Frequently Asked Questions About Car Accidents

Choosing the correct lawyer is an extremely important decision to make. In Wichita and throughout Kansas, television ads are mainly injury attorneys seeking clients. Radio ads are the same. There are some lawyers who invade our privacy by advertising on the stereo screens in our vehicles or do banner ads on our cell phones. Some of the injury law firms are mills where clients rarely ever get to speak to a lawyer. These large law firms have “case intake specialists” who meet with prospective clients and are nothing more than salespeople who have no legal training. They have “case managers” who are often former insurance adjusters who once again have no legal training. They are not legally allowed to offer legal advice, yet they do, and they sometimes give wrong or bad advice. When you try to talk to the lawyer or try to schedule an appointment to talk to the lawyer in person, your get excuses or delays. When you call the lawyer, the lawyer doesn’t call you back, instead the lawyer has staff call.

At Pistotnik Law, we provide personal attention and you are a client, not just a number. The most important reason to choose us is that we have the reputation, we have the experience, we have the resources, and we have a history of getting our clients excellent results. And our attorneys talk to our clients and are available to meet with our clients, and we do so without hesitation. Check out our Google reviews and we have a higher rating from actual clients when compared to these injury law firm mills.

It also is important to know WHERE your attorney is really located. Many law firms from other cities, like Kansas City, Hutchinson, Salina, and even attorneys from other states claim to have a Wichita location. In reality, they have a mailing address with no actual attorney in the office. If you need meet with the attorney in person, it is extremely difficult. At Pistotnik Law, you can call or walk in to our office and see an attorney. We are conveniently located in the middle of Wichita, with easy highway access. We are a two blocks north of US Highway 54 (Kellogg) on Hillside in the College Hill area of Wichita. We are close to the major hospitals and often can get to a client at the hospital within minutes to offer free advice.

We care about you and how much you are going to get in your pocket after attorney fees and expenses! Did you know many of our competitors start out at 35% contingency fee. Often, the fee increases to 40% if a lawsuit is filed. Other attorneys often get more money than their clients do. You are the person injured and your attorney shouldn’t make more than you do from your case! Our normal fee is 33%, but we often will cut that fee to help out our injury victims, even on larger cases. It is rare for us to ever ask for more than 33%, even when suit is filed. Also see our attorney fee satisfaction guarantee!

Our office will get the police report for you so you don’t really need to get the report on your own. Also most insurance companies request the reports and you can request your own insurer to send you a copy.

If the Kansas Highway Patrol investigated your car accident, you can request the report directly from their local office. Similarly, if a county sheriff's department or local police department was involved, you should contact the specific city or county that responded to the scene for their procedure in obtaining the report. Many of these local law enforcement agencies offer online portals or physical offices where you can request and pick up your report.

Generally, there is a fee associated with obtaining these reports, and it may take a few days to a few weeks after the accident for the report to become available.

Yes. If you have a significant injury, it is best to go the the emergency department of your local hospital. After getting evaluated at the hospital, you should see a doctor as soon as possible after your car accident for follow up care. Even if you feel fine, you could have a serious or even life-threatening injury. Insurance companies literally count the number of hours from the time of the car accident until you seek medical care and they use any delay against you arguing your injury was not bad because you delayed getting care. That’s why it’s critical that you have a doctor, or another medical professional examine you right away. Another important reason why you should have a doctor examine you is because insurance companies often carefully review your medical records after your accident. If you don’t have an official record of your injuries, you may have a tough time getting the financial compensation you deserve for your car crash.

Kansas no fault laws do not allow you to get a settlement for pain and suffering or other noneconomic losses if your medical bills are less than $2000.00, but there are some limited exceptions. Even with the exceptions, if your bills are less than $2000.00 insurance companies won’t want to pay much for your injuries.

Yes, but keep your comments to a minimum. Simply get the other driver’s name, address, phone number and insurance information. You can also provide the same information to the other driver after your accident. We strongly advise against discussing the specific facts of your car accident with the other driver. Anything you say to the driver could be used as evidence against you to deny your car accident claim.

Even saying something as simple as “I’m sorry” could be used by the other driver’s insurance company to blame you for causing the crash and to deny your accident claim. If you are questioned about being injured, saying you are OK could be brought up later.

You can and should be compensated for ALL your car accident-related expenses, not just for the expenses immediately after your car accident. You should be compensated for any expenses related to your accident now and in the future, including:

• Emergency medical care
• Surgical procedures
• Follow-up medical care
• Lost income during your recovery
• Lost future income if you cannot return to work
• In-home medical care if necessary
• Modifications to your home if you have a permanent disability
• Pain and suffering and other noneconomic losses
• Loss of consortium for your spouse

Losing a loved one in a car accident in Kansas is a devastating experience. Kansas law provides a way for families to seek justice and compensation through a wrongful death claim. There is also an additional case known as a survival claim. The probate estate pursues damages as if the deceased person was alive wherein there can be a recovery for the deceased’s conscious pain and suffering.

In Kansas, the immediate family members of the deceased, such as a spouse, children, or parents (in the event there are no children or spouse), are eligible to file a wrongful death claim. When no spouse, children and the parents are no longer living, then other relatives are allowed to pursue the case.

Compensation in a wrongful death claim can cover:

• Lost earning capacity
• Mental and emotional anguish
• Loss of companionship and guidance
• Loss of inheritance
• Medical expenses accrued by the deceased
• Loss of consortium
• Funeral and burial expenses

The Kansas statutes governing wrongful death start at K.S.A. 60-1901. Elements of damage are defined in K.S.A. 60-1904 which states: “Damages may be recovered for, but are not limited to: 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; and reasonable funeral expenses for the deceased.” Also, K.S.A. 60-1903 allows the recovery of “pecuniary losses” which basically means wage loss from the deceased for dependents. The wage loss in the future from a lost loved one can be substantial.

What you don’t do after a car accident is just as important as what you do. Common mistakes that can hurt your chances of getting compensation include:

• Not getting help from an experienced Wichita car accident lawyer.
• Not calling the police.
• Forgetting to exchange insurance information with the other driver.
• Failing to notify your insurance company.
• Failing to take photographs or video.
• Admitting or discussing fault.
• Not getting prompt medical help.
• Not seeking follow up medical care.
• Failing to know how much your medical bills or lost wages total.
• Providing the other driver’s insurance company with a recorded statement.
• Posting about your car accident on social media.
• Accepting a low-ball settlement offer.

There are so many ways a Kansas car accident attorney can help you after your accident. The biggest reason why you should hire our law firm is we will give your advice early on to help you maximize your case value. We will work hard to make sure your accident gets the attention you rightfully deserve. Our car accident lawyers know how the legal system works in Kansas. We thoroughly understand the state and federal laws that apply to car accidents. We’ll go above and beyond to demand the compensation that’s rightfully yours. This will be your one and only opportunity for justice arising out of this car wreck. Take advantage of this opportunity.

Contact our Wichita law firm and schedule your free case evaluation right now. We are here to protect you from the insurance industry!