How Long Does It Take to Settle a Car Accident Case in Kansas?

For anyone recovering from a car crash in Kansas, the question of when their case might settle is a critical concern. The answer, however, is rarely simple. The timeline to settle a car accident case in Kansas can span from a few months to more than a year, a duration dictated by several specific, and often complex, factors.

Key Factors Influencing Your Kansas Car Accident Settlement Timeline

Several important variables can affect how quickly your case is resolved. An experienced attorney can help you understand how these factors apply to your specific situation.

The Severity of Your Injuries

The most important factor influencing your settlement timeline is your health. Before a claim can be properly valued, you need to reach what is known as Maximum Medical Improvement (MMI). MMI is the point where your doctors determine you have recovered as much as you are expected to from your injuries. Reaching MMI is critical because only then will you and your legal team have a full picture of your medical costs.

These costs include not just the bills you’ve already paid, but also any future medical needs, such as:

• Ongoing physical therapy or rehabilitation
• Future surgeries or medical procedures
• The cost of long-term prescription medications

Rushing to settle before you know the full extent of your injuries could leave you paying for future treatments out of your own pocket. Patience during this phase is key to pursuing the full compensation you deserve.

Determining Who Is at Fault

Kansas follows a modified comparative fault rule. This legal concept, outlined in Kansas Statutes Annotated 60-258a, means that you can still recover damages even if you were partially at fault for the accident, as long as your share of the blame is less than 50%. However, determining this percentage of fault can take time. It often involves a detailed investigation into the crash, including reviewing police reports, interviewing witnesses, and sometimes hiring accident reconstruction professionals.

The more disagreement there is over who caused the accident, the longer the car accident settlement timeline may be.

The Insurance Company’s Approach

Insurance companies are businesses, and their goal is often to resolve claims for the lowest amount possible. While some adjusters are reasonable and willing to negotiate fairly, others may use tactics that can prolong the process. They might make a quick, low offer, hoping you’ll accept it out of desperation, or they may dispute the severity of your injuries or the necessity of your medical treatment.

A skilled personal injury attorney is accustomed to these strategies and can handle the back-and-forth negotiations on your behalf, fighting for a settlement that truly reflects your losses.

A General Timeline for a Car Accident Case in Kansas

While every case is different, most claims follow a similar path. Understanding these stages can help demystify the process of settling a car accident case in Kansas.

1. Investigation and Medical Treatment: This initial phase can last for weeks or many months. During this time, you are focused on healing, and your legal team is busy gathering crucial evidence. This includes your medical records, police reports, photos of the accident scene, and witness statements.
2. Preparing and Sending a Demand Letter: Once you reach MMI, your attorney will compile all your damages—medical bills, lost wages, pain and suffering—into a comprehensive demand letter. This letter is sent to the at-fault party’s insurance company to officially begin settlement negotiations.
3. Negotiation: The insurance adjuster will review the demand letter and respond with a counteroffer, which is typically much lower than what was requested. This begins a period of negotiation that can last for several weeks or a few months as both sides work toward an agreeable number.
4. Filing a Lawsuit (If Necessary): If the insurance company refuses to offer a fair settlement, the next step may be to file a personal injury lawsuit. This does not mean your case will definitely go to trial. In fact, most cases still settle before reaching a courtroom, but filing a lawsuit often motivates the insurance company to negotiate more seriously. This step adds more time to the process, as it involves formal legal procedures.

These steps are a general guide, but they illustrate why resolving a personal injury claim takes careful and dedicated work.

Can You Speed Up the Settlement Process?

It’s natural to want to resolve your case and move forward with your life as quickly as possible. While you can’t control how the insurance company behaves, you can take steps to keep your case on track. Being organized is a great place to start.

Some things you can do to help include:

• Keeping all accident-related documents in one place, like medical bills, receipts for prescriptions, and letters from your employer about missed work.
• Following all of your doctor’s treatment recommendations and attending all scheduled appointments.
• Maintaining a simple journal to track your pain levels, physical limitations, and how your injuries are affecting your daily life.

These actions help build a strong foundation for your claim and give your attorney the information they need to advocate effectively for you.

Let Us Focus on Your Case So You Can Focus on Healing

We understand that you are going through a difficult and stressful time. Whether you’re recovering at home in Topeka or managing appointments near the K-State campus in Manhattan, your primary focus should be on your health. Dealing with insurance companies and legal paperwork is the last thing you need to worry about.

At The Palmer Law Group, we have been helping people in Topeka, Lawrence, Manhattan, and throughout Kansas since 1980. With over 60 years of combined legal experience and having recovered over $100 million for our clients, we have the knowledge and resources to handle your case from start to finish. We are aggressive advocates for our clients and will pursue the full compensation you deserve.

You don’t have to go through this alone. Contact our Topeka car accident lawyers at The Palmer Law Group today at (785) 363-9867 or through our online form for a free, no-obligation case review. Let us handle the legal matters so you can get your life back.