Topeka Car Accident Lawyers

In the blink of an eye, your whole world can change.

A car accident can happen for many different reasons. Another driver may be negligent or reckless, driving too fast, failing to yield, or driving distracted, drowsy, or under the influence. Whatever the cause of your car accident, you may be left with lasting personal injuries, medical issues, and mounting bills after your crash. It is important to understand your legal rights and how to protect them.

Recovering Compensation After a Car Accident in Topeka

After a car crash, you may face significant damages. It is possible to recover compensation against the party who was at fault by filing a claim for negligence. Negligence requires proving four elements:

• A duty of reasonable care towards the plaintiff and others, such as the duty to drive safely on the road;
• Breach of that duty by the defendant, such as breaking a traffic rule or otherwise driving recklessly;
• Causation, meaning that the defendant’s actions were the direct cause of the plaintiff’s injuries; and
• Damages – the specific injuries the plaintiff has suffered and the monetary losses they have incurred.

What Damages Are Available in a Car Accident in Topeka?

After a car accident, you may be facing mounting medical bills, lost wages at work, car repair expenses, and other costs associated with the crash. You may be able to recover compensation for your out-of-pocket costs, which are expenses that can be readily quantified:

• Doctor visits
• Specialist care
• Hospital stays
• Prescription medication
• Rehabilitation, nursing, and home care
• Physical, occupational, or other therapies
• The value of your lost income or wages if you cannot work as a result of your accident
• The costs of repairing or replacing your personal property, such as your vehicle

Additionally, you may be able to recover compensation for your general damages—these expenses are harder to quantify and prove, but they nevertheless affect a victim’s life greatly after a car accident. For example:

• Pain and suffering
• Mental anguish and psychological trauma
• Scarring or disfigurement
• Lost future income
• Loss of enjoyment of activities that you can no longer do
• Loss of consortium
• General decline to your quality of life
• Damages for your loved one’s wrongful death

What Is the Statute of Limitations on Car Accidents in Topeka?

The statute of limitations, generally, is the time period available for a plaintiff to file their claim in court after they suffer a personal injury. In Kansas, the statute of limitations on personal injury claims, including car accidents, is two years. This means you must file your case within two years after your accident, or you risk losing the opportunity to recover compensation for the damages you have suffered. It is imperative that you consult with a knowledgeable Topeka attorney about your potential claims as soon as possible to prevent the statute of limitations from lapsing.

Is Kansas a No-Fault State for Car Accidents?

In Kansas, every driver must have no-fault coverage, which means that your insurance company will be primarily responsible for covering your personal injury damages after an accident. Kansas requires certain personal injury protection (PIP) benefits to be included in every automobile insurance policy sold.

Though your medical expenses and other personal injury costs may be paid through your PIP coverage is limited. For any other expenses that are not covered, you may need to file a claim against the other driver who was at fault for the accident.

Can I File A Car Accident Claim After Insurance Pays?

Generally, after the insurance company pays your claim, you will need to sign a release, which is a document that may prevent you from being able to file a claim in court. However, the release may only apply to the maximum amount that is reimbursed by the insurance company. It is important to consult with an experienced attorney before accepting any offers from the insurance company.

What Are Common Causes of Car Accidents in Topeka?

Car accidents in and around Topeka happen for various reasons. Some are because of mistakes or careless driving, while others result from road conditions, car issues, or unexpected situations. Here are common reasons for these accidents:

• Speeding or driving too fast under the circumstances
• Not giving the right of way, merging unsafely, failing to check blind spots, or moving into another car’s path when it is unsafe to do so
• Ignoring traffic signals, signs, or stops, or otherwise breaking the laws of traffic, leading to an accident
• Reckless or negligent driving, such as being indifferent to the safety of others on the road
• Aggressive driving, like tailgating or cutting off other cars, which can cause serious accidents
• Road rage, where aggressive driving turns dangerous, including things like ramming or forcing someone off the road
• Driving under the influence of drugs or alcohol
• Distracted driving, like using a phone, eating, or doing other things while driving
• Mechanical or other car issues that result in the driver hitting another car
• Dangerous road conditions, low visibility, or bad weather

What Are Common Injuries from a Car Accident?

A car accident can leave you with personal injuries, some of which may be severe—in some cases, even catastrophic. These injuries will often require significant medical care, therapy, and rest to recover. In some cases, full recovery is not possible. Permanent damage or impairment, or even wrongful death, can happen in the worst scenarios. There are many different injuries that can result from a car accident, such as the following:

• Head injuries, concussions, and traumatic brain injuries
• Back, neck, and spinal injuries, sometimes including partial or full paralysis
• Broken or fractured bones
• Injuries to internal organs or internal bleeding
• Limb amputations
• Burns
• Road rash and other abrasions
• Whiplash and other soft tissue injuries
• Scars or disfigurement
• In the most extreme cases, wrongful death

What to Do After a Car Accident in Topeka

After a car accident, it is crucial that you protect both your well-being and your legal rights. The following is a list of things you should do to ensure you receive necessary medical care, preserve important evidence, and have legal support for what comes next:

• Seek immediate medical attention. Even if you feel okay at first, some injuries might not show up right away. Get checked by professionals to understand and mitigate any potential health concerns. Make sure to keep up with necessary medical treatments to fully recover from any physical, mental, or emotional issues.
• Collect evidence. Ask witnesses to share their account and contact details. Gather information from the other party involved and their insurer. Write down your recollection of events while they’re fresh in your memory. Call the police to report the accident and obtain any police reports. Take photos of the accident site, your injuries, and any damage to property, if possible.
• Call Bretz Injury Law. Seek advice from an experienced Topeka car accident attorney at Bretz Injury Law. We’ll help you understand your rights, explore legal options, and plan the best way forward.
• Keep track of expenses related to the accident. Record all expenses, including your medical bills, therapy, home care, and lost wages. Also, keep a detailed journal of how your injuries impact your daily life, such as by noting your pain levels, your missed days at work, and any activities you cannot do as a result of your injuries.
• File an insurance claim and consider legal action. Work with your attorney to file a claim so that they may negotiate a fair settlement with the insurance company. If negotiations fail, your attorney can help you file a lawsuit in the appropriate court and prepare your case for a jury.

How Can Bretz Injury Law Help After Your Car Accident in Topeka?

After an accident, it is essential that you talk to a lawyer about the next steps you need to take to protect your legal rights. Insurance companies often have significant legal and financial resources, making it difficult to face off against them on your own. An experienced Topeka car accident lawyer can negotiate with the insurers on your behalf toward a fair and reasonable resolution. An attorney can help protect your legal rights and advise you of your options while you get your life back on track.

If you’ve been injured in a car accident as a result of someone else’s reckless or negligent driving, 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 legal professionals all working together to secure the best possible outcome on your behalf.

Our attorneys will work with the insurance company on your behalf to negotiate a fair settlement. If necessary, we are prepared to file a lawsuit against the at-fault driver and seek full and fair recovery for your damages at trial.

If you or someone you love was injured by the negligent or wrongful conduct of another in a car accident, contact Bretz Injury Law today. Our Topeka personal injury lawyers can help you understand your rights and fight for the fair compensation you are owed. Contact us today to schedule your free consultation.