- November 25, 2024
- Truck Accidents
Many Kansas drivers experience a car accident at some point in their lives. Thankfully, not all car accidents are serious because modern cars are built to protect the people inside them from injuries. However, truck accidents can be a different story. Due to the significant disparity in size between trucks and cars, truck accidents often result in severe injuries to car drivers.
If you were seriously injured in a truck accident in Kansas, you could be facing months or even years of medical bills, lost work time, and other expenses. The good news is that the skilled team at Palmer Law Group can help you recover compensation for your losses. Are you wondering, “How much is my Kansas truck accident case worth?” Here’s what you need to know.
Our legal team can determine how much your Kansas truck accident is worth during your free consultation. Contact Palmer Law Group at (785) 233-1836 today to schedule an appointment with an experienced attorney.
No-Fault Insurance Regulations
To determine how much your Kansas truck accident case is worth, a lawyer will first need to find out whether you have a valid claim under state law. Kansas is a no-fault insurance state. This means that when anyone is injured in a car or truck accident, their insurance company covers their economic losses.
Every Kansas driver is required to purchase personal injury protection (PIP). This covers expenses like:
- Medical bills
- Lost wages or salary
- Other expenses related to your injury
- Ongoing therapy.
However, you can only get compensation up to the limit of your PIP coverage. Once you hit that limit, the insurance company is no longer responsible for providing you with compensation.
Fortunately, in some circumstances, Kansas law allows you to file a lawsuit against the truck driver. To qualify to file a lawsuit, the truck driver must be responsible for the accident and you must meet the tort threshold set by state law. This threshold can be surprisingly low, compared to that of other no-fault insurance states. It sets the minimum cost of medical expenses at $2,000 and requires that you suffer a serious fracture or a permanent injury to qualify. Most people who are injured in a truck accident are likely to meet this threshold.
In non-serious accidents, you can get compensation only from your insurance company. However, if you are seriously injured, you can file a lawsuit to get additional compensation.
Non-Economic Damages From a Lawsuit
When you file an insurance claim, you will generally receive compensation only for economic losses. Insurance companies are responsible for compensating you for your expenses, but they do not give you compensation for the pain and suffering you endured during and after the accident.
The only way you can obtain compensation for pain and suffering is by suing the truck driver. Keep in mind that Kansas law places a cap on the amount of non-economic damages you can receive from a lawsuit. That cap is currently set at $350,000. If a jury awards you more money than this for pain and suffering, the judge will decrease the award to meet the cap.
What to Expect From a Truck Accident Case in Kansas
When we are hired for a Kansas truck accident case, our personal injury lawyers act quickly. Not only do we understand that you need compensation as soon as possible, but we also know that the Kansas statute of limitations for such claims is quite short. You have only 18 months to file a lawsuit against the responsible party.
We can start investigating your accident immediately. Our goal is to gather as much evidence as we can to demonstrate that the other driver was responsible. Because you can file a lawsuit only if the other driver was at fault, we need strong evidence that proves the other driver should be held accountable for the accident. Additionally, we need to prove that you meet the tort threshold. Our attorneys can help you preserve your medical records and all bills associated with your injury. This can strengthen your case and help justify your lawsuit.
Even though you have the right to file a lawsuit, most cases don’t go to court. Once we collect enough evidence, we can present it to the insurance company for the other driver. When the evidence is strong enough, the insurance company will typically prefer to negotiate a settlement. We can fight to get you compensation for all of your outstanding economic losses and as much pain and suffering as the law allows. If your economic damages are at least $100,000, you may receive close to the cap for non-economic damages.
If I Am Responsible for the Accident, How Much Is My Kansas Truck Accident Case Worth?
In a no-fault insurance state, even if you are at fault for the accident, you are still typically covered for lost wages, medical bills, and the like. However, this doesn’t necessarily mean you want to approach your case without legal representation. Insurance companies make more money when they pay less compensation on claims. This means that the insurance company might deny portions of your claim or undervalue it.
Our legal team can help you with the insurance claim process. We have experience filing complex claims and know what type of information you need to provide your insurance company. It’s often the case that you can receive more money from your insurance claim if you are represented by an attorney than you will without one, even after legal fees are paid.
Contact Palmer Law Group After a Truck Accident in Kansas
Palmer Law Group has been helping injured people like you since it was founded in January 1980. We have over 40 years of experience in protecting the rights and futures of Kansas residents, and we know what it takes to secure the compensation you need to move forward. If you or a loved one was seriously injured in a truck accident in Kansas, you can trust our seasoned attorneys to provide skilled and compassionate advocacy.
Don’t wait to seek the compensation you deserve after getting injured in a truck accident. Contact Palmer Law Group at (785) 233-1836 to discuss your legal options during a free consultation today.