Why File a Personal Injury Lawsuit in Kansas?

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Whether it’s slipping and falling on someone else’s property, being involved in a car accident that was someone else’s fault, or suffering a workplace injury, a personal injury can significantly affect your life.

You may need medical treatment, be unable to go to work or do activities that you used to enjoy, experience chronic pain, and have serious financial damages due to your injury. If you have sustained a personal injury, you need to understand your legal rights, options, and potential next steps in filing a claim to recover compensation for your damages.

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What Is a Personal Injury Lawsuit in Kansas?

Put simply, a personal injury lawsuit seeks to compensate the victim of an injury for the monetary damages they have incurred due to their accident. Generally, a personal injury lawsuit is filed by the injured party — the plaintiff — against the wrongdoer or party who caused the accident, known as the defendant. In most cases, the defendant is a person who has caused an injury to the plaintiff, but there are some circumstances under which the wrongdoer may actually be a business, corporate entity, or other type of entity, such as a government agency.

Personal injury law is broad and covers many different types of matters. The following are just some examples:

Car accidents
Truck accidents
Motorcycle accidents
Slip-and-fall cases
Workplace injuries, including industrial accidents and farming accidents
Premises liability
Product liability
Wrongful death

Generally, at the crux of a personal injury case is a claim for negligence, which requires the victim to prove both liability, that is, that the other party is responsible for the accident and resulting injuries and damages. Specifically, a negligence claim requires proof of four elements:

A duty of reasonable care
Breach of that duty
Causation
Damages

When Should You Consider Filing a Lawsuit in Your Personal Injury Matter in Kansas?

In order to pursue compensation after a personal injury, it is usually necessary to file a claim with the insurance company that represents the party who is at fault for your injuries. However, in many cases, it may also be necessary to file a lawsuit in the appropriate court — particularly if the insurance company refuses to negotiate or offers a settlement that does not accurately and fairly compensate you for the full extent of your damages.

A lawsuit can help preserve important evidence and protect your legal rights to receive compensation. It may also serve as notice to the insurance company that you are taking your claim seriously and ready to fight for compensation that will help make you whole again.

What if the Accident Seemed Minor?

Even if your accident seemed minor, it is important to follow up with medical professionals, assess the true value of your damages, and consult with a Kansas-based attorney who knows the ins and outs of state law. Some personal injuries do not manifest right away but may take days or even weeks to show up, so getting thoroughly checked by a medical professional is important.

No matter how minor an accident may seem, it is also important to keep track of the financial damages you have incurred, whether they be mechanic’s bills, medical expenses, or lost work. Those expenses can add up, and you may be able to recover compensation even if, at first, your accident may have seemed minor. A consultation with an experienced and knowledgeable personal injury attorney will help you understand your legal rights, options, and the next steps to take.

Why Is It a Good Idea To Discuss Your Claim With an Attorney?

When you suffer a personal injury, not only do you need to deal with the aftermath — receiving the medical care you need in order to get better — but you also may need to spend significant resources fighting to have your claim heard and recover compensation.

You will need to prove that the other party was responsible for causing your injuries and the full extent of your damages. You may also need to fight against large insurance companies that tend to have significant legal and financial resources on their side. Make no mistake. Their main goal will be to minimize any payout to you as much as possible.

Having a knowledgeable, experienced attorney by your side to help with your personal injury matters can make all the difference. Your attorney will investigate the facts of your case and research the applicable laws, and they will work to preserve important evidence to help prove your claims. They will also file your claim with the insurers involved and file a lawsuit in the appropriate venue. They will negotiate with the other party and their insurance company toward a fair resolution, and finally, they will be ready to fight on your behalf in court if a settlement is not possible.

How Can Bretz Injury Law Help?

If you’ve been injured as a result of someone else’s negligence, you shouldn’t have to shoulder the aftermath on your own. When you trust your case to Bretz Injury Law, you get more than a single lawyer on your side; you get an entire team of seasoned, Kansas-based legal professionals all working together to secure the best possible outcome on your behalf.

Throughout the process, we will be there for you every step of the way. We strive to remain accessible to our clients and attentive to their unique needs. Our compassionate team can answer your questions and address your concerns 24 hours a day, 7 days a week.

We provide free initial consultations and work on a contingency basis, meaning you do not owe any out-of-pocket expenses when you work with our firm. Our attorneys are only paid if you are.

Call today at . Every consultation is free at our Hutchinson, Salina, Wichita, Garden City, Dodge City, Liberal, and Hayslaw office locations.

Call today at . Every consultation is free at our Hutchinson, Salina, Wichita, Garden City, Dodge City, Liberal, and Hays law firms. We proudly serve injury victims and their families throughout Kansas and beyond.