Understanding Your Accident Case in Olathe
Car Accident Attorney Serving All of Johnson County
Automobile accidents are very common throughout Kansas, Missouri, and the entire United States.
Millions of cars,
motorcycles are in accidents every single year. Over a million people are injured
each year from automobile wrecks.
Sadly, many of the wrecks could have been avoided, if not for the negligence
of one of the drivers. The negligent driver is liable for the damages
caused to the injured party.
Negligence is a key component in any personal injury lawsuit. Negligence
is a legal term that means the other person failed to act in a reasonably
careful manner. You have to prove the other driver was negligent. This
may be shown through police reports and witnesses. Additionally, you can
hire an accident reconstructionist to show how the wreck occurred and
provide their expert opinion as to whose negligence caused the car wreck.
Ideally, an injured person receives the money they need, from the negligent
driver's insurance company. This is compensation for pain, suffering,
and medical expenses. However, if the person is not insured, this can
cause a problem. You can still reach a settlement, but often they don't
have the money to pay out anything. Alas, people without insurance often
don't have money. Because of the reality of uninsured motorists, it
is vital that a driver carry uninsured motorist coverage. There have been
many times when I had a client in such a situation. In those cases, we
turned to my client's own insurance to receive the compensation my
Additionally, there are times when the negligent automobile driver does
have insurance, but not enough to cover the full extent of the injured
party's damages. For example, imagine you have $200,000 in damages,
but the insured driver party only has $100,000. I have had numerous cases
just like that. In those situations, we again look to my client's
own insurance, in the event they have underinsured motorist coverage.
That way, assuming my client has a higher policy limit, my client is compensated
for whatever the negligent driver's insurance didn't cover.
If there is no insurance company from which to seek compensation, you can
still proceed forward, but collectability is a real concern.
Even if all the drivers involved have insurance, by no means does that
resolve all the issues. It only resolves the collectability question,
but doesn't automatically mean the injured person is going to be compensated.
There's still the issue of litigation, proving up your claim, and
showing damages. Insurance companies are out to make a profit and do not
like to pay out unless they have to.
Over the years, as a personal injury car wreck lawyer, I have learned how
to deal with insurance companies. They will pay out if they believe the
attorney is serious and prepared to go to trial. Additionally, you have
to clearly show them that their insured is at fault and that a jury will
see it your way. Proving damages is a critical component as well. The
insurance company must sense the reality and severity of the damages.
Affidavits from friends and doctors have greatly assisted us in the past
To settle, you must convince the other side that it is in their best interest
to avoid trial. You must convince them that you will win and that they
are ahead by simply paying out via a settlement.
If the case cannot be settled, trial is the other option. Trial involves
significant and expensive litigation, potentially including interrogatories,
depositions, testimony, and expert witnesses. Personally, I love going
to trial. However, trial means higher expenses, which can cut into overall
monies gained by our clients. Therefore, settlement is preferable. On
the other hand, trial could potentially lead to much higher damage awards,
making it worth it. Whether or not you should go to trial is determined
on a case by case basis.
Just because you were involved in a car wreck does not mean you are entitled
to compensation. You must also prove damages. Damages usually come in
the form of pain, suffering, medical expenses, and lost wages.
You must show that it was this specific wreck which caused your specific
injuries. Often times, the other party may concede some of the injuries
were caused by the wreck, but not all. For example, they may concede that
your soft tissue back injuries were caused by the wreck, but not your
neurological brain complications which showed up a week later. In such
you cases, you may have to hire an expert doctor to testify about causation.
In the above example, you would potentially have to hire a neurologist
to provide her expert opinion regarding causation of the brain complications.
Statute of Limitations
After a car wreck, an injured party has a limited amount of time to file
a lawsuit. In Kansas, you must file within two years of the negligent
automobile accident, or you lose your right to file. The statute of limitations
is only one year for intentional torts. For example, if the person purposefully
ran you over with a car or truck, that is an intentional tort called battery.
In Kansas, you need to file that within a year.
No Fault and PIP Insurance
No-fault insurance laws greatly affect car wreck litigation. Basically,
they ensure that the injured party is quickly taken care of, up to small
limits. Then, the insurance companies and parties can sort it out later
during the litigation in bigger cases.
Causes and Factors for Automobile Accidents
Speeding and other traffic violations. If the other driver was going too
fast or changed a lane improperly, that can obviously cause a wreck.
Texting While Driving. Some research has proven that texting while driving
is more dangerous than drinking and driving. There are other distraction
which can cause wreck as well, including talking while driving, applying
makeup while driving, reading while driving, and etc. According to NHTSA
(National Highway Traffic Safety Administration), driving while distracted
accounts for approximately 80 percent of car wrecks.
Equipment Failure. If your wreck was caused as a result of brake failure
or otherwise, there may also be a potential products liability issue
Wet, Icy, or Snowy Roads. Us Kansas and Missouri drivers know all about this.
Missing Signs, Dangerous Conditions. If there was a dangerous condition
left unattended to by the government, such as if a stop sign had fallen
over and wasn't replaced, the government may be liable. In such a
case, a suit should be filed immediately as your rights will be severely
limited if not filed right away.
When to Hire an Olathe Car Accident Lawyer
If you have been involved in an automobile accident and have injuries,
you should speak with an Olathe personal injury lawyer from our firm.
Do not try to handle it on your own. Let a lawyer who knows how to deal
with these cases resolve your situation. They will better be able to position
If you do attempt to handle the case on your own, seek a car wreck attorney
- Settlement is not quickly resolved or is delayed.
- They will not fully compensate you.
- The claim in denied.
If you have been involved in an automobile accident in Johnson County,
call our law firm today today. We are experienced
personal injury attorneys who have handled many car accident cases.