That leads to one of the most common questions after a crash:

Do you have to give a recorded statement after a Kansas car accident?

In most situations, the answer is no—and giving one too early can seriously harm your claim.

What Is a Recorded Statement?

A recorded statement is a formal interview conducted by an insurance company, usually over the phone. The adjuster records your answers and keeps them as evidence.

These statements are often requested within hours or days of the accident—sometimes before you’ve seen a doctor, reviewed the police report, or even fully processed what happened.

Are You Legally Required to Give One?

Under Kansas law, you are generally not required to give a recorded statement to the other driver’s insurance company.

The at-fault driver’s insurer has no contractual relationship with you. Their obligation is to protect their insured, not you.

There are two important distinctions to understand:

• Other driver’s insurance: You can usually decline
• Your own insurance: A statement may be required under your policy, particularly for collision coverage and PIP claims

Even then, timing and preparation matter.

Why Insurance Companies Ask for Recorded Statements

Insurance companies do not request recorded statements to “help” your claim. They are trained to use them to:

• Lock you into early versions of events before you know all the facts
• Highlight inconsistencies later
• Downplay injuries
• Suggest comparative fault
• Argue delayed treatment or pre-existing conditions

Statements taken immediately after a crash are especially valuable to insurers because injuries often worsen later—while your recorded words do not change. In fact, many clients do not feel injuries until the next morning or even a couple of days later when they attempt to resume their normal activities.

Common Traps in Recorded Statements

Adjusters follow a well-crafted script and are skilled at asking questions that sound harmless but carry legal consequences, such as:

• “Are you feeling okay now?”
• “Did you see the other vehicle before impact?”
• “Would you agree the accident happened quickly?”
• “Have you ever had pain in this area before?”

Honest answers—given without full information—can later be used to argue that your injuries are exaggerated or unrelated.

What If It’s Your Own Insurance Company?

Kansas drivers often carry Personal Injury Protection (PIP) coverage, which pays medical expenses regardless of fault. Your policy may require cooperation, including a statement.

However, “cooperation” does not mean immediate, unprepared, or unlimited.

You generally have the right to:

• Schedule the statement at a later time
• Review the facts first
• Understand the scope of questions
• Have an attorney involved

Rushing into a recorded statement—even with your own insurer—can still cause problems if details are misstated or incomplete.

Should You Ever Give a Recorded Statement?

Sometimes, yes—but rarely without preparation.

A recorded statement may be appropriate when:

• Liability is clear
• Injuries are fully known and documented
• You understand the purpose and scope
• You’ve received legal guidance

What matters most is timing. Early statements often do more harm than good.

What You Can Say Instead

If contacted by the other driver’s insurer, it is reasonable to respond with something like:

“I’m not comfortable giving a recorded statement at this time.” Often, injured parties are provided pain medication or feel drowsy and not 100% sharp-minded. Definitely let the adjuster know and that you will need to wait to give a statement.

This is not an admission of fault, nor does it violate Kansas law.

You can still provide basic information—such as your contact details—without giving a recorded interview.

The Bottom Line

In Kansas, you are usually not required to give a recorded statement to the at-fault driver’s insurance company, and doing so prematurely can damage your claim.

Insurance adjusters are trained professionals with one goal: minimizing payouts. You are not required to help them do that.

If you’re unsure whether to give a recorded statement—especially early in the process—it’s often best to pause, gather information, and understand your rights before speaking on the record. We can help you and clarify what you need to do.

When it comes to protecting a Kansas car accident claim, what you don’t say too soon can be just as important as what you say later.

If you or a loved one has been injured and have questions about your rights, you don’t have to navigate the process alone. Brian Pistotnik, Brian Collignon, and John Pistotnik bring more than 70 years of combined experience handling personal injury cases and advocating for injured clients. Our firm is committed to providing clear guidance, honest answers, and aggressive representation. Contact us to discuss your accident and learn how we can help you get the justice you deserve.

At Brian and Brian Pistotnik Law, your trusted car accident lawyers near Wichita, we know your first meeting with a lawyer can feel daunting. To help ease your mind, we’ve outlined what you can expect and how to prepare for this crucial step in your recovery.  

Why Consult a Car Accident Lawyer?  

After a car accident, there are often many layers — medical bills, lost wages, insurance policies, pain and suffering, and possibly even emotional trauma. A skilled car accident lawyer helps untangle all of these complexities, providing a clear path forward to help you regain control.  

Our role is to represent your best interests, deal with the tactics of insurance companies, and advocate for the maximum compensation you are entitled to under the law.  

Preparing for Your First Meeting  

To make the most of your initial consultation, it’s a good idea to come prepared. Here’s what to gather and bring along:

• Accident Report: If you filed a police report at the scene, bring a copy. If you don’t have it, we will get a copy for you. 
• Photos or Videos: Images of the accident scene, vehicle damage, or any visible injuries can help establish the facts.
• Medical Records: Bring the names of your healthcare providers or hospitals of any treatments for injuries incurred from the accident.  We will gather the medical records and bills, so you don’t have to. 
• Insurance Information: Include copies of your insurance policy and any correspondence with your insurer since the accident. Bring the name of the other driver/s and their insurer/s.
• Contact Details of Witnesses: If anyone witnessed the accident, their statements could strengthen your case.  
• Video: Look around the accident scene to see if any nearby businesses may have video of your collision.  We will work on getting that video.

Having these documents and information on hand allows your lawyer to better assess your situation right from the start.  

What Happens During Your First Meeting?  

During the meeting, your lawyer will listen carefully to your account of the accident and discuss your concerns. This is an opportunity for them to understand:

• What happened during the accident  
• The severity of your physical injuries and emotional distress  
• The financial losses you’ve suffered, including medical bills and lost income  

Next, your lawyer will explain the legal process step by step, outlining possible strategies for your case. At Brian and Brian, we pride ourselves on providing clear, jargon-free guidance, ensuring you feel confident and informed every step of the way.  

At Brian and Brian, you get help from an attorney, not a case intake person or case manager. These job titles are for people working at “mill” injury firms where the lawyers are too lazy to even take the time to get to know you. They have so many clients that the attorneys don’t even know who you are. If you hear these titles, find a different law firm.

The Lawyer’s Role: What to Expect Moving Forward  

Once you hire a car accident lawyer, they become your advocate, shouldering the legal burdens so you can focus on healing. Here are some key areas they’ll handle for you:

• Investigation: Gather evidence and consult with experts to strengthen your claim.  
• Negotiation: Dealing with insurance companies to secure a fair settlement, so you don’t have to.  
• Litigation (if needed): Representing you in court if a settlement cannot be reached.  
• Handling the insurance companies:  When you are in a wreck, there are at least two insurance companies to deal with, sometimes more.  Each insurance company has multiple adjusters handling different aspects of the claim.  There is a “liability” adjuster figuring out fault. There is a “PIP” adjuster handling no-fault benefits. There is a “bodily injury” adjuster trying to limit what they will pay you or trying to low ball your settlement for your injury. There is a “property damage” adjuster only involved in handling your vehicle damages. We handle dealing with all these multiple phone calls, and we PROTECT you while providing them with information. 

