Car Accident Injury Attorneys in Topeka
Get the help you need to maximize your claim for a serious car accident.
Car accidents are one of the most common types of accidents resulting in personal injury.
According to the Kansas Department of Transportation, over 55,000 traffic accidents occur each year in the state. These result in almost 20,000 injuries each year.
The most common types of serious injuries resulting from car accidents include:
These can be life-impacting injuries that require considerable rehabilitation and affect the ability to work and earn income.
If you have been involved in a car accident, such as a head-on collision or rear-end accident at high speed, it is likely that you have suffered a personal injury requiring costly medical treatment.
Attempting to claim compensation for your injuries can be a laborious and stressful process. This is particularly so when you are suffering pain, discomfort, and psychological trauma from your accident.
Insurance companies are ruthless and may try to pressure you into making statements or signing forms or agreements that are not in your best interests to sign. The help of an experienced car accident attorney is invaluable as you try to make sense of it all.
We will help you fight your case and push for the best possible outcome for you or your loved one as the injured party.
- Help you understand your legal rights
- Deal with the insurance company on your behalf
- Go to court on your behalf, if necessary
- Do everything possible to maximize your claim
Auto Accident Injury Frequently Asked Questions
What are the steps to an auto accident claim in Topeka, Kansas?
To make an auto accident claim in Topeka, you will need to navigate a few steps:
- Get in touch with your first-party insurance company
Your first-party insurance is responsible for anything that happens to you in the accident. Get in touch with them in the first instance to claim personal injury protection benefits such as medical expenses and lost wages.
- Get in touch with the third-party insurance company
If the accident was somebody else’s fault, it is the responsibility of their insurance company (third-party insurance) to cover you for any losses.
The claims adjustor may call you to initiate the process and make a statement.
- Get follow-up medical treatment if required
Continue with your medical treatment for as long as your injury requires after your accident.
- Follow up with your claim and have it checked by a lawyer, if necessary
Most insurance companies want to settle without litigation. Follow up and see what they offer you but be ready to contact an auto accident attorney to ensure that you are getting what you deserve from the deal.
What damages am I entitled to in a car accident lawsuit?
If you are involved in a car accident in Kansas and file a lawsuit against the at-fault party, you may be entitled to the following damages (depending on the circumstances of your accident):
- Medical expenses
- Loss of wages
- Loss of future earning capacity
- Pain and suffering
- Property loss
Most serious accidents will include each of these and, if you have long-lasting, visible injuries as a result of your accident, you can expect to claim for more in terms of emotional suffering.
What situations are considered auto accidents in a personal injury claim?
Auto accidents encompass a wide variety of situations in Kansas.
They may involve drivers of cars, trucks, or other automobiles as well as passengers, cyclists pedestrians, or animals.
Some examples include accidents between a passenger vehicle and:
- Another standard passenger vehicle
- A commercial truck
- A train, bus, RV, or trailer
- A motorcycle
- A tractor
- A pedestrian
- A bicyclist
- An animal
- A building, lamppost or street sign
Can I still recover damages from an auto accident injury with a pre-existing condition in Kansas?
Yes, there are provisions in Kansas law for you to claim damages from an auto accident injury even with a pre-existing condition.
The so-called “eggshell skull rule” means that the defendant must take the plaintiff “as they found them”.
This means that you could be covered if the pre-existing condition was worsened by the accident.
In many cases, your total compensation will be reduced by the existence of a condition before the accident but an insurance company cannot simply deny your claim because of it.
If I wasn’t wearing a seatbelt can I still recover damages in a car accident lawsuit?
If you weren’t wearing a seatbelt, this will likely add complexity to your case.
However, you may still be able to file for damages under “modified comparative fault”. Kansas law allows an injured plaintiff to sue if they are less than 50 percent at-fault in the accident.
How long do I have to file an auto accident personal injury lawsuit in Kansas?
If you are involved in an auto accident in Kansas, you must file a personal injury lawsuit within two years of the date of injury.
If there is a complex and lengthy diagnosis, this date might be extended by the courts to two years from the date of the discovery of the injury.
How does a personal injury lawsuit work when multiple parties caused my injury?
Kansas law follows the principles of “several liability” whereby a defendant may only be held responsible for damages proportional to their contributed fault.
So, if you are injured in a multi-vehicle accident that has caused $200,000 of damage, only $50,000 could be redeemed from a party adjudged to have been at 25 percent fault of the accident.
To recover the full damages would require multiple lawsuits.
What type of car insurance coverage is involved in an auto accident injury claim?
Auto accident claims may involve several different types of insurance:
- Personal injury protection (“PIP)” insurance is part of virtually all policies and applies regardless of fault
- Liability insurance coverage – this covers damages caused by someone else’s fault
- Uninsured (“UM”) or underinsured motorist (“UIM”) coverage may apply where injuries are caused by an uninsured or under-insured drive.
Pedro Irigonegaray is one of the most experienced, knowledgeable, professional and compassionate attorneys I have ever known. When you need legal advice or someone to fight for you, get the best. Talk to Mr. Irgonegaray.
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I have known Pedro for many years. A true gentleman, capable and ethical attorney. Glad to see the firm expand with more talented and ethical attorneys. A real asset to the Topeka legal community.
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Maximizing your claim
Our car accident attorneys will look into the circumstances of your accident to determine whether it may further your claim for compensation.
Typically, serious car accidents result from one (or more) of the following causes:
- Speeding or dangerous driving: exceeding speed limits, overtaking dangerously or ignoring red lights can and do result in serious injury.
- Drunk driving: people who are impaired and drive drunk seriously risk the lives of others on the road.
- Distracted driving: whether using a cell phone or not paying attention to the road, distracted driving is dangerous and on the increase.
- Vehicle defects: this can be due to either a manufacturing defect or because of failure to adequately service or repair the vehicle.
Other causes, like road rage, elderly drivers, or failure to yield can also cause serious injury.