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Personal Injury Attorneys in Hutchinson KS
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Personal Injury Attorneys in Hutchinson KS
Have you been seriously injured in an accident that you did not cause? Our personal injury attorneys in Hutchinson KS are here to help you determine whether or not you are entitled to receive justice. When you’ve been hurt because someone else was acting carelessly or negligently, we want to be there for you and provide you with the support and legal guidance you need. You may be entitled to financial compensation from the liable party. To learn more, please call our office as soon as you can. Set up your free, first consultation with us today.
What is a Personal Injury Case?
You might wonder after you’ve been injured what to do next. You may have heard of personal injury cases before but don’t really know what happens when you file one. The first indicator that you need to file a case is if you are hurt right now and it’s not your fault.
Examples of why people have filed a claim before include getting into a car accident or pedestrian accident, etc. in these types of cases, there is typically a clear liable party. A liable party is the person who caused the accident. If it was a crash, then it would be the other driver who caused it. If it was a construction accident, for example, the liable party might be a third-party on the scene who didn’t keep everybody safe by following the proper regulations.
Your personal injury case starts when you reach out to our personal injury attorneys in Hutchinson KS to set up a free, first consultation, which you can do with us right away.
If you hire us, we will go over your case thoroughly and do a complete investigation regarding what happened and who was to blame. Once we determine who the liable party is, we pursue compensation. This compensation will come from the liable party’s insurance company. The insurance company will put up a fight, but we are tireless in our fight against them to ensure that you get full and fair justice.
Types of Cases We Handle
The term personal injury can mean a lot of things. Our firm handles several different types of personal injury cases including the following:
- Car accidents
- Truck accidents
- Bus accidents
- Bicycle accidents
- Pedestrian accidents
- Dog bites
- Rideshare accidents
- Construction accidents
If you have been involved in any of those types of accidents and you need help with the next steps of your case, we hope you reach out to us as soon as you can. Our personal injury attorneys in Hutchinson KS are dedicated to providing our community with the legal help they need to ensure that they get justice.
How to Get Justice
As mentioned, we pursue justice in the form of financial compensation. There will be negotiations with the insurance company regarding what this compensation should be. They will often come to you with a low first settlement offer. It’s always up to you what we decide to do but we will advise you if we believe that their offer is low and if we believe we can get more than what they are giving you. From there we decide to fight for more we can either continue insurance negotiations and come up with a fair settlement or we can go to trial.
Going to trial for fair compensation is not as common. We often will settle before we end up going to court, but we will always prepare as if we are going to trial. We don’t want to be blindsided and unprepared for trial if the insurance company really does not want to come up with the fair compensation award for you.
When you receive financial compensation, you might wonder what goes into deciding how much you get.
There are several factors that determine your financial compensation. They are separated into two different categories; economic damages and non-economic damages.
Your economic damages are financial losses that you suffer. That can include medical bills, physical therapy costs, lost wages etc.
Non-economic damages have more to do with how this injury has impacted your life. If you are no longer able to participate in sports or you cannot return to the same level of working that you used to before this can be considered non-economic damage.
We do not back down until your compensation award reflects everything that you have been through.
Challenges We May Face
The insurance company is going to present themselves to be our biggest challenge in getting the results that we deserve. They are fully aware of the laws in Kansas that allow them to reduce the compensation they give you or throw away your case altogether.
Kansas is a state that follows comparative fault lies. What that means is you can have a reduced compensation award if you are blamed for a portion of the accident. This is done in percentages. If you are found to be 50% or more at fault for the accident, then the insurance company can throw away your case and you will not receive compensation. If you are under 50% at fault and more than 0% at fault, then you can have a reduced compensation award.
This means that we need to fight hard to prevent the insurance company from taking advantage of you and trying to make a profit. They want to save money on your case so their company can make money and we do not stand for that.
The biggest piece of advice we can give you before you meet with us for a free consultation is not to talk to the insurance company about the accident. They will reach out and ask for a recorded statement, but it is up to you not to give them one. They have no legal reasons to receive a statement from you of any kind. You are not obligated to talk to them. They get all of the information they need from the accident report. They don’t need to hear about the accident from you yourself because that is a way that they get you to say something that will damn you and help them.