Your lawyer will also help set realistic expectations about the timeline for your case, as legal proceedings can take time, depending on the complexity.

How to Choose the Right Car Accident Lawyer in Wichita  

Finding a lawyer who is experienced, compassionate, and well-versed in local laws is critical. When selecting a legal representative, ask questions such as:

• How long have you been practicing personal injury law?  
• Have you handled similar car accident cases in Wichita?  
• What is your success rate with cases like mine?  

At Brian and Brian, we bring over 70 years of combined experience and a proven track record of helping clients across Kansas secure fair compensation after accidents.  

Take the First Step Toward Justice  

Your well-being and peace of mind matter, and you deserve strong legal support during this challenging time. If you or someone you know has been in a car accident, don’t wait to seek the guidance you deserve. Contact Brian and Brian today, your trusted car accident lawyers near Wichita.  

Schedule your free consultation by sending us a message online or calling us at 316-800-8000! Protect your rights and take the first step toward securing the compensation you deserve. Time is of the essence — reach out to us now.

There is no greater pain than grieving the loss of a loved one. This can be especially jarring when this loss is a result of someone else’s negligence. If another’s actions or inaction have directly caused the wrongful death of your loved one, you may be eligible to sue for damages and suffering. Do you know if this accident calls for the aid of a wrongful death lawyer? Brian & Brian Pistotnik Law Offices can help you better understand this type of lawsuit and if you should partner with a wrongful death lawyer near Derby.

What Qualifies as a Wrongful Death Claim?

Losing a loved one through a negligent act leaves you with more than just grief. This accident may take away a partner, parent, or child. Not only must you cope with their absence, but you also face emotional and financial loss after their death. Hospital bills, medical treatment, the loss of a second income, and funeral expenses are all examples of expenses that may be left on the surviving partner’s shoulders. Your emotional suffering has value, as well. You have lost a companion or caregiver and must struggle with the emotional weight of their passing.

If you have lost a loved one due to the legal fault of someone else, you have the right to pursue a wrongful death lawsuit. A wrongful death lawyer near Derby, such as Pistotnik Law, can help individuals value their claim and take the appropriate legal measures for compensation. But what exactly qualifies as a valid wrongful death claim? Common examples of wrongful death lawsuits include:

• Pursuing a drunk driver who caused a fatal collision
• Filing a claim against a medical worker whose malpractice caused a loved one’s death
• Seeking legal action against a company whose lack of employee training led to a lethal onsite accident

These are just a few examples of wrongful death lawsuits. If you believe you have a valid claim, contact a wrongful death lawyer to get started today.

How Does a Wrongful Death Lawsuit Work?

After determining that you can file a wrongful death claim, it’s time to speak to a lawyer. Your wrongful death lawyer understands the intricacies surrounding this type of claim as well as your statute of limitations. This statute indicates the timeframe in which you must file your claim, which in Kansas is limited to two years following the death of your loved one. A wrongful death lawsuit can help recover damages which, according to K.S.A. 60-1904, include:

• Loss of parental, marital, or filial care
• Loss of companionship
• Mental anguish
• And funeral expenses

Where Do I Start?

If you have experienced a wrongful death, begin by contacting a lawyer to discuss the details of the accident. Bring any documents that are appropriate to the case, including death certificates, photographs of the accident or injuries, medical records, witness statements, and pay stubs. These items act as essential evidence when building your claim, and they can assist your wrongful death lawyer as they determine a monetary value for your settlement.

While you can pursue your claim on your own, having the support and guidance of an experienced wrongful death lawyer can help improve your chances of reaching the settlement you deserve. After losing your loved one to negligence, don’t wait to seek the legal help and representation you need. Reach out to Pistotnik Law Offices as soon as possible.

Partner With an Experienced Wrongful Death Lawyer Near Derby

Grieving the loss of a loved one is never easy. As you pursue your claim, please know that we are here to support you as you navigate your grief. Not only are we dedicated to providing you with passionate legal representation, but we are here to help take the stress from your shoulders as you and your loved ones adjust to this absence. 
Your loss is great, and you deserve justice for the irreparable damage this act of negligence has caused. Speak with a wrongful death lawyer near Derby at 316-689-8035 or send us a message to schedule a consultation.

At Brian & Brian Pistotnik Law Offices in Wichita, you can find the highest quality defense for your personal injury claim. Our attorneys fight diligently for the results you deserve while making sure you receive the support and communication you need to understand your case. But these are not the only benefits that you will find by choosing to work with our Wichita attorneys. Here’s what you can expect from our experienced trial lawyers.

1. We Fight For the Justice You Deserve

If you have suffered a personal injury at the hands of another, whether intentional or unintentional, you deserve fair compensation for your expenses. This can include medical bills, repair costs, or a monetary amount for the emotional toils experienced. But unfortunately, this requires the accountability of the guilty party and their insurance companies. The lawyers at Pistotnik Law in Wichita are well-versed in defending cases of personal injury and communicating with insurance companies to help you receive the highest payment possible. 

2. Our Attorneys Are Dedicated to Accessibility

When you contact our attorneys, you deserve to communicate with us directly. Pistotnik Law Offices make sure that you are connected directly to Brian Pistotnik and Brian Collignon in Wichita. Speak with us face to face or over the phone. We know that constant contact throughout the duration of your claim may be necessary. This is why we are ready to answer your questions, no matter the time of day. Our attorneys are available 24/7 to assist.

3. We Support Not Only Our Clients But Our Community, Too

Our professionals at Pistotnik Law don’t just aid in personal injury cases, but we also serve our local community in Wichita! We are dedicated to giving back to our city. We bring the same passion for helping those affected by personal injury cases into community involvement. We support charities including the YMCA Bowl-A-Thon and local programs such as the Jeff Hill Future All-American Basketball Camp. And you can share your support, too! Contact us today to help give back to our community.

4. Pistotnik Law in Wichita Has Over Five Decades of Experience

Together, Brian Pistotnik and Brian Collignon bring over 50 years of combined experience in personal injury law to your aid. We have defended cases in a wide variety of practice areas resulting in numerous successful cases. You can trust in the quality of care that you will receive from our firm! With these decades of experience, we know how to help you achieve your maximum settlement. 

5. We Cover a Wide Range of Practice Areas

Personal injury cases can take many forms. Work with a law firm with experience fighting for claims like yours! At Brian & Brian Pistotnik Law Offices in Wichita, we have helped clients receive their maximum settlement following many different types of personal injuries. From car accidents and motorcycle wrecks to dog bite injuries and wrongful deaths, our lawyers are well-versed in complex matters of personal injury law. Get in touch with us today to tell us more details regarding your claim.

6. Our Firm Has a Track Record of Achieving Winning High-Cost Settlements

We are dedicated to helping you receive your maximum compensation for your case. At Pistotnik Law in Wichita, we have aided grieving families after a wrongful death, employees who were owed workers’ compensation, and more. In each of these cases, we navigated the difficulties of dealing with insurance agencies to get our clients the highest payout possible. View our case results to learn more about our successful settlements!

