Category Archives: Personal Injury Guide

Bodily Injury Threshold in Kansas

injury lawyer

In Kansas, the bodily injury threshold is a legal concept that refers to the minimum level of injury that must be sustained in a car accident before the injured person can pursue a personal injury claim against the at-fault driver. Understanding the bodily injury threshold is important for anyone who has been involved in a car accident in Kansas and is considering filing a personal injury claim.

Under Kansas law, the bodily injury threshold is met when the injured person has sustained one of the following:

  • Permanent disfigurement
  • Fracture of weight-bearing bones
  • Permanent injury
  • Death


If the injured person has sustained any of these types of injuries as a result of the car accident, they can pursue a personal injury claim against the at-fault driver. If, however, the injuries sustained do not meet the bodily injury threshold, the injured person is not eligible to file a personal injury claim.

It is important to note that the bodily injury threshold applies only to personal injury claims arising from car accidents in Kansas. It does not apply to other types of personal injury claims, such as slip and fall accidents, medical malpractice, or product liability claims.

If the injured person’s injuries do meet the bodily injury threshold, they may be entitled to compensation for a variety of damages, including medical expenses, lost wages, pain and suffering, and more. In order to pursue a personal injury claim, the injured person must file a lawsuit against the at-fault driver within two years of the date of the accident. This time period is known as the statute of limitations, and if the injured person fails to file a lawsuit within this time frame, they may lose their right to pursue a personal injury claim.

In addition to meeting the bodily injury threshold, the injured person must also prove that the other driver was at fault for the accident. This is done by showing that the other driver was negligent or careless in some way, such as by speeding, running a red light, or failing to yield the right of way. In some cases, the injured person may also be found to be partially at fault for the accident. In these cases, the damages awarded will be reduced in proportion to the injured person’s degree of fault.

If you have been involved in a car accident in Kansas and are considering filing a personal injury claim, it is important to speak with an experienced personal injury attorney who can help you understand your rights and options. An attorney can review the facts of your case, help you determine if your injuries meet the bodily injury threshold, and help you pursue the compensation you deserve.

How Long After an Accident Can You Sue in Kansas?

accident kansas lawyer

If you have been involved in an accident in Kansas and are considering filing a lawsuit, it is important to understand the statute of limitations for personal injury cases. The statute of limitations is a deadline by which you must file a lawsuit or lose your right to do so. In Kansas, the statute of limitations for personal injury cases is two years from the date of the accident. Again, it is important to take action in this specified amount of time if you wish to sue for your injuries.

This means that you have two years from the date of the accident to file a lawsuit against the at-fault party. If you fail to file a lawsuit within this time frame, the court will likely dismiss your case. It is important to note that the statute of limitations applies to all types of personal injury cases, including car accidents, slip and fall accidents, and medical malpractice.

There are a few exceptions to the two-year statute of limitations in Kansas. For example, if the injured person is a minor at the time of the accident, the two-year clock does not start ticking until the minor turns 18 years old. This means that a minor who was injured in an accident has until their 20th birthday to file a lawsuit.

Another exception to the statute of limitations is when the injured person is deemed mentally incompetent. In this case, the two-year clock does not begin until the person regains their mental capacity. However, it is important to note that these exceptions are rare and require specific circumstances.

It is important to understand that even though you have two years to file a lawsuit, it is generally better to file your claim as soon as possible. This is because evidence can become harder to gather and witnesses may become harder to find as time passes. Additionally, the longer you wait to file a claim, the harder it may be to prove causation between the accident and your injuries.

If you are considering filing a lawsuit for a personal injury case in Kansas, it is important to consult with an experienced personal injury lawyer as soon as possible. A lawyer can help you navigate the legal system, determine the strength of your case, and ensure that you meet all necessary deadlines.

In summary, the statute of limitations for personal injury cases in Kansas is two years from the date of the accident. Exceptions to this deadline include cases involving minors and mentally incompetent individuals. However, it is generally best to file your claim as soon as possible to ensure that evidence is preserved and witnesses are available. If you are considering filing a lawsuit for a personal injury case, it is important to consult with an experienced personal injury lawyer as soon as possible.

Should I Sue in Kansas Over an Injury?