Timeline of a Case
Of course, we suggest that you act urgently. You have a statute of limitations that binds you to a timeline. The law in Kansas says that you have two years from the date of your accident to file a claim. That means that if you tried to file a claim past the two-year deadline you would be barred from receiving compensation even if the accident was completely someone else’s fault and you definitely deserve to have justice. That is the law and you cannot be late to file your claim.
Two years sounds like a long time. When you are recovering from an injury and learning how to get back to normal, however, it can fly by.
The sooner you get in touch with us the better. We want you to prioritize getting in touch with our personal injury attorneys in Hutchinson KS. Of course, your well-being comes first but as soon as you are able to pick up the phone and call us please do that. We want to get started building your case right away, so you don’t ever have to worry about missing your statute of limitations. You should never have to worry about your case as soon as you get in touch with our lawyers. We handle everything for you so you can focus on getting whole again.
Car Accident Attorneys in Hutchinson, Kansas
Did you suffer a serious injury in a car accident caused by another’s negligence?
You are probably feeling very lost, confused, and stressed. We are very sorry that you are going through this, and want to ease your mind and help you get the compensation you deserve. Our personal injury attorneys in Hutchinson KS will help you navigate through this stressful time and put your mind at ease. We have the experience and knowledge to ensure you receive the best outcome possible in your case. Please contact us today to schedule your free consultation.
What You Need to Know About Your Case
In order to get the justice you deserve for your car accident case, you need to know about the types of justice we will pursue. A financial award is sought as compensation for car accident cases. Such compensation includes two types of damages: economic and non-economic, including medical bills and expenses, past and future, lost wages, and pain and suffering. Economic damages refer to money you’ve lost because of the car accident, whether it’s from damage to your car or through medical expenses. The less-objective losses you’ve suffered, such as quality of life and pain and anguish, make up your non-economic damages.
It’s important to understand that Kansas is a no-fault state when it comes to auto accidents, requiring you to go through your own car insurance first for “personal injury protection” coverage (also known as “PIP” coverage) to pay your medical expenses and other related bills, no matter whose fault the accident was.
You can only look beyond the no-fault route if your injuries qualify as a serious injury, going beyond the limits of your PIP. To qualify as having a serious injury in Kansas, you have to meet one of the following criteria:
- Suffering an injury that is permanent
- Breaking a bone that is weight-bearing
- Being permanently disfigured
- Permanently losing a body function
- Having a bone fracture injury that is compressed, compound, displaced, or crushed
If you think your injury meets one of these criteria, please call us as soon as possible to get you started on getting the justice you deserve.
It’s likely you are wondering what your car accident case is worth. Please keep in mind that while we have the knowledge and experience to guide you through your car accident case, expecting a lawyer to predict how much compensation you are going to receive is unrealistic. If you speak to an attorney who say they can tell you this before taking a thorough look into your case, you should walk away. The right lawyer will take the time to review the details of your specific case so they can give you an idea of the compensation you can get.
Don’t Delay
Speaking to a lawyer about getting started with our personal injury attorneys in Hutchinson KS may feel overwhelming, but it’s important to find a good lawyer as quickly as possible. In the state of Kansas, you have only two years to file a personal injury lawsuit against the parties responsible for the accident. If you don’t act in time, you will most likely lose your right to compensation.
We don’t want your chance at justice to be taken away because you didn’t contact our personal injury attorneys in Hutchinson KS quickly enough. It’s natural to put off finding the right lawyer because you’re busy with the demands of everyday life in addition to dealing with injuries from the accident, but please act as quickly as possible. As soon as we know that you were serious about filing this claim against a possible liable party, we begin evidence collection and research to build a strong foundation for your case. Help us get started on your case swiftly so we can aggressively fight for your rights. Give is a call from the hospital if you can, while details of the accident are still fresh in your mind. We are here for you, so please give us a call to set up your free consultation.
