Kansas Automobile Law, Can I bring a claim? Basic version.
Kansas is a no-fault auto insurance state, so car accident victims can be prohibited from bringing a personal injury claim against the responsible party in court and may be required to file an insurance claim under their own policies in order to collect compensation. However, in certain cases, where a victim has met the tort threshold then he or she may seek compensation directly from the individual in court or settlement proceedings. Determining whether an injury rises to the level of being serious can be difficult, so if you were recently injured in a car crash caused by another person's negligence and sustained an injury, it is critical to contact an experienced car accident attorney who can help explain your legal options.
State law defines a serious injury or threshold injury as: An injury that required medical treatment costing more than $2,000; Permanent disfigurement; A fractured weight bearing bone; The loss of a body part; A permanent injury; The permanent loss of a bodily function; Death. Many courts have grappled with the issue of when an injury satisfies the definition of permanent.
If injured parties can establish that they sustained one of these types of serious injuries, they can file a claim in court and may be able to collect non-economic damages for the pain and suffering, or loss of function they endured as a result of the injury. However, to have any chance of collecting compensation, the injured party may need to file a claim no later than two years from the date of the crash. Exceptions exist and delay can prevent recovery.
Patrik Neustrom, Attorney, Salina Ks.
Auto limitation periods
In Kansas, an auto case must usually be filed within two years. Exceptions exist for minors, the incapacitated and for other reasons, so a lawyer should be consulted. Any delay can result in the loss of evidence, witnesses or otherwise make bringing a claim in court more difficult.
Not every claim should be filed. Our firm does provide a 4 Step Case Analysis for no cost. Many lawyers offer free consultations.
Additional resources provided by the author
Chapter 60 and Chapter 40 of Kansas Statutes Annotated.
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