7. We Offer Free Consultations & a Satisfaction Guarantee

We know that finances may affect your decision to reach out to a personal injury lawyer. But with our satisfaction guarantee, we can alleviate your worry. While we cannot guarantee the outcome of your case, we can assure you that we do not require payment until you have a final settlement. With our contingency fee basis, you don’t have to pay upfront. And, we offer free, confidential consultations so that you can securely share information regarding your case before committing to our law firm.

8. We Handle the Legalities While You Focus On Recovery

A personal injury requires recovery, no matter how big or small. You may need time to focus on healing from physical trauma. Or, you may be grieving the loss of a loved one in wrongful death. While attending to the details of your claim is important, you also deserve the time to recuperate. Schedule a consultation with our attorneys to get your case rolling. Then, we can handle the logistics while you take care of your health.

9. Our Attorneys Deliver the Perfect Mix of Compassion and Aggressiveness

We know that recovering from loss or injury deserves sensitive care. And our attorneys at Pistotnik Law in Michigan are dedicated to supplying you with the support and compassion you need while going through such a difficult time. But when it comes to our approach for litigating your case, we aggressively take charge to help you receive the money you are owed. Let us defend your case, save you stress, and fight for your maximum settlement.

10. We Can Help You Understand the Complexities of Your Case

Filing a personal injury claim and taking on insurance companies for fair compensation can be a difficult process. But with the help of our experienced trial lawyers, you can ensure that all of the important case details and complexities are managed. And, we make sure that you understand all facets of your case every step of the way. Don’t lose valuable time or accept a small settlement! If you have suffered a personal injury, contact our professionals as soon as possible to discuss your next steps.

Contact Pistotnik Law In Wichita Today

Get in touch with us today for the help you need! Schedule your free consultation at Pistotnik Law Offices over the phone or through our website. Call us at 316-689-8035, or send us a message with initial details regarding your case. Our attorneys will be happy to meet with you to discuss further information.

Brian R. Collignon, Recognized

The Nation’s Top One Percent is dedicated to promoting the highest standards of legal excellence. At the time of the announcement, Brian R. Collignon was the only personal injury attorney in Wichita who appeared on television to be inducted as one of the Top Attorneys. According to the NADC, the research process it undertakes is incredibly selective and only an “elite few are invited to join the ranks of the NADC.” The recipients of the prestigious award “have demonstrated the highest ideals of the legal profession.”

This is just one of many recognitions that Brian has received over the years. He was also named one of the Top 100 Trial Lawyers by The National Trial Lawyers, selected for inclusion in The Best Lawyers in America, and has been a recipient of the Client Satisfaction Award from the American Institute of Personal Injury Attorneys.

Brian R. Collignon is your source for reconciliation through personal injury law. This ranges from nursing home malpractice to workers’ compensation and more. After receiving his Juris Doctor degree from Washburn University School of Law in 2000, he began his career as a defense attorney for personal injury law. Eight years later, he joined Pistotnik Law Offices where he continues to help countless victims find compensation following accidental injury. If you are seeking a personal injury lawyer in Wichita, Brian can proudly represent your case.

Your Personal Injury Attorney in Wichita

When you need representation following a motor vehicle injury, wrongful death, or trucking litigation, you deserve no less than the very best care available. Brian & Brian at Pistotnik Law in Wichita, Kansas helps you to maximize your case. We do so while offering you care and compassion throughout the entire process.

From personal injuries to wrongful deaths, Brian & Brian at Pistotnik Law is ready to help you find your rightful settlement. Our law office has over five decades of combined experience in helping clients attain the highest level of compensation possible. We take a personal approach to our representation with direct communication and accessibility. For those who have experienced injury or loss through automobile accidents or work-related trauma, our law firm is here to help you find the compensation and resolution that you deserve. Contact us today at 316-689-8035, or message us to schedule a free consultation.

Given the escalating costs of medical treatment, you should not assume that your medical bills will be less than $2,000. Rather, we encourage you to call us if you sustained any physical injury. Consultations are free and you deserve to know your rights. You should be looking for a personal injury attorney as soon as possible. The experts at Brian & Brian Pistotnik Law Offices want to shed some light about how a Wichita personal injury attorney can help you.

Get the Compensation You Deserve

Whether your personal injury case is settled out of court (which most are) or goes to trial, a good personal injury attorney will always try to get you the compensation you deserve. This is in part due to some personal injury attorneys working on a contingency fee basis. Typically in personal injury torts, the lawyer doesn’t recover fees for representing you unless you recover compensation from the at-fault party. 

There’s a great deal of time and energy that goes into getting you your maximum compensation. Most of this work is done by your personal injury attorney. From activities like investigation and discovery to talking and settling with insurance lawyers, a personal injury attorney isn’t done until you get the compensation you deserve.

Speed Up Your Personal Injury Case

When it comes to personal injury claims, the road to financial compensation can often be a long one. Without representation, insurance companies will take advantage of your situation. The longer your case takes to reach a resolution, the more you’ll have to spend out of your own pocket. Insurance companies know this. That’s why they often engage in tactics that stall your claim or prevent you from getting paid a fair amount. Hiring a personal injury lawyer can help expedite your personal injury case. And, it can help to ensure you won’t be taken advantage of.

Increase Your Settlement

Without representation, the chances of you reaching settlement are much lower. And even if you settle with an insurance company or third party, the amount settled for may be less than what you deserve. Personal injury attorneys have the knowledge and experience needed to maximize your settlement amount. 

A general rule for calculating pain and suffering is adding together actual damages. This could include things like medical bills, rehabilitation costs, property damage, and lost wages. Then there are certain multipliers depending on the severity of the injury. For example, traumatic injuries requiring surgery can have higher pain and suffering damages compared to a muscle strain injury. Having a knowledgeable and experienced attorney who knows the true value of a case can maximize your recovery.

Trust The Pistotnik Law Offices As Your Wichita Personal Injury Attorney

When your case needs to be heard, make sure to contact the best personal injury attorney in Wichita! With over 50 years of combined experience, the attorneys at Brian & Brian at Pistotnik Law know how to get the maximum results for their clients. Even if your case has been turned down by other attorneys, we will still take your case. That’s because Brian & Brian at Pistotnik Law believes that anyone who is injured deserves to have their rights fought for. That’s our Brian & Brian promise. So, if you’re looking for a personal injury attorney in Wichita or the surrounding areas, give us a call or contact us today!

What is My Motorcycle Accident Case Worth?

Motorcycle accidents often result in severe injuries. Even though only 4% of the vehicles on Kansas roadways are motorcycles, they account for being involved in at least 11% of all accidents. Statistics show that motorcyclists are 32% more likely to be killed in a collision than drivers of passenger vehicles.

The value of a case involving a motorcycle accident has much in common with a case involving a passenger vehicle accident in that the core elements are medical bills, economic loss, and noneconomic loss—or pain and suffering. How much a motorcycle accident case is worth will depend on those factors and others.