Limits on Damages
In addition to having a time limit in which to start your case, Kansas has a statutory limit on how much a plaintiff can be awarded in non-economic damages in a personal injury lawsuit. These limits include:
- $250,000 if the injuries happened after July 1, 1988 and before July 1, 2014
- $300,000 if the injuries happened on or after July 1, 2014 and before July 1, 2018
- $325,000 if the injuries happened on or after July 1, 2018 and before July 1, 2022
- $350,000 if the injuries happened on or after July 1, 2022.
Remember that these limits apply to non-economic damages. Economic damages like lost income and medical expenses are not limited by these caps. Our experienced personal injury attorneys in Hutchinson KS can help guide you through all aspects of your case for the best possible outcome as well as fend off delay tactics used by the insurance companies.
Comparative Fault
While reviewing your case, a knowledgeable Kansas car accident lawyer will help you navigate the comparative fault rule used in the state of Kansas. The state uses this rule to lower or prevent damages from being collected if the injured person shared fault in the accident. In applying this rule, the court reduces the damages that can be collected according to a percentage of fault for which the injured person was responsible. Even though you’ve been injured, the rule states that if you are found 50% or more at fault, you don’t get compensation.
The law in Kansas states that the comparative fault rule is always applied when both parties are at fault in any way. This rule is one of the topics insurance companies like to tell you about in trying to get to a settlement, so it’s crucial to have an experienced Kansas car accident lawyer on your side, especially if there is any question as to who was at fault for the accident. Our lawyers will fight fiercely to protect your rights and put together the best case for you to receive the damages you are due.
Factors that Can Lower Your Chances for Success
Every successful case encounters challenges along the way. Our personal injury attorneys in Hutchinson KS will help you navigate your case to the best possible outcome. Let us tackle the obstacles that inevitably arise so you don’t have to worry. For us to do this, however, we need to make you aware of some important things.
When you are injured in a car accident, your first concern needs to be getting medical care. It’s vital that you get treated for your injuries, but also establish a clear picture of what your recovery will involve. Knowing how long your injuries will affect your mental and physical health is an essential part of building a strong case, as is understanding how much it will cost you in terms of treatment and loss of income.
Insurance companies often try to use a delay in treatment to their advantage, implying that the injuries suffered must not have been as serious as the victim claims. The insurance company may also use a gap between accident and medical treatment to try and get the case thrown out entirely by suggesting that the injuries were not from the accident at all. Our personal injury attorneys in Hutchinson KS will take these types of claims by insurance companies to protect your right to compensation.
Insurance companies were created on the concept of being there should a crisis arise. While this is true, don’t forget that they are also there to make a profit, and they are not your friend. The lower a settlement they can get you to accept, the more money they save. Part of their routine is to ask you to give them a recorded statement after your accident. While this may sound helpful, insurance companies are trained to guide you into answering their questions with answers that will hurt your claim. For this reason, it is extremely important to have your Kansas car accident lawyers communicate with insurance companies on your behalf.
The Importance of Having a Lawyer by Your Side
Taking on insurance companies without our experienced personal injury attorneys in Hutchinson KS is like taking on Goliath alone. The insurance company’s goal is to save itself as much money as possible, which means depriving you of justice. Our mission is to get you fair compensation for your injuries and suffering. We will fight to protect your rights.
It’s natural for you to have questions and be confused by these kinds of legal cases. We will take the burden of worry off your shoulders by handling the complexities of car accident litigation for you. Let our experience work for you. Call us as soon as possible to set up your free consultation.
Truck Accident Attorneys in Hutchinson, Kansas
If you have suffered a serious injury in a truck accident you didn’t cause, you’re probably overwhelmed and confused about what your next step should be. We are very sorry for what you’re going through. When injuries happen that could’ve been prevented because somebody else acted with carelessness or negligence, our Kansas truck accident attorneys want to fight for your right to justice. You deserve compensation for injuries that have life-altering results. We can help you get the same success we have gotten for so many others injured by negligence. Call us to set up your first consultation today.
Do I Have a Case?
It may not be clear to someone injured in a truck accident whether or not they have a legitimate case. Figuring out the answer to this question can be daunting, but you can turn to our personal injury attorneys in Hutchinson KS to guide you with their knowledge and experience. Call us for a free consultation to help you understand what legal compensation you are entitled to. It’s always better to take advantage of a free consultation and know your options than to miss out entirely due to hesitation.