If you have been injured in Kansas due to someone else’s negligence, you may be wondering if you should sue. Whether or not you should sue depends on several factors, including the severity of your injuries, the circumstances surrounding the accident, and the potential compensation you may be entitled to.

lawyer in kansas

Here are some things to consider when deciding whether to sue for an injury in Kansas:

The severity of your injuries: If you have suffered severe injuries that require extensive medical treatment and time off work, you may be entitled to significant compensation. This compensation can help cover your medical expenses, lost wages, and pain and suffering. However, if your injuries are minor and do not require significant medical treatment, it may not be worth pursuing legal action.

The circumstances surrounding the accident: If someone else’s negligence caused your accident, such as a car accident caused by a drunk driver or a slip and fall caused by a property owner’s negligence, you may be entitled to compensation. However, if the accident was caused by an act of nature or something outside of anyone’s control, it may be difficult to hold someone else responsible.

The potential compensation you may be entitled to: If you are considering legal action, it is important to consider the potential compensation you may be entitled to. This can include compensation for medical expenses, lost wages, pain and suffering, and other damages. An experienced personal injury lawyer can help you determine what you may be entitled to and whether it is worth pursuing legal action.

The statute of limitations: In Kansas, there is a statute of limitations for filing a personal injury lawsuit. This means that you only have a certain amount of time to file a lawsuit after an injury, typically two years from the date of the injury. If you wait too long to file a lawsuit, you may lose your right to seek compensation. It is important to speak with a lawyer as soon as possible after an injury to ensure that you do not miss any deadlines.

Your ability to prove negligence: To win a personal injury lawsuit in Kansas, you must be able to prove that someone else’s negligence caused your injuries. This can be difficult to do without the help of an experienced personal injury lawyer. A lawyer can help gather evidence, interview witnesses, and build a strong case on your behalf.

In summary, whether or not you should sue for an injury in Kansas depends on several factors, including the severity of your injuries, the circumstances surrounding the accident, the potential compensation you may be entitled to, the statute of limitations, and your ability to prove negligence. If you are considering legal action, it is important to speak with an experienced personal injury lawyer who can help you determine whether it is worth pursuing legal action and help you build a strong case.

Is It Better To Use A Lawyer For Personal Injury Or Settle in Kansas?

If you’ve been injured in an accident in Kansas, you may be wondering whether it’s better to use a lawyer to pursue a personal injury claim or to settle your case on your own. While there’s no definitive answer to this question, there are a few things to consider when making your decision.

Complexity of the Case: One of the main factors to consider when deciding whether to use a lawyer for your personal injury case is the complexity of the case. If your case is relatively straightforward, with clear liability and damages, you may be able to handle the case on your own. However, if your case involves complex legal issues, multiple parties, or significant damages, it may be in your best interest to hire a lawyer.

Negotiating with Insurance Companies: Another factor to consider is your ability to negotiate with insurance companies. Insurance companies are often more willing to offer low settlements to individuals who are not represented by a lawyer, as they know that these individuals may not have the knowledge or experience to negotiate effectively. A lawyer who is experienced in negotiating with insurance companies can help you to secure a fair settlement and ensure that your rights are protected.

Time and Resources: Pursuing a personal injury case can be time-consuming and expensive. If you have the time and resources to handle the case on your own, you may be able to save money by not hiring a lawyer. However, if you are unable to devote the necessary time and resources to the case, or if you are concerned about the financial burden of pursuing a case on your own, it may be in your best interest to hire a lawyer.

Knowledge of the Law: Personal injury law can be complex, and there are many rules and regulations that must be followed in order to successfully pursue a claim. A lawyer who is knowledgeable in personal injury law can help you to navigate these rules and regulations and ensure that your case is handled correctly.

Statute of Limitations: Finally, it’s important to keep in mind that there is a statute of limitations for personal injury cases in Kansas. This means that you must file your claim within a certain period of time after the accident or injury. If you wait too long to file your claim, you may lose your right to pursue compensation. A lawyer can help you to understand the statute of limitations and ensure that your claim is filed within the necessary timeframe.

In general, it’s always a good idea to at least consult with a lawyer before deciding whether to pursue a personal injury claim on your own. A lawyer can help you to understand your rights and options, and can provide you with valuable advice and guidance throughout the process. While it may be tempting to try to handle your case on your own to save money, hiring a lawyer can ultimately help you to secure a fair settlement and get the compensation you deserve for your injuries.

What If You Can’t Afford A Lawyer For A Personal Injury Case?

If you’ve been injured in an accident and are considering pursuing a personal injury case, you may be wondering what options are available to you if you can’t afford a lawyer. Fortunately, there are several options available for individuals who need legal representation but can’t afford to pay for a lawyer upfront.