Where motorcycle accidents differ significantly from car accidents is when taking into account the comparative fault of the motorcyclist. This is where inexperienced motorcycle accident lawyers can damage a case. The dollar value of a case is reduced by the fault of the driver.

For example, if a jury awards $100,000 but a jury assigns 25% of the fault for causing the accident to the motorcyclist, the jury award is reduced by 25% to $75,000.

Before any rider ever gives a recorded statement to an insurance company, the rider should discuss the accidents with us by calling for a free consultation. A common insurance defense tactic is to blame the motorcyclist for causing the accident by asserting that the rider failed to meet his or her responsibilities.

The Kansas Motorcycle Operator Manual has multiple pages of safety tips and procedures that are used by the insurance companies to try to place blame on the rider. For example, there is a section titled “Know Your Responsibilities” which states “[a]s a rider you can’t be sure that other operators will see you or yield the right of way.” This arguably places a higher and sometimes unrealistic duty on riders. Furthermore, the Manual outlines multiple safety precautions that the motorcyclist needs to consider before giving a statement such as being visible, communicating your intentions, maintaining adequate space, scanning your path, identifying and separating hazards and being prepared to act.

Was it a No Fault Accident and What Does That Mean?

Many injury accident victims tell us in their initial free evaluation that the police officer or insurance company told them that Kansas is a no fault state. Often times this leads to incorrect conclusions that nobody was at fault for the accident and there is no case. That is not the meaning of “no-fault” and insurance adjusters intentionally confuse motorcycle accident victims when discussing the issue. It is improper to describe an accident as a no-fault accident. People involved in a crash can almost always assert some responsibility against the other driver for what takes place in an accident. As such, even if a no-fault claim is made, there is still a claim against the other driver and the at-fault insurance company.

Is Kansas a No Fault State?

Yes, Kansas is a no-fault state. According to the Insurance Institute, there are currently only 12 states that have mandatory no-fault laws as follows: Kansas, Florida, Hawaii, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.

Generally, no-fault means that regardless of the fact that you are not at fault for causing a motorcycle accident, the first place you look for payment of medical bills and other benefits is back on your own motorcycle insurance under a portion of it called Personal Injury Protection or PIP insurance. In Kansas, while PIP coverage is mandatory on all auto policies, it is not mandatory on all motorcycle policies. When applying for insurance, a motorcycle owner can elect to disclaim PIP coverage which will reduce the insurance rates.

PIP Insurance Coverage on a Motorcycle

While not mandatory, we highly recommend you get PIP coverage on your motorcycle policy. If you think about it, the only reason the insurance industry pushed the legislature to carve out and permit motorcyclists to disclaim or elect not to get PIP coverage is because motorcycle injuries are often very serious and the insurance industry doesn’t want to pay out on no-fault insurance. PIP includes benefits such as payment of medical expenses up to at least $4,500; payment of wage loss at 85% up to at least $900/month for one year; payment of essential services up to $25/day and funeral expenses. The at-fault insurance company will only pay one lump sum to close out and settle the case against the driver who caused the accident.

PIP allows the injured rider to obtain some financial help while treating and recovering from the accident and prevents having to settle early for less than the full value of the case. Even though the PIP insurance carrier gets paid back out of the settlement with the at-fault driver’s insurance, it is still beneficial to have PIP coverage.

Where to Find a Motorcycle Accident Attorney

There are several things to consider when searching for a motorcycle attorney. You can search Google for the best motorcycle accident attorney Wichita or add another city you are searching for such as Hutchinson, Garden City, Topeka, Kansas City, Lawrence or Salina. You should check out the Google reviews for those firms to see what other clients have said about their experience. Also, ask a friend or relative, “Do you know a personal injury attorney near me?” Personal injury lawyers are often known in your community and those close to you likely know one or have heard their names before.

If you would like to learn more about us or schedule a free consultation, contact us now.

Why You Should Hire a Personal Injury Attorney

Personal injury lawyers are trained professionals working on your side! We have knowledge and experience to protect you from the insurance company tactics. We can help you maximize your case value. We don’t charge any money upfront, so you can afford to get help without incurring any initial expense. Personal injury lawyers act as a barrier to the insurance company so that you don’t get taken advantage of.

How to Hire the Best Personal Injury Lawyer

With so many ads for attorneys it is a difficult task to find the best personal injury lawyer for you. When you have been injured or in an auto accident, truck wreck, motorcycle wreck, bike wreck, or struck as a pedestrian, you want sound advice fast so that you know what to do to handle property damage issues, personal injury protection issues, liability issues, and uninsured or underinsured motorist issues.

In addition:

• You want a reliable personal injury attorney with many years of experience and a proven track record of success.
• You want a hard-working personal injury attorney who you can talk to who is available and who responds to calls and emails.
• You want a personal injury attorney who is respected by the insurance companies and opposing attorneys.
• You want a personal injury attorney who has great reviews from prior clients and who prior clients refer their friends to.

Choose a Lawyer Who Practices Personal Injury Law Exclusively

Many lawyers handle multiple areas of practice and don’t have the specialized knowledge and experience to best handle your auto accident, truck wreck, motorcycle wreck, bike wreck, or pedestrian versus car wreck. Having a personal injury attorney that exclusively handles injury claims and injury cases will get you a better result due to the specialized training and experience and the knowledge that comes from decades of handling similar issues involved in hundreds of prior personal injury cases.

Be careful to get an actual lawyer instead of someone who hands you off to a case manager or prior insurance adjuster. Be careful also to get the lawyer with experience instead of getting handed down to an attorney with just a few years of experience.

Select an Attorney with a Proven History of Winning Settlements

at Pistotnik Law, there is a proven history of winning settlements on auto accident cases, truck wreck cases, motorcycle wreck cases, bike wreck cases, and pedestrian cases. Brian Pistotnik has 31 years of proven history of winning settlements and Brian Collignon has 18 years of proven history of winning settlements. Each and every year hundreds of injury victims get paid due to this winning history. There are very few personal injury lawyers in Wichita or Kansas with the successful track record of the TWO BRIANS. Experience pays!

Hire a Lawyer Who Is a Member of Local/National Trial Lawyer Associations

Brian Pistotnik and Brian Collignon are proud members of the Kansas Trial Lawyers Association and have been recognized by the National Trial Lawyers Association as “Top 100 Trial Lawyers” and recognized by the American Institute of Personal Injury Attorneys as “10 Best Attorneys”. They are also members of the Wichita Bar Association, and both have received many other accolades and recognition’s including “Client Distinction Award,” “Best Attorneys in Kansas,” and “Best Lawyer” from other organizations. Get a personal injury lawyer with a great reputation!

Check Your Personal Injury Attorney’s Reviews

Your personal injury attorney has been reviewed on the internet. Some attorney’s websites have client reviews. Reviews can be seen on Google, Facebook, Yelp, Avvo, Yahoo, and many other online locations. Brian and Brian have some of the best reviews for personal injury lawyers in Wichita and in Kansas. The excellent five star reviews for Brian and Brian confirm a great reputation amongst prior clients and their experience and great reputation amongst past personal injury clients that have received quality legal services on their auto accident cases, truck wreck cases, motorcycle wreck cases, bike wreck cases, and pedestrian cases.