Our Kansas truck accident attorneys can take a thorough look at the potential of your case to help you decide whether or not to file a claim. Don’t make the mistake most people do by missing out on your chance for compensation because you assume you have no case. Reach out to our personal injury attorneys in Hutchinson KS right away.
It’s a fact that the insurance company you make a claim against will have a team of attorneys representing their interests. Rather than seeing this as the reason not to pursue justice, see it as the reason you need to take advantage of a free consultation with our personal injury attorneys in Hutchinson KS. If together we determine moving forward is right for you, we’ll be by your side guiding you and fighting for your rights every step of the way.
Available Compensation
We want to help you get justice through financial compensation. It’s important to remember that no two truck accident cases in Kansas are identical. There is no one-size-fits-all formula for compensation. Damages are determined by the detailed facts of your case and how the accident has impacted your life.
Compensation will be determined by a number of factors. One of them involves where your case stands with regard to comparative fault laws in Kansas. If you are determined to have been between 1% to 49% at fault determined for your accident, it is possible to collect damages. If, on the other hand, it is determined that you were at least 50% at fault for the truck accident, you would not be able to collect compensation. This is a truly sad outcome, and it’s critical that you know that the insurance company is going to use this rule to try to blame you for the accident. Reach out to our personal injury attorneys in Hutchinson KS today. We know the playing field and we won’t let the insurance companies walk all over you. Let us help protect your rights.
While it’s sad to have to expect such behavior from insurance companies, the outcome is not inevitable. We know the moves insurance companies will likely make to turn the tables on you, robbing you of the compensation you deserve. Take comfort in the experience of our personal injury attorneys in Hutchinson KS— they know how to fight on your behalf.
We won’t let insurance companies get away with blaming you for your injuries. We hold them accountable and responsible for awarding you the compensation you deserve. When looking at potential compensation, two types of damages are considered: economic and non-economic.
Economic damages refer to money lost as a result of lost wages, property damage, and medical bills after the accident. If, for example, your car was totaled, you were unable to go back to work, and now have thousands of dollars of medical bills because of the truck accident, you have economic damages.
Pain and suffering are considered non-economic, because there is no pre-determined dollar amount that can be assigned to losing one’s quality of life. This doesn’t mean that non-economic damages are any less painful or impactful than economic damages. We want to stand up for your right to both economic and non-economic damages. Call today to get started with a free consultation.
Kansas Statute of Limitations
One of the ways you can help ensure the success of your case is to act quickly after a truck accident. This is important because the state of Kansas imposes a statute of limitations on how long accident victims have to file their claims. The legal term statute of limitation defines how long of a time period you have from the date of your truck accident to file a claim. In Kansas, you must file a claim within two years from the date of your truck accident in order to get compensation.
Two years may seem like a long time to you right after your accident, when you are injured and focusing on healing and resuming everyday life. But two years goes by very quickly. We urge you to contact our personal injury attorneys in Hutchinson KS today. It may seem like something you’d never forget to do, but between stress and a busy calendar, if you don’t take this step, you could miss your chance to file before you realize it’s gone.
There are elements of your case that are time-sensitive, in addition to the actual filing deadline that you may not have considered. There’s evidence to document that may accidentally (or not-so-accidentally) disappear once it becomes a significant factor in a claim against a negligent party. The information in a truck’s black box is easily erased, for example. Witnesses forget details much more often than people realize, too. These details can be critical to the success of your case.
While we start our cases swiftly with aggressive determination, we can’t pull your case together overnight. Making a strong foundation for your case relies greatly on our having the time necessary to gather accident evidence, facts, and details. We’ll get started on your case as soon as we know you’re serious about filing a claim against the liable party, but we can’t help you if you come to us the day before your statute of limitations runs out. We urge you to reach out to us as soon as possible to get started on your claim. We’ll get your case going, even if you’re still in a hospital bed. We are here for you.
Making Your Case a Success
A vital reason to hire a lawyer is avoiding the many mistakes people without attorneys often make that have the potential to ruin personal injury cases. Our personal injury attorneys in Hutchinson KS will be there by your side to help you make the best choices for your case as you go.
