In Kansas, personal injury cases are determined by the severity of the accident injuries. According to these laws, an auto accident victim is required to file a claim through their own auto insurance first. The state is considered a no-fault state and requires all drivers to maintain their financial responsibility by acquiring adequate coverage.
Defining Just Cause to File a Personal Injury Claim
Any accident injuries that equate to more than $2,000 constitute the need to file a formal claim against the responsible party. While both parties are required to file a claim initially through their insurance carrier, law enforcement does indicate what party is accountable for the accident. The reason for this assessment is to assist accident victims who sustain serious injuries. In most cases, the victim has a window of two years to file a formal claim. Victims who want to begin this process should contact an Accident Attorney in Topeka KS.
What are Serious Injuries?
Broken bones, loss of limb or function, and disfigurement are identified as serious injuries. If the victim develops a brain injury due to the impact of the accident, these injuries fall within this category. Any injury that produces a long-term disability is included in this classification.
Collecting Damages for Injuries
The victim’s medical expenses are the first consideration when calculating damages. Next, the court assesses any lost wages as a result of the accident. The calculation is associated with the recovery time needed for them to return to work. If the victim is unable to return to their job, the calculation is based on the wages they could acquire throughout their lives. This is based on their most recent salary and their life expectancy.
Accident victims have the right to file a formal claim under certain conditions. To become eligible for these monetary awards, they are required to file a claim with their own auto insurance first. After the value of medical treatment exceeds the $2,000 cap, the victim could acquire damages through the party who caused the accident. To learn more about these guidelines, contact an Accident Attorney in Topeka KS or look at more info here.