Find a Personal Injury Lawyer with Trial Experience

It is amazing how many attorneys claiming to be personal injury lawyers have little to no trial experience. The largest personal injury law firm in Kansas, whose identity won’t be disclosed, has more than several lawyers who have little to no trial experience. The other largest advertising firm in Wichita has lawyers working on cases who have never won a personal injury trial. Worse yet, many clients at other personal injury firms have their cases handled by “case managers” who don’t even have the ability to act as a lawyer. They are overseen by lawyers who have almost no real knowledge of the details and intricate facts of the injured person’s case. Brian Pistotnik and Brian Collignon have years of real trial experience! We know our clients and know how the details and intricate facts of each case will affect those cases.

Contact the Best Personal Injury Lawyers in Wichita

Brian and Brian are the best personal injury lawyers in Wichita for your case if you are wanting an experienced lawyer that exclusively handles personal injury cases, if you are wanting a lawyer with a proven history of winning settlements, if you are wanting a reputable reliable attorney who is connected with the trial lawyers’ associations, if you are wanting a five star reviewed attorney that prior clients’ recommend.

Contact us today!

Signs and symptoms generally show up soon after the injury. However, you may not know how serious the injury is at first and some symptoms may not show up for hours or days. For example, in the first few minutes, you might be a little confused or a bit dazed, but a couple hours later you might not be able to remember how you got hurt. Most medical providers recommend that you should continue to check for signs of concussion for a few days after the injury. If your concussion signs or symptoms get worse, you should consult with a physician or go to the emergency department right away.

The following is a list of concussion signs and symptoms to watch for if your loved one is involved in a motor vehicle accident:

• Can’t recall events prior to or after a motor vehicle accident
• Appears dazed or stunned
• Forgets an instruction, is confused about an assignment or position, or is unsure of what to do
• Moves clumsily
• Answers questions slowly
• Loses consciousness (even briefly)
• Shows mood, behavior, or personality changes
• Headache or “pressure” in head
• Nausea or vomiting
• Balance problems
• Dizziness
• Double or blurry vision
• Bothered by light or noise
• Feeling sluggish, hazy, foggy, or groggy
• Confusion, or concentration or memory problems
• Just not “feeling right,” or “feeling down”

A person with a severe brain injury will need to be hospitalized and may have long-term problems affecting things such as:

• Thinking
• Memory
• Learning
• Coordination and balance
• Speech, hearing or vision
• Emotions

Rest is very important after a concussion because it helps the brain heal. You may need to limit activities while recovering from a concussion and you should talk to your doctor about whether you should return to work. If not, be sure to have your doctor give you something in writing excusing you from work or the insurance company will deny that you should have missed it.

Physical activities or activities that involve a lot of concentration, such as studying, working on the computer, or reading may cause concussion symptoms (such as headache or tiredness) to come back or get worse. After a concussion, physical and cognitive activities—such as concentration and learning—should be carefully watched by a medical provider.

Many injury victims have concussion symptoms that last weeks to months after the injury, their medical provider may talk to you about post-concussive syndrome. Post-concussive syndrome is believed to occur most commonly in patients with a history of multiple concussions.

Here are some more things you should keep in mind about brain injuries: 

• There are many people who can help you and your family as you recover. You do not have to do it alone. Keep talking with your medical provider, family members, and loved ones about how you are feeling. If you do not think your loved one is getting better, tell your medical provider.
• While many people with a concussion feel better within a couple of months, some will have symptoms for much longer. Talk with your health care provider if concussion symptoms do not go away or if they get worse after they return to your regular activities.
• A severe brain injury can affect all aspects of people’s lives, including relationships with family and friends, as well as their ability to work or be employed, do household chores, drive, and/or do other normal daily activities.

If you’ve suffered a concussion or brain injury in an accident, be sure to talk to your attorney about the problems you have experienced. The law entitles injury victims to compensation for all aspects of these types of injuries.

Contact us today for more information. 

Generally, there are three different cases when involved in a collision. First is property damage, second are PIP (personal injury protection) benefits, and third is the bodily injury liability case. Sometimes there is a fourth case for underinsured motorist coverage.  

The personal injury claim is often the most important case and the goal is to avoid doing something that will defeat the case. 

Examples of mistakes include:

• giving a recorded statement to the insurance company
• failing to seek treatment when hurt
• seeking short term treatment and stopping
• going to the wrong health care providers

Personal Injury Claims

The personal injury case is where you can financially recover for your “noneconomic” losses. Your life has been disrupted and you have been physically hurt due to no fault of your own and you deserve to be paid for that disruption including pain and suffering, mental anguish, inconvenience, disability, disfigurement, and loss of time. In Wichita and in Kansas, when injured in a car wreck, you have a right to recover for your past medical bills, your future medical bills (if supported by the doctors), your past wage loss, your future wage loss (if supported by the doctors), and the past and future noneconomic losses commonly known as pain and suffering. The only exceptions are if your injury is so minor that your bills don’t reach $2000, or if you failed to maintain auto insurance on your vehicle (and can’t find an exception to the Kansas No Pay No Play laws).

Property Damage Claims

The property damage case is to either fix your vehicle if repairs are less than the value of your vehicle or to pay you the fair market value of your vehicle (also known as actual cash value) plus sales tax and transfer of title fees. If your vehicle was towed to a tow lot, it is important to get the vehicle moved by the insurance company to an insurance lot quickly to avoid storage fees. You may be eligible for a rental car, but they don’t pay for insurance on the rental and usually want the rental returned shortly after they make you an offer on your vehicle. Remember they are supposed to value your vehicle retail, not wholesale. If your vehicle is fixed, sometimes the value of your vehicle goes down due to the fact is has been wrecked. You may be eligible for a separate settlement on the property damage for the “diminished value” of your vehicle due to the wreck. Usually property damage claims should be resolved within a week or two following the collision.

PIP Benefit Claims

The personal injury protection benefit claim is part of Kansas no-fault laws. The purpose is to get injury victims some compensation upfront. These benefits come from your own vehicle insurer, or if not an owner, from the vehicle you were in at the time of the collision. Your insurer will pay the initial medical bills, up to your coverage limits, will pay your wage loss while off work, up to your coverage limits, and sometimes people also get additional benefits for occupational therapy, and for paying others to do their chores which can no longer be performed due to the injury.

Other Cases

The fourth possible case really depends upon how badly you were hurt. In Kansas, our state law only requires $25,000 of coverage for a bodily injury liability claim. Fortunately, a lot of people purchase better coverage than just the minimum. In the unfortunate case that the negligent party only has the minimum coverage, then you look to your own coverage. If your underinsured motorist coverage is higher than the person who caused the wreck, then you make a claim against your own insurer. You look for coverage first through the vehicle you were in, second against your own personal vehicle (if not in your vehicle at the time of the collision), and third through any auto insurance policy for any vehicle in your household (as long as the auto belongs to a relative). Your damages have to be valued high enough to get to this type of coverage. With the cost of medical care, sometimes, it doesn’t take a lot of treatment to get to a high value.