A big misstep many people make is giving a recorded statement to the insurance company. This is something you should never do. It’s also something insurance companies always try to get out of you so they can avoid paying any damages. You may think you’re being helpful to your case by providing information to the insurance company, but the insurance representative is trained to ask questions that produce answers which can be twisted to work in their favor. Once you speak to them, they’ll set to work getting the amount they are required to pay you reduced, or have the case thrown out entirely. Either way, you come out on the losing end.
Even before you are faced with fending off calls from the insurance company, the very first thing you need to do is get the medical attention you need. Beyond the obvious goal of making sure you are treated and put on the path to recovery as quickly as possible, seeing a doctor establishes a record of injuries. It also provides a picture of what will be involved in your physical and mental recovery, and how much time and money it will likely cost. Will you lose time at work? Will you need one or more surgeries? The facts collected through your medical examination and treatment will provide critical information about the value of your case.
Insurance companies are the only ones who benefit when you put off medical care after a truck accident. Not only does it hinder the collection of facts helpful to your case, but the delay gives the insurance company an angle from which to suggest your injuries must not be as bad as you claim. They may even suggest that the injury came from an event completely unrelated to the truck accident; if they succeed, your case will get thrown out. Our personal injury attorneys in Hutchinson KS want to prevent this kind of injustice, and urge you to seek medical attention immediately after an accident.
Wrongful Death Attorneys in Hutchinson, Kansas
Losing a loved one is a traumatic experience, even if it is expected due to illness. When a loved one is killed because of an accident that could have been avoided, however, the pain can be even more difficult to endure. Our personal injury attorneys in Hutchinson KS understand this, and though they can’t know the pain you are going through, they are dedicated to helping you get the full compensation you deserve.
What Qualifications as a Wrongful Death Claim?
If you’ve lost a loved one due to circumstances you believe could have been prevented, it’s natural to wonder how you can be sure. The issue can be complex, but if the death occurred due to negligence or carelessness, it’s important to find out if you are eligible for compensation.
The conditions for a wrongful death case may be present when a person’s actions (whether careless or negligent) cause the death of another person. A situation may also qualify if a death is brought about by someone’s failure to act, such as when an employer fails to provide a safe environment for workers.
Some examples of situations in which wrongful death occurs are medical malpractice, construction accidents, or other types of accidents, such as slip and falls. The state of Kansas also states that a plaintiff can make a wrongful death claim if a personal injury claim could have been made if the deceased person had survived. It’s important to know that a wrongful death lawsuit might be brought in cases in which the intentional behavior of the liable party caused the death of a loved one, such as during the commission of a crime.
Calling an attorney to get more information as to whether your loved one’s death qualifies as a wrongful death claim is the first step to getting justice for your loved one. Our personal injury attorneys in Hutchinson KS will look at your case and provide guidance so you can make a decision about whether or not to pursue a claim.
Who Can Bring a Wrongful Death Claim
Wrongful death claims are usually brought by a plaintiff who is a close family member seeking compensation on behalf of all of the heirs of the estate, even if they did not join the lawsuit. This is because the plaintiffs are often the next of kin.
The most common plaintiff in a wrongful death case is the spouse the deceased loved one left behind. If the deceased loved one is survived by a spouse and no children, the spouse would receive all of the monetary compensation. If the person is survived by children in addition to a spouse, the proceeds will be divided equally.
If the deceased loved one was not married, other family members may file the claim. This may be a child, parent, or guardian left behind. Every case is unique, and your wrongful death claim may be brought by a different plaintiff than ones commonly expected in that role.
Assigning a plaintiff to your case is another reason to ask our Kansas wrongful death attorneys to help you navigate this difficult and confusing time. If the circumstances warrant, you may elect a sibling, cousin, aunt, uncle, or grandparent to be the plaintiff. If the deceased loved one had a will, there is often an executor appointed by the court to represent the estate. In such a case, the executor is usually the person designated as the plaintiff. The sooner you reach out, the more quickly you’ll be able to start taking steps toward justice.
