What Are My Rights If I Was in A Car Accident?

Our experienced Wichita Kansas car accident lawyers fight for you

Your rights include getting full fair compensation for ALL your damages. In Kansas, most car wreck victims have at least three and many times four different claims.  First is getting paid to fix your car or being paid for the value of your car.  Second is presenting a claim for Personal Injury Protection benefits against your own auto insurer under Kansas No Fault laws.  Third is presenting a claim for your injuries against the other driver’s insurance company.  And fourth is presenting a claim against your own insurer for underinsured motorist coverage, in the event the other driver has inadequate coverage. 

 Car accidents happen all the time, in Wichita and throughout Kansas. A car accident can turn your life upside-down in an instant. Suddenly, you are without a car.  You are left injured and in need of medical treatment. You can’t work and there is less money coming in. Many people need legal help from the very beginning.

The car accident lawyers at PISTOTNIK LAW know that being hurt in a crash can impact you physically, emotionally, and financially. If your accident was caused due to the fault of another driver, you have the right to seek financial compensation for the damages you suffered. We help you fight for that right every step of the way throughout the legal process.  Our advice at the very beginning can make a dramatic difference in the value of your case.

Do I Have to Talk To the Other Driver’s Insurance Company?

NO!  In fact, giving them a statement about how the wreck occurred or about your injuries could severely damage the value of your case. Talking to trained insurance adjusters gives them information that they will try and use against you in your case.  You are not required to admit fault or make any statements that could be used against you later. If you were involved in a collision, an insurance adjuster may contact you with some questions. If you answer these questions, you could potentially jeopardize your case by inadvertently saying the wrong thing.  When you tell them about how you are physically doing at that time, your physical condition could get worse, but they try to limit your damages to what you told them.

The attorneys at Pistotnik Law handle all communications with the other driver’s insurance company regarding your injuries, so they can’t use their tactics on you.

Should I Get a Lawyer for a Car Accident If I’m Not at Fault?

YES! Recovering compensation after a car accident can be complicated. The negligent driver that caused your crash may have been speeding, texting, or driving recklessly. Negligent drivers often deny doing anything wrong and don’t accept responsibility for their actions.  Their insurance companies are trying to pay you as little as possible.  Sometimes they will make you an offer on your injury case of a few hundred, even up to a few thousand of dollars.  If you accept, that is considered a verbal contract that you cannot get out of.  Many unknowing injury victims settle their cases early on and lose very large sums of money.  Settling for $1000.00 when the case could be worth $100,000, or more, is like getting injured twice.

Insurance companies are supposed to help after you’ve been hurt in a car accident. The truth is they are not on your side. Their main interest is in saving money to increase their profits. To keep their profits as high as possible, they will try to pay you as little as possible. They use a wide range of tactics to try to limit your compensation.

That’s why you need an experienced car accident lawyer on your side. Our firm has an established record of excellence and a long track record of getting results. We have experience, reputation, resources and we get results! We want you to focus on recovering from your injuries as much as possible, while we handle everything else. Our lawyers handle every detail of your claim to fight to maximize the value of your injury claim.

How Will a Wichita Car Accident Attorney Investigate My Crash?

At Pistotnik Law, our lawyers start by investigating your accident to get the facts. Our legal team gathers evidence and carefully reviews accident reports, medical records, and other documentation. We identify witnesses and interview them. If needed, we consult accident reconstruction experts and other specialists who can help prove your case.

If distracted driving was believed to be the cause of your crash, we may subpoena the other driver’s cellphone records to find out if they were texting and driving. We may also request video footage from nearby surveillance cameras, if available.

Can I Collect Evidence of My Own?

YES and you should do that from the beginning.  If you were involved in a car accident, you can help your case by collecting evidence yourself. If you’re able to, take pictures of the crash scene and include vehicle damage, vehicle positions, visible injuries, and other important details. You can also gather unbiased witness statements and contact information.  You can look around the accident site to see if any nearby businesses have video. As you heal, you should periodically take photos of any visible wounds.  You can have family or friends video your movements to document how the injury has been affecting your activities of daily living.

Additionally, you have the right to obtain the police report from the responding law enforcement agency. You can usually request the report in person, by mail, or, in some cases, online. Each agency might have its own procedure for requesting reports. Be prepared to pay a small fee for the report. The cost can vary depending on the agency.  If you have paid for the police report before hiring us, we will gladly reimburse these expenses and they can be paid out of your settlement proceeds.

I Was Hurt in a Car Accident. What Damages Can I Recover?

If the other driver is at fault, you have the right to seek compensation for your damages. Our lawyers determine the total damages you have suffered because of your car accident. You have the right to recover compensation for all these damages, which may include:

• Medical expenses for your injuries (current and in the future)
• Lost wages
• Lost earning capacity
• Property damage (the cost of repairing or replacing your car)
• Pain and suffering
• Mental or emotional pain or anguish
• Disfigurement
• Physical impairment
• Loss of companionship
• Loss of enjoyment in life
• Inconvenience
• Loss of time
• Disability

How Does a Wichita or Kansas Car Accident Settlement Work?

At Pistotnik Law, our attorneys handle everything.  This means we gather the evidence like the police report, your medical records and bills, we write to your employer to get wage verification and we can write to your doctors to get reports confirming the nature and extent of your injuries.  Once your treatment concludes, we demand the insurance company to evaluate and pay you for injuries.  Should the insurance company not cooperate, we file suit.  You have a right to present evidence to a jury to allow a jury to award you fair, just compensation for what you have been through.

You have the right to review and accept or reject settlement offers from the other driver’s insurance company. Our attorneys will help you through this process by explaining how the system works and use our experience to help you understand the true value of your case. If the initial offer is not satisfactory, our lawyers will advocate tirelessly for a higher amount.

Our law firm builds strong cases that insurance companies must take seriously. Many times, when they see that we are prepared to fight for you, they agree to pay a settlement that meets your needs. If they won’t negotiate, you have the right to file a lawsuit. Our attorneys will fight for you in court to get the compensation you deserve.

Many people worry that they may not be able to afford a lawyer. We believe cost should not prevent you from seeking justice. That’s why we work on a contingency fee basis. That means you owe us nothing unless we recover compensation for you. You pay nothing up front. We pay all the costs to move your case forward. And we only get paid if we win.

This helps level the playing field, especially against insurance companies with significant legal resources. Our resources are used to prove your case.  We have a strong incentive to fight to get you the most, because the more you recover, the more we recover also.

I Was in a Car Accident, and I Need a Lawyer. What Do I Do Next?

Call us as soon as possible.  Our phone is 316-689-8035 and, if we don’t talk to you immediately, we do our best to get back in touch with you as soon as possible. The attorneys at Pistotnik Law have been fighting for the injured in Wichita and Kansas since our firm’s founding in 1987. From the beginning, we’ve been focusing on fighting for the rights of clients who were hurt through no fault of their own. Every case is different, which is why we take the time to learn more about how your accident has affected your life.

Don’t delay. It’s best to get legal advice as soon as possible. The statute of limitations for taking legal action is two years from the date of your accident, but it can take months to build a strong case. Sometimes there is a five year statute of limitations if you are pursuing an uninsured motorist case.  Children have a longer statute of limitations.  Also, the longer you wait, the more likely it is that evidence will be lost and witnesses will forget important details.

Let us fight for your right to compensation. Schedule a free consultation with one of our experienced Wichita lawyers. Contact us today to set up a time that works for you.