We understand that auto accident claims can be complicated. If you have any questions or would like to hire a car accident lawyer, contact us today. 

Our accident law firm has helped many injured victims of distracted driving. In doing so, we have helped our clients send a message that together we will not tolerate this form of careless driving.

The Dangers of Distracted Driving

At Brian and Brian at Pistotnik Law, we routinely meet with new clients who have had their lives forever impacted by negligent drivers who are distracted by their cell phones. 

Recently, I met with a new client who indicated that after her vehicle was rear-ended at a stop sign—she looked in her rearview mirror and saw the other driver with his cell phone up to his ear. In fact, the other driver proceeded to get out of his vehicle and continued to talk to the other person on the call. My client is fortunate to be alive and all this reckless driver cared about was keeping his conversation going. Needless to say, I look forward to my opportunity to utilize this information to expose the at-fault driver and his complete disregard for the safety of others to the insurance company. Should they refuse to settle, I am confident that a jury will send the driver and the insurance company a message that this recklessness is not tolerated on Kansas roadways.

How We Can Prove Fault in a Car Accident Case

With the proper lawyer, car or truck accidents caused by cell phone usage can have a higher value. Generally, distracted driver victims have a claim for the typical negligence related damages of past and future (1) medical expenses; (2) economic or wage loss; and (3) noneconomic loss or pain and suffering. 

In addition, these clients also have the right to assert a claim for punitive damages.  To do so, we have the burden to prove, by clear and convincing evidence, that the at-fault driver acted with willful or wanton conduct.  What is “wanton conduct”?  It is legally defined as an act performed with a realization of the imminence of danger and a reckless disregard or complete indifference to the probable consequences of the act. In plain language, this means that we must convince the jury that in using a cell phone while driving, the other driver knew or should have known he or she was creating a dangerous condition and he or she was indifferent to the fact that he or she could cause an accident.

How do you prove the other driver was actually using his or her cell phone at the time of the accident? There are several tactics we utilize. 

For example, my new client’s recollection of actually seeing the at-fault driver with his cell phone up to his ear shortly after impact will be of tremendous help. The other driver; however, will typically lie and say that he grabbed his cell phone right after the accident to make a call about having been in the car wreck. This can actually help the case as we will expose the driver for the liar he is to the jury. The information about all phone calls can be obtained through a subpoena served upon the driver’s cell phone provider, such as Verizon, AT&T, Cricket, Sprint, and T-Mobile. Once the records have been obtained and the at-fault driver’s testimony has been locked in via deposition, the phone calls can be matched against the time that the accident occurred to prove that the other driver was on his phone before the accident happened. This will help us meet our burden to prove the driver’s wanton conduct.

If you have been injured by a driver distracted by a cell phone, be sure to hire an accident attorney who knows how to get the evidence you need to get you fully compensated.

Going to trial has its pros and cons.

Pros:

• You get your day in court and get factual determinations on fault and damages. Even if you lose, you have pursued your case about as far as possible and you now know what 12 jurors think about the evidence. There is some satisfaction in actually going all the way to see what a jury thinks.
• You have the possibility of getting more than what has been offered, if offers have been made. There are very few “run away” verdicts where you get everything you ask for, but some people benefit by going to trial and turning down a bad offer from an insurance company and actually gain monetarily.
• You can make a statement to the public about the wrongdoing of the negligent party. Once in a while, you even get publicity (though this is not often the case).
• You get to see and participate in the American civil justice system. Going all the way to trial is a great learning experience on how the jurisprudence system works.

Cons:

• You take the risk of losing, either on fault or getting a low damage award.
• It is expensive to go all the way to trial, and your lawyer will deduct the expense that is incurred to go to trial. Some expert witnesses or treating physicians can charge thousands to show up to testify.
• It takes a long time to get to trial. After filing the lawsuit, you are generally looking at a minimum of 9 months to get to trial, and sometimes much longer. You lose the time value of money and if you had settled earlier, you potentially could have put your money to good use.
• Trial takes great effort. To win, you have to work hard including preparation at each stage of the litigation. If you don’t work hard preparing, your chances of success are greatly decreased.
• There is always uncertainty regarding what the jury will do and think.

The decision on whether or not to go to trial needs to be based on solid legal advice from an experienced, reputable attorney who has high morals and integrity. If you do not wish to go to trial, don’t worry, as we can help you get a fair settlement without the intimidation and uncertainty of having to litigate. However, we will go to trial if that is in your best interests! We have years of experience to help you maximize your case value either way.

Call Brian and Brian at Pistotnik Law to discuss what is right for you and your case.

Brian and Brian at Pistotnik Law are the absolute right choice. 

Why? 

Brian Pistotnik has been successfully helping injury victims in auto accidents since 1987. Brian speaks to you personally without sending you off to a legal secretary or staff. Other lawyers have paralegals or even former insurance adjusters that spend time talking to clients, and other lawyers may only talk to you if you have the “big case”. Not Brian Pistotnik. He treats every client, regardless of case value, with respect and he takes the time to make the client feel welcome and to make sure they understand the process of pursuing a car wreck claim. 

Brian Pistotnik has successfully handled hundreds of cases each year for 28 years. The ability to properly handle a case requires not only years of experience, but a clear understanding of the facts of each case and an understanding of the client’s damages is essential for a full recovery of damages. If the attorney doesn’t talk to you or know what you are going through, the attorney can’t adequately relay what your case is all about to the insurance company or to a jury. If you only talk with staff, the attorney won’t know what your case is really about. Brian Pistotnik will give you the time and dedication necessary to handle your case. He cares about his clients and their cases.

Brian Collignon has handled injury cases for 15 years and also has the knowledge, honesty, and integrity to properly handle any large or small case. He knows the insurance companies’ tactics and tricks. He has the common sense, intelligence, and logic to deserve respect from insurance companies and opposing lawyers so that they know “We mean business!”

Brian and Brian are extremely hard working and are willing to make arrangements to help with your car wreck case, no matter how busy your schedule.  We can come see you in person, we can take on cases by telephone, or we can meet you at the hospital or in person at our offices at 311 S. Hillside in Wichita. We are willing to travel anywhere in Kansas to take on your case and to provide FREE consultations. We are eager to help with your case. We are smart and aggressive.

Call for a free consultation. THERE IS NO MONEY REQUIRED UPFRONT. Even if other lawyers have turned your case down, give us a try! You will be happy you did!

If you have lost a loved one due to someone else’s fault, you need legal help to make sure you receive fair compensation. There is nothing worse than having to talk to insurance companies while you are still bereaving your loss. Brian and Brian at Pistotnik Law have decades of experience handling these cases and we can help you too! Read on to learn about these cases.

Wrongful Death vs Survival Claim Cases

“Wrongful death” is just one type of case when a person is lost due to someone else’s negligence. The other type of case is known as a “survival claim”, and this type of claim is pursued by the probate estate for the deceased to recover for the deceased’s medical bills, conscious pain and suffering, wage loss prior to death. The estate pursues these claims, stepping into the shoes of the deceased to get a recovery for the heirs.

