How An Attorney Can Help With Your Kansas Car Accident Claim

In the aftermath of a car accident in Kansas, dealing with the physical and emotional pain and suffering is the priority.

Soon, however, thoughts usually turn to who was at fault for the accident, who suffered losses due to negligent or reckless driving, and how compensation can be claimed.

The process of claiming compensation for a car accident injury can be stressful and complex, especially in serious accidents where significant compensation is due. A qualified attorney can simplify the car accident claims process and ensure victims receive the maximum compensation for their accident injuries.

Here’s how.

If you have suffered an injury from a car crash that was not your fault, a car accident lawyer can help with many aspects of your claim.

You will need to prove that the accident was the fault of the other party and, as a direct result of their negligent or reckless actions, you suffered damages and losses. This can be challenging for anyone without legal experience.

A car accident attorney can assist with:

• Communicating with the insurance company of the other driver.
• Gathering evidence to prove fault to support your claim.
• Coordinating with doctors to obtain the necessary medical evidence to support your claim.
• Obtaining your medical records from healthcare providers and paying medical bills.
• Organizing and presenting evidence to prove liability and damages to the insurance company.
• Negotiating with the at-fault party’s insurance adjusters for the maximum possible settlement.
• Initiating litigation, if necessary.
• Representing you in court or at mediation, if necessary.

A seasoned car accident lawyer will manage the claim from start to finish and not settle for anything less than you deserve.

Let’s take a closer look at the main areas where your car accident attorney will assist with progressing your claim.

Speaking with the insurance company on your behalf

Dealing with loss adjusters can be a stressful experience after a car accident, especially when you’re trying to recover from injuries. Some victims say or do things that could damage their claims.

Insurance adjusters look to protect the interests of the insurance company, which are in direct conflict with your interests. It helps to have an attorney to advocate for you to “level the playing field,” protect your interests, and remove the stress of the experience—allowing you to focus on recovery.

Establishing your car accident losses

Few car accident victims are equipped to accurately assess their losses (“damages”) without the assistance of an attorney.

An accurate assessment requires knowledge of Kansas personal injury law and of how to obtain the necessary medical (and other) evidence to support the claim.

Documentation relating to your car accident injuries (medical records from your healthcare provider) is the key evidence when assessing how much compensation you are due. You may need your lawyer’s help to request extra documentation or to ensure that doctors have accurately listed all of the medical outcomes and the full extent of the accident injuries.

Sometimes, too, expert opinion is required on how the injuries will affect the patient’s lifestyle or quality of life.

Gathering and organizing evidence to support your claim

Multiple pieces of evidence are required in car accident claims—even in seemingly “open-and-shut” cases where fault seems obvious. Gathering and organizing the necessary evidence is an acquired skill that experienced car accident attorneys are adept at.

From copies of police reports and medical records to photographs, dashcam/video footage, and witness statements, a car accident attorney understands the ways to obtain such evidence, and how to organize and present it to the necessary authorities.

Negotiation and/or litigation

The first offer you receive from an insurance company after a car accident is often well below the full compensation you are due. You do not have any obligation to accept an insurance company’s first offer, especially when it’s low.

A seasoned car accident lawyer will ensure you are compensated not only for full medical expenses and property damage but also for the pain and suffering you have endured.

Generally, accident claims are settled out of court, with skilled negotiation being a key component of the process. If your lawyer’s negotiations with the insurance company do not end in an agreeable settlement, litigation may be required.

Representation in court

Your attorney will be a central figure in the process if legal action is necessary to help force a fair resolution from the insurance company.

Even after litigation is instigated, there is a good chance that the matter will be settled without the need for a trial—through negotiation or mediation. However, if necessary, a car accident lawyer can represent you in court and guide you through the litigation process and trial.

There is nothing that compels a car accident injury victim to hire a personal injury lawyer. However, the failure to do so can be a mistake that may result in the victim having to settle for less compensation than they deserve.

The claims process is fraught with obstacles and delays—often a deliberate strategy by the insurance company. The experience of a car accident lawyer can help overcome these problems and achieve a fair settlement.

Accident injury victims should be able to focus on recovery rather than proving fault, gathering evidence, and negotiating over a compensation claim.

That said, if your injuries are relatively minor, you are ready for the task at hand, and you’re prepared for the strategies you may encounter, it is possible to file a claim for compensation by yourself.

However, if the insurance company contests fault, delays the process, lowballs you or denies your claim, you should contact a personal injury lawyer as soon as possible in order to ensure you file or resolve your claim within the statute of limitations that applies to your car accident in Kansas.

If you file a car accident claim in Kansas, be prepared to overcome the following challenges:

• Delays: whether intentional or unintentional, delays often prevent PIP insurance and third-party insurance companies from processing claims promptly, sometimes heavily impacting the finances of victims and their families.
• Denial of fault: third-party insurance companies often dispute the fault of the accident, hoping to reduce the compensation payout.
• Low-ball settlement offers: the first offers from insurance companies are often much lower than the amount that car accident victims are entitled to.
• Requests for additional documentation: it is common for insurance companies to request more documentation in the hope that claimants are discouraged, further delaying the claims process.
• Denial of claims: sometimes, insurance carriers deny claims based on their assessment of the accident or policy exclusions.

Accidents involving uninsured and underinsured motorists

Another major challenge with car accident injury claims is claiming compensation from uninsured and underinsured motorists—or a hit-and-run driver who is never located.

If a motorist breaks the law and drives with no insurance or not enough insurance to cover your losses, you will still receive benefits from your own insurance company but recovering the remainder can be challenging. You will need to consider whether to pursue damages from the driver’s personal assets—which can be legally challenging and time-consuming with no guarantee of success.

Damages can soon mount up after a car accident in Kansas. Claiming fair compensation is generally much more straightforward when you hire a personal injury lawyer to handle all communications with the relevant parties.

If you’re in the Topeka area, speak to a car accident lawyer at Irigonegaray & Revenaugh for a free case evaluation. We will advise you of your legal options and assess how best to claim the compensation you deserve.

After a car accident, the first thing to do after you have made yourself safe at the scene and gathered any necessary evidence such as photographs of the scene of the accident and property damage to the cars involved, is to receive a medical checkup. This ensures that your injuries are documented from the start.

After this, filing a personal injury claim should be a priority if the accident was the fault of a third party. Understanding the claims process and following through with a claim is considerably easier with the help of a car accident attorney.

If you’re in the Topeka area, speak to a car accident lawyer at Irigonegaray & Revenaugh, during a free case evaluation. We will advise you of your legal options and assess how best to claim the compensation you deserve.