral and burial expenses
- $4500 for rehabilitation expenses
If you are injured in a car accident while driving your own car, your PIP insurance will pay your damages up to the policy limit. You can still sue the at-fault party (other driver), but you will have to reimburse your PIP insurance. This can be complicated but the attorneys at DiPasquale Moore are experts in handling all aspects of recovery for car accidents.
Contributory Negligence Rules
Along with Kansas being a “no-fault” state, it also follows a comparative negligence rule. This means that your overall compensation may be reduced if you are partially at fault for the accident. However, your negligence must be less than the other party. In other words, if your negligence is found to be the same or more than the at-fault party’s negligence, you cannot recover any damages.
For example, if an accident is determined to have caused $10,000 in damages to the victim but the victim is found to be 20 percent at fault, they would allow receive 80 percent of the total damages. They would not be able to be more than 49 percent at fault to receive any compensation.
DiPasquale Moore Is Here to Represent Your Car Accident Personal Injury Case
As you can tell, there are many complexities to navigating the legal process after a car accident injury. While it may feel like you have plenty of time, there’s actually a lot that needs to be done. It’s recommended to get in touch for guidance sooner rather than later so that your personal injury lawyer can build a strong case and collect evidence early on.
DiPasquale Moore specializes in personal injury cases and has a track record of helping car accident victims receive the maximum compensation their case deserves. Our team of expert lawyers is here to guide you through the legal process, negotiate with insurance companies, and ensure that your rights are protected while you focus on your recovery. Request a free consultation with our injury attorneys today to get started.