Average Car Accident Settlement Amount in Kansas/How Car Accident Compensation Works in Kansas

Compensation questions are among the most commonly asked questions by accident injury victims, specifically: “What are average car accident settlement amounts in Kansas?” Many know that they deserve compensation but are unsure of how much they should get or how the process works. Although complexities are often involved, most car accident compensation cases follow a similar path.

Need answers and representation? Look no further than Palmer Law Group. Our team is ready to meet and discuss the specifics of your case and your options. Call (785) 233-1836 for a free consultation today.

Average Car Accident Settlement Amounts in Kansas

Car accidents are a normal, repeating part of life in Kansas and everywhere there are motor vehicles. Because so many auto accidents occur each year, and because they vary significantly from one case to another, it is virtually impossible to give an average car accident settlement amount that is useful to one specific case.

Consider a car accident case with $100,000 in damages. The victim likely has moderate to severe injuries and/or significant lost wages, much more than a car accident victim with $20,000 in damages. Averaging those two totals together, you get $60,000 as an average damages payout, a figure that reflects neither of the two actual damages amounts.

How Car Accident Compensation Works in Kansas

To understand how much a car accident victim might get in a settlement, you must first determine how much you have suffered in compensable losses. Having an attorney at this juncture will protect the compensation you deserve. In Kansas, car accident compensation is handled by no-fault insurance coverage.

Personal Injury Protection Insurance (PIP)

PIP, a form of no-fault insurance, pays limited economic benefits and no non-economic benefits but requires no proof of fault, which leads to faster payouts.

After an accident, you can expect to receive limited compensation based on the following amounts:

• $4,500 in medical care costs
• 85% of lost wages up to a limit of $900 per month
• $25 per day in associated expenses
• $2,000 for funeral and burial costs and expenses.

These amounts are the minimum coverage amounts required by the state. Policyholders may increase the duration of their lost wages payments or increase their medical costs coverage.

MedPay

Additionally, Kansas drivers may purchase MedPay, which also provides medical payment coverage without regard to fault after an accident. MedPay does not provide compensation for anything but medical payments.

For low costs, drivers are able to supplement their PIP medical coverage with MedPay coverage. MedPay also provides coverage for some of the expenses related to death, such as funeral and burial expenses.

Liability Insurance Compensation

Liability insurance pays compensation in cases where fault is relevant. Victims of auto accidents must prove that another party is at fault in order to collect from that party’s liability insurance coverage. When is fault relevant in car accident cases? When PIP and MedPay simply do not cover the damages suffered.

Generally speaking, an accident victim may seek full damages, including economic and non-economic damages, from another driver when either or both of the following are true:

• The victim has experienced at least $2,000 in medical treatment expenses.
• The victim has suffered a serious injury.

A serious injury may include any of the following harms:

• Fracture of a weight-bearing bone
• Significant disfigurement or scarring
• Loss of a body member
• Permanent loss of a bodily function
• Wrongful death.

Remember that when a victim is entitled to make an insurance claim against another driver’s liability policy, they have the right to pursue non-economic damages. Non-economic damages include losses of an intangible nature that typically affect the mind and emotions of victims. They include:

• Pain and suffering
• Disability
• Disfigurement and scarring
• Mental anguish.

Keep in mind that there is a cap on the non-economic damages a victim can receive for personal injury losses. For those personal injury cases brought on or after July 1, 2022, the cap for non-economic damages is $350,000. There is, however, no cap for economic damages.

Uninsured and Underinsured Motorists and Compensation in Kansas

What happens when a car accident victim’s damages exceed PIP and liability insurance totals? In cases such as these, the victim’s uninsured/underinsured motorist policy may kick in to cover the leftover damages. While uninsured/underinsured motorist coverage is not mandatory in many states, it is in Kansas.

Consider an accident victim who incurs $100,000 in damages but only receives a total of, let’s say, $70,000 from PIP and the defendant’s liability coverage. This would leave $30,000 in unpaid damages. With uninsured policies being a minimum of $25,000 per incident, the victim in this example would only have a lack of $5,000 after tapping all forms of insurance.

In cases where an at-fault driver has no insurance, the victim’s uninsured portion of their coverage would provide up to its limit, which is $25,000.

Suing for Compensation

The vast majority of car accident cases are settled by way of insurance negotiations. However, what happens when significant damages are remaining after exhausting all types of insurance coverage? The answer to that question depends on the circumstances.

In theory, it is always possible to sue a driver for remaining compensatory damages. However, suing someone who does not have resources will be an exercise in futility. In other cases, suing may yield some results.

In the best of cases, the defendant cuts a check for the remaining damages. In other cases, the plaintiff’s attorney may be forced to compel payment, which may or may not be effective based on the defendant’s resources.

Why Having an Attorney Is Important in Car Accident Compensation Cases

Regardless of the circumstances in which car accident victims find themselves, it is more likely than not that they would benefit from the services of an experienced car accident attorney. The compensation process is unforgiving and not easy to navigate for victims.

Insurance companies do not want to pay any more than they have to. They will pay less than they should if an unwary plaintiff accepts a low settlement offer.

Plaintiffs with experienced representation, however, need not worry about accepting unjust offers. Their attorneys will fiercely safeguard their compensation interests throughout the process and hold insurance companies accountable to the penny.

Attorneys also handle all of the sometimes complex legal procedures and details present in all compensation cases, keeping their clients’ claims viable and in compliance with relevant laws and rules.

Common Injuries and Medical Expenses Associated With Car Accidents

The costs of medical care after a car accident can be astronomical, depending on the circumstances of the accident. Victims who suffer severe injuries may find themselves facing mountains of medical bills stemming from all manner of treatments, tests, and procedures, including:

• Emergency room care
• Imaging, X-rays, and other diagnostic testing
• Surgeries
• Hospital lodging and care
• Rehabilitation and therapy
• Prescription medication.

For many car accident victims, these expenses remain for the long term due to the extensive nature of the injuries suffered.

The violent nature of car crashes creates some of the most devastating injuries people deal with, such as:

• Traumatic brain injuries and skull damage
• Damage to the face, eyes, and mouth
• Spinal cord, neck, and back injuries
• Broken and fractured bones
• Lacerations and abrasions
• Burns
• Dismemberment and amputation.

Sadly, many emotional and mental conditions also accompany these physical injuries, including:

• Post-traumatic stress disorder (PTSD)
• Anxiety
• Depression
• Newly developed phobias
• Sleep problems
• Personality changes.

Remember, these intangible harms are not compensable under no-fault insurance. In order to recover damages for their effects on your life, you must be able to file a claim against the at-fault party’s liability insurance policy or sue them directly.

Statute of Limitations for Car Accident Cases in Kansas

As a car accident victim, your right to pursue compensation for your losses is not eternal. Time limits are in place and must be met in order to receive compensation. For all personal injury cases in Kansas, there is a general two-year statute of limitations for lawsuits stemming from car accidents.

In cases where the victim is a minor, the statute of limitations rules vary slightly. When a minor is harmed, they have up to one year after their 18th birthday to file a lawsuit. For example, a car accident victim who is 16 years old at the time of their accident will have until they turn 19 to seek compensation.

Speak to a Car Accident Attorney Today

Car accidents are commonplace. Yet, victims do not understand just how much compensation they deserve after an auto accident. The auto accident attorneys at Palmer Law Group will fight to ensure that you receive every category of compensation you deserve. Our team leaves no compensation behind.

Get the help you need by contacting Palmer Law Group. We offer free consultations and hope for the future. Call (785) 233-1836 to speak with an experienced car accident lawyer who cares.