Kansas Wrongful Death Laws

“Wrongful death” claims were created by Kansas statutes, under K.S.A. 60-1901 and the following statutes, and are meant to provide an actionable case to the “legal heirs” of the deceased. The first question is who are the “legal heirs”? This depends on marital status, and whether or not there are children. For a child, or an unmarried adult without children, the heirs are normally the parents. For a married adult without children, the heir is the spouse. For a married adult with children, the heirs are the spouse and the children. For a single adult with children, the heirs are the children. The most unfortunate aspect of this law is that the parents are not heirs when their child is married or has children. This is true even when their child is relatively young, or even still living at home or dependent upon the parents.

The damages recoverable for wrongful death pursuant to K.S.A. 60-1904 include:

• mental anguish
• suffering or bereavement
• loss of society, companionship, comfort or protection
• loss of marital care, attention, advice or counsel
• loss of filial care or attention
• loss of parental care, training, guidance or education
• reasonable funeral expenses

Pecuniary losses (actual out of pocket losses) are also recoverable for lost income, medical bills, and expenses for the care of the deceased caused by the injury. Nonpecuniary losses (abstract damages other than out of pocket losses like bereavement or mental anguish) are capped by law and the limit has been $250,000. These caps don’t apply to economic losses.

There are legal ways to get around the cap and these damages are known as Wentling damages. When a loved one is lost, the heirs lose the value of the deceased’s services. This can be quantified by experts. In other words, what was the economic value of having that person clean, cook, care for family, and other work around the family home? 

Brian & Brian at Pistotnik Law has the experience, resources, and reputation to help you maximize your case. Brian and Brian are available to help you too! Contact us today.

Damages

The calculation of damages really involves adding up each type of damage: past medical expenses, future medical expenses, past wage loss or other economic loss, future wage loss or economic loss, and past and future noneconomic losses. Each element of damage requires proof and is scrutinized by insurance companies. In Kansas the burden of proving damages requires proof the damage was caused and related to the collision and the burden of proof is on the injured person. If you can’t prove it, you lose.

Medical Bills

Regarding medical bills, a few years back the Kansas Supreme Court issued a decision known as Martinez, which greatly reduced an injured person’s claim for medical bills when the medical bills have been paid by health insurance, Medicaid or Medicare, or when the medical bills get “written off”. A common defense to the claim for medical bills is for the introduction of evidence regarding how much of the bills won’t have to be paid due to these write-offs. Sometimes as much as 90% of the bills don’t have to get paid, and that can cost the injured person 90% of the value of the gross medical bills. An injured person can put on evidence of the full bills while the defense shows the jury the write-offs and the jury has a question of fact to decide: Do we pay the full bills or just the bills really owed after write-offs? The unfairness of this law is it allows a negligent person who injures someone to benefit from the write-offs, which often are a result of payments made by the injured person to buy health insurance. Why should the negligent person, sometimes a drunk driver or person texting on a cell phone, get this benefit?

Wage Loss

Proof of wage loss generally requires a physician or healthcare provider to give a written “off work” note to confirm dates of absences from work as well as proof from the employer as to the exact amount lost.

Proof of future wage loss can involve hiring experts. Experts such as vocational specialists can quantify how permanent restrictions will prevent the injured person from certain career opportunities and show how the injured person may have difficulty finding employment. Experts such as economists or accountants can total up these future losses.

Pain & Suffering

The most difficult damages to quantify are the past and future noneconomic losses. These losses involve the injured person and friends and family describing what that person went through or what that person deals with on an ongoing basis due to the injury. These damages are commonly referred to as pain and suffering, accompanying mental anguish, disability, disfigurement, and many other terms like inconvenience or loss of enjoyment of life. Obviously the worse the injury, the more these damages are worth.

In the old days, insurance companies would pay 2 to 5 times the “specials” for these damages. The specials were the out of pocket losses including medical bills or wage loss. Currently, insurance companies rarely use this type of analysis. The insurance companies now look at all kinds of things, even unexpected issues, like credit ratings/reports, criminal records, prior claims history, and, of course, they review medical records to see what the doctor’s note said as to how bad the injury was.

To figure out value, you have to add up each category of damage, and if comparative fault is involved, the damages are reduced by the injured person’s fault.

This post is highly summarized and there is a lot more that goes into valuing the case—like whether the injured person will make a good appearance in front of a jury. 

Call us and we would be happy to give you our thoughts on the value of your case! 

Your Posts on Social Media Can Negatively Impact Your Case

When you are pursuing a claim to seek a fair recovery for your damages after an injury in a car wreck, it is the job of the insurance company and their lawyers to find evidence to minimize your injuries. Insurance companies and their lawyers will do a thorough investigation of your background. This includes trying to get old medical records and employment records, but more importantly, they can use your own posts on social media to try to contradict your claim regarding injuries.

Social media posts can describe your activity level after a car wreck. Posts with photographs and videos can show you partook in physical activity after a car wreck. These posts can be very detrimental to your case. The activity that is either described or shown on these posts can be used by the defense to try to make it appear you are not as injured as you are claiming.

Posting on Social Media Can Negatively Impact Your Claim for Pain & Suffering

When you are injured in a car wreck, you have a claim for non-economic losses. Non-economic loss includes pain and suffering, mental anguish, disfigurement, disability, inconvenience, loss of enjoyment of life, and loss of consortium. It is common to experience depression and anxiety when your life changes as a result of your injury.

When most people put posts on Facebook, Twitter, or other social media, they typically try to think about how the post portrays them in the public eye. Most people try to show positive aspects of their lives instead of focusing on how an injury might be affecting them. As an example, most people try to smile when posting pictures. Most people try to portray themselves as having fun when posting. These postings portray your life typically in a positive manner. Insurance companies and their lawyers typically try to use these positive posts to prove that you are not really having any pain or suffering related to your injuries from the car wreck.

How Do I Handle Social Media While Pursuing a Personal Injury Case?

If you have been injured in a car wreck, just remember that the more information that the insurance company or their lawyers gather on you, the less likely you are to be successful while pursuing your case. To make sure social media does not negatively impact your injury claim, it is highly recommended to stop all social media postings following a car wreck. You need to make sure that all of your social media accounts are restricted to the highest privacy setting so that the insurance company and defense lawyers cannot access them. However, please remember during a lawsuit, they may still be able to access your private postings. It is never a good idea to accept a new friend or follow request without knowing who they are. If you accept a friend request from a paralegal working for the defense lawyer on your case, they will certainly access all of your information from your posts. During the litigation of your case, you may be required to disclose your account information, including passwords, so just remember to be careful how you handle your social media activity.

Contact an Experienced Auto Accident Attorney

Please remember an injury attorney is there to help you maximize the value of your case and prevent your case from being hurt by insurance company tactics. The attorneys at Brian and Brian at Pistotnik Law have over 47 years of experience helping injury victims and we have recovered in excess of $100,000,000 in recent years.