Identifying the Party Liable for Wrongful Death
A successful wrongful death claim depends, in large part, on two things. The first is proving a particular company, person, or other entity was responsible for the death. The second is proving that the death was caused by actions the responsible party did or did not take, which makes them negligent. To present a strong case, you’ll want to prove that your loved one would not have died if the party responsible had behaved differently. Our personal injury attorneys in Hutchinson KS will be at your side working to create the strongest possible foundation for your wrongful death claim.
Who Can Receive Damages in a Wrongful Death Case
Similar to other personal injury claims, penalties imposed on the liable party in wrongful death cases come entirely from monetary compensation paid to the survivors of the deceased. These “damages” are the way in which wrongful death cases differ from criminal cases.
In a criminal case, a guilty verdict does not result in monetary damages being awarded. Similarly, in a civil case, successful prosecution does not result in imprisonment. You are not filing a wrongful death case with the goal of putting someone in prison. This difference can clearly be seen in the wrongful death case won against OJ Simpson on behalf of the Goldman family. As a result of the guilty verdict, OJ was required to pay damages to the family of Ronald Goldman.
In a wrongful death claim in Kansas, if the liable party is deceased, the claim can be filed against the estate of that party. This would be the case, for example, with an automobile accident in which the driver responsible for the accident was also killed.
Another difference between a wrongful death case and a criminal case is that guilt in a criminal case must be proven “beyond a reasonable doubt.” In a civil wrongful death case, the liable party’s responsibility must be shown “by a preponderance of the evidence,” which is a less strict requirement and, therefore, easier to prove.
A defendant facing criminal charges can also be sued in a wrongful death case in civil court. To discuss your likelihood of success in filing a wrongful death claim in your specific circumstances, contact our personal injury attorneys in Hutchinson KS as soon as you can.
How a Wrongful Death Claim is Paid
The damages awarded in a wrongful death case come from the liable party’s insurance company. Whose insurance company this is varies depending upon where and how the accident happened. If the accident was related to construction, the compensation could come from a third party. If medical malpractice caused the wrongful death, the compensation would likely come from the insurance company of the hospital or doctor involved.
How Much to Expect from a Wrongful Death Claim
Damages in a wrongful death case fall into two categories: economic and non-economic. Economic damages are compensation for lost financial support as a result of the death. Non-economic damages are compensation for loses that are intangible but no less devastating. The state of Kansas places a cap, or limit, on non-economic damages at $250,000. There is no such limit on economic damages.
It is not easy to predict how much money in damages to expect from a wrongful death claim, as attaching a monetary value to the death of your loved one, as well as the impact it has had on you and your family is a complicated issue. Here are some of the things you can receive compensation for:
- Your loved one’s pain and suffering before death
- Medical expenses incurred trying to save the life of your loved one
- Funeral and burial expenses
- The lost wages that your loved one would have provided to your family had the person lived
- The inheritance that family members, including yourself, could have received if your loved one had lived
- Loss of companionship, guidance, and support
- Loss of relationship
- Mental anguish suffered by the survivor
Even the value attached to household services that were regularly performed by the loved one may be considered. It’s important to reach out to our personal injury attorneys in Hutchinson KS as soon as possible to give your claim the best chance at a successful outcome. Our attorneys will draw upon their experience, knowledge, and resources to build the most robust case they can on your behalf.
How Long You Have to File a Wrongful Death Claim in Kansas
The statute of limitations in Kansas— meaning the window of time you have to file a wrongful death case— is two years from the date of the death of your loved one. It’s important to file your claim before this window closes, or the court will very likely refuse your case. Our personal injury attorneys in Hutchinson KS can help ensure your case is filed as quickly as possible without missing any of the complexities these cases almost certainly involve.
Call our personal injury attorneys in Hutchinson KS Today for Your Free Consultation
The death of a loved one is not the time to go it alone, especially when the death was due to carelessness or negligence. Our personal injury attorneys in Hutchinson KS can navigate a wrongful death claim for you during this painful time, guiding you every step of the way. We have the knowledge and experience to fight for families like yours to get compensation that is fair and full. Our dedicated team wants to be there to help bring your family the justice it deserves. Call us today to get your free consultation so that we can go over the details of your case and give you advice you can trust.