Contingency Fee Arrangements: One option for individuals who can’t afford a lawyer upfront is to work with a lawyer who offers a contingency fee arrangement. This means that the lawyer will only be paid if you win your case, and their fee will be a percentage of the amount you are awarded in a settlement or judgment. This can be a good option for individuals who are hesitant to take on the financial risk of pursuing a case on their own.

Pro Bono Services: Many lawyers and law firms offer pro bono services to individuals who are unable to pay for legal representation. Pro bono services are provided free of charge or at a reduced rate, and are typically reserved for individuals who meet certain income or asset criteria. To find a lawyer who offers pro bono services, you can check with local legal aid organizations, bar associations, or other legal resources in your area.

Legal Aid Organizations: Legal aid organizations provide free or low-cost legal services to individuals who meet certain income or asset criteria. These organizations typically provide assistance with a wide range of legal matters, including personal injury cases. To find a legal aid organization in your area, you can check with local bar associations or search online for legal aid resources in your state.

Self-Representation: While it’s not always recommended, some individuals choose to represent themselves in personal injury cases. This can be a risky option, as personal injury cases can be complex and require a significant amount of legal knowledge and expertise. However, if you are unable to afford a lawyer and can’t find other resources to help you with your case, self-representation may be your only option.

Crowdfunding: Finally, some individuals turn to crowdfunding platforms to raise money to pay for legal fees. Crowdfunding platforms like GoFundMe or Kickstarter allow individuals to create a fundraising campaign and solicit donations from friends, family members, and even strangers. While this can be a useful option for some, it’s important to keep in mind that crowdfunding campaigns can be time-consuming to set up and manage, and may not always be successful.

If you can’t afford a lawyer for your personal injury case, it’s important to explore all of your options and consider the pros and cons of each. Working with a lawyer on a contingency fee basis or seeking pro bono services may be your best options, but it’s important to do your research and find a lawyer who is experienced and knowledgeable in personal injury law. By taking the time to explore your options and find the right legal representation, you can increase your chances of securing a fair settlement or judgment and getting the compensation you deserve for your injuries.

How Pain and Suffering Calculated in Kansas

In Kansas, if you are injured in a personal injury accident, you may be entitled to compensation for your pain and suffering, as well as other damages. Pain and suffering refer to the physical and emotional distress you experience as a result of your injury, such as the pain, discomfort, and emotional stress you endure during recovery.

Unlike economic damages, which have a specific monetary value (such as medical bills or lost wages), pain and suffering damages are more difficult to quantify. There are several methods used to calculate pain and suffering in Kansas, including the multiplier method, the per diem method, and the hybrid method.

The multiplier method is the most commonly used method for calculating pain and suffering in Kansas. This method involves multiplying the total economic damages (such as medical expenses and lost wages) by a factor between 1.5 and 5, depending on the severity of the injury and other factors. For example, if your economic damages total $50,000 and the multiplier is 3, your pain and suffering damages would be $150,000.

The per diem method is another method used to calculate pain and suffering in Kansas. This method involves assigning a specific dollar value to each day you experience pain and suffering as a result of your injury. For example, if you are in pain and discomfort for 100 days after your injury and the daily value is $200, your pain and suffering damages would be $20,000.

The hybrid method is a combination of the multiplier and per diem methods. This method involves multiplying the number of days you experience pain and suffering by a specific dollar value, and then multiplying that amount by the multiplier factor. For example, if you are in pain and discomfort for 100 days after your injury, the daily value is $200, and the multiplier is 3, your pain and suffering damages would be $60,000.

In addition to these methods, the specific facts and circumstances of your case will also be taken into account when calculating pain and suffering damages in Kansas. Factors such as the nature and extent of your injuries, the impact of your injuries on your daily life and ability to work, and the emotional toll of the accident on you and your family will all be considered.

It’s important to note that there is no set formula for calculating pain and suffering damages in Kansas. Each case is unique, and the damages awarded will depend on a variety of factors. An experienced personal injury attorney can help you understand your rights and guide you through the process of seeking compensation for your pain and suffering and other damages.

In addition to pain and suffering damages, you may also be entitled to other damages such as medical expenses, lost wages, and property damage. To recover these damages, you must be able to demonstrate that the other party was negligent and that their negligence was the cause of your injuries.

If you have been injured in a personal injury accident in Kansas, it’s important to seek the guidance of an experienced personal injury attorney. An attorney can help you understand your rights and options for seeking compensation and can advocate on your behalf to help you obtain the compensation you deserve.