No Fault Does Not Mean No Case

In the U.S., there are 12 states that have no fault insurance laws when it comes to car wrecks. Kansas is a no fault state. These laws are intended to require a person’s own auto insurer to provide very basic benefits to anyone injured in a car wreck.

However, just because you may live in a no fault state does not mean you don’t have a case against someone else when their negligence causes you to be injured. The no fault laws are intended to stop people from having cases when their injuries are minimal.

In Kansas, this means if your medical bills are less than $2000 and you don’t have a fracture, scarring, or permanency to the injury, you cannot recover for pain and suffering. Most people that go to an emergency room or see a doctor more than a few times do qualify as being able to have a case against the negligent driver. You should discuss your situation with a personal injury attorney.

What Are No Fault Benefits?

The benefits under Kansas laws are known as Personal Injury Protection Benefits, but when talking to the insurance companies, these benefits are commonly known as PIP benefits and are handled by a “PIP adjuster.” When you own a vehicle in Kansas, your personal auto insurer is required to provide these benefits to you if you are injured in a wreck or injured in any fashion while using your vehicle (like getting hurt while exiting your vehicle). The benefits include a minimum of $4500 that can be used to pay medical bills arising from the wreck. The benefits include coverage for wage loss, with a minimum coverage of $900 per month calculated at 85% of pre-tax wage loss. Other less used benefits include an additional $4500 towards occupational therapy and essential services where your insurance company reimburses up to $25/day if you are paying others to help with your chores due to the injury.

Wrongful Death No Fault Benefits

The PIP benefits when someone dies related to a wreck include reimbursement of a minimum of $2000 towards funeral expenses and wage loss reimbursement known as survivors benefits, which pays the dependents a minimum of $900/month up to one year based on 85% of lost earnings of the deceased. If there are medical expenses, the $4500 of medical coverage is available. If the person survives for a time period prior to death, there are wage loss benefits.

Which Insurance Company Provides These Benefits?

If you are a titled owner of a vehicle, the benefits come from your own insurance company, even if your vehicle was not involved in the wreck. If you are not a titled owner, the benefits come from the vehicle you were riding in as a passenger. However, you may also be eligible for these benefits through any relative you resided with on the date of the accident through the relative’s auto insurer. If you don’t own a vehicle, if the vehicle you were in was uninsured, or if you don’t live with a relative, the State of Kansas has the Kansas Auto Assigned Claims Plan which provides benefits through the state. If you were a pedestrian struck by a car, and you don’t own a car, the insurer of the vehicle that struck you would provide you with benefits.

When I Get a Settlement, Do I Have to Pay My Own Insurance Back for the PIP Benefits?

The normal injury case settlement does require these PIP benefits to get reimbursed to your insurance company when you are getting paid for your damages in full. However, your insurer has to pay their share of attorney fees. The reasoning for the right of reimbursement is that if you collected for medical bills and wage loss from your own insurer and then collected again for these same damages from the negligent person’s insurer, you would be getting a double recovery and the law doesn’t favor a person getting paid twice for the same damages.

The PIP subrogation lien (right of reimbursement) can be waived and you don’t have to pay them back if your damages is higher than what you are getting from the negligent person’s insurer. In other words, if you get a policy limits offer and your damages are more than the coverage, it is common not to have to pay back your own insurer.

Contact Brian & Brian at Pistotnik Law today to speak with an auto accident attorney. 

You should be aware that any guarantee of “no fee” is always qualified by language to indicate that the fee doesn’t get paid until there is a verdict or settlement in your case. In addition, the accident attorney will be reimbursed for any expenses.

Having a clear picture of how the attorney fees and expenses are deducted from any settlement will allow you to better understand the negotiation process when it is time to settle your case.

Accident Attorney Fee Options

The vast majority of personal injury attorneys in Kansas work on a contingency fee basis. It is also possible to hire an attorney to work on your case on an hourly fee basis. This is what the insurance company typically does if your case ends up in litigation as the defense attorney gets paid by the hour. Unfortunately, some insurance defense attorneys take advantage of this which can prolong litigation for many months so they can bill more hours. Because of concerns about an attorney working excessive hours and charging you for it, we do not recommend you ever hire an accident lawyer on an hourly fee basis.

Attorney Contingency Fees

At Brian & Brian at Pistotnik Law, we only handle personal injury cases on a contingency fee basis. This means that we only receive a fee if we get you paid and our fee is not earned until the insurance company agrees to pay you money for your injury. As such, how much we receive depends 100% on how much money we get for you. This means that we have a financial incentive to get you the most possible because we receive more by getting you more. The percentage we charge varies depending on the type of case and injuries involved.

Attorney Expenses

We don’t want your case to cost you anything. We realize that an accident can be an extreme hardship and the last thing we want to do is make things more difficult. So at Brian & Brian at Pistotnik Law we do not require any money from you and we pay for all the expenses associated with your case including the costs of the medical records, bills, copies, postage, etc. You won’t ever pay us any money out of your pocket as all of our expenses are reimbursed through the settlement money from the insurance company.

Other Fee Arrangements

We only handle personal injury cases on a contingency fee basis because it is the best option for you. The insurance industry has billions of dollars at its disposal. In fact, State Farm was recently valued at over $75 Billion. By handling cases on a contingency fee basis, we have the ability to fight the insurance company without you having to worry about how paying out of pocket to take on these behemoths. We have spent millions of dollars over the years to fight these insurance companies and will continue to do so in order for you and all Kansans to get the justice they deserve.

Do I Have to Pay a Lawyer if I Lose?

No. We take on cases because we believe there will be a financial recovery for the client. If we were ever to lose, we would not charge the client anything. There is nothing to lose by hiring us.

Other Accident Attorney Questions and Answers

• How Much Does an Accident Lawyer Get Out of the Settlement?

Contingency fee agreements depend on the type of case and injuries involved. The percentage fee on auto accidents, truck accidents, workers’ compensation claims and other injury accidents varies depending on the facts of the case. Get a free consultation now by completing this form. 

• How are Personal Injury Settlements Paid Out?

Settlement money is distributed once the insurance company funds clear our account. We strive to get the money you deserve in your hands as quickly as possible.

• How to Find an Accident Attorney in Wichita?

We offer free consultations either in person or over the phone. We will travel to you. Just give us a call toll free at (316) 800-8000 or complete this form.

• When Should I Contact a Personal Injury Attorney?

You should call us right away. Don’t delay. The insurance industry has many tricks it uses to reduce the value of your case or get you to settle too early. We can help you avoid those tricks.

The above is a brief overview of the charges associated with getting a team of accident lawyers on your side. Being involved in an auto accident, truck accident, work accident or other injury accident is a traumatic event and taking on the billion dollar insurance industry can be overwhelming. At Pistotnik Law – Brian & Brian we know this and that is why we provide our legal services on a contingency fee basis so that it costs you nothing out of your own pocket to fight for your rights. Call Brian Pistotnik and Brian Collignon now toll free at (316) 800-8000 or complete this form or stop by as walk-ins are always welcome at 311 S. Hillside, Wichita, Kansas 67214.