How Much Is My Car Accident Worth?

Experienced Wichita Kansas car accident lawyers committed to helping our clients

When you’ve been hurt in a Wichita or Kansas car accident, you will have many questions about how it all works. A negligent driver caused the crash that left you hurt, and, by law, you deserve financial compensation. The car accident lawyers at PISTOTNIK LAW can guide you through the process every step of the way.  We make it easy!

You’ve been in a crash and need medical treatment for your injuries. What you do next makes a huge difference on the value of your case. The driver may deny doing anything wrong and refuse to accept responsibility for what happened. The insurance company starts harassing you with multiple calls from multiple insurance people.

 An experienced attorney can explain your rights.

Our firm originated the motto:  KNOW YOUR RIGHTS!

One of the first things clients want to know is how much their car accident is worth. There are many factors that affect the value of your claim, including the type and seriousness of your injuries and the other driver’s insurance policy limits. While it’s impossible to come up with an exact figure, our Wichita Kansas car accident lawyers can give you an idea of what to expect.

How Is a Settlement Value Calculated?

When determining the value of your settlement, generally the value is a simple addition problem and the case is valued by adding up all damages and losses accrued because of your car accident. In general, you can seek compensation for:

Economic Damages

These are losses you have suffered that have a specific dollar value. They include:

• Medical expenses – This includes all expenses for treatment related to the injuries suffered in your car accident – both now and in the future. It can cover expenses such as diagnostic testing, surgery, hospitalization, follow-up appointments with doctors, prescription medicines, home health aides and any home medical equipment you need.
• Lost wages – This includes income a person lost while recovering from an injury.  Insurance companies normally require an off work slip from a physician confirming what time frame the person could not work as well as wage loss verification from the employer.  Or if the physician places work restrictions on activity, you will need written proof the employer cannot accommodate the restrictions.
• Lost earning capacity – This includes income a person will be unable to earn in the future because of a permanent disability caused by an injury.  Future lost wages are recoverable as long as they are supported by a physician.  As an example, if you might need physical therapy or surgery in the future, the physician can confirm you will be off work in the future.
• Damage to property – If you were involved in a car accident, this is usually the repair or replacement cost of your car.  This can include damage to property in the vehicle that was damaged in the crash.

Noneconomic Damages

These are real losses you have suffered that are more difficult to put a dollar value on. They include:

• Pain and suffering
• Mental or emotional pain or anguish
• Disfigurement
• Physical impairment
• Loss of companionship or loss of consortium
• Loss of enjoyment in life
• Inconvenience
• Loss of time
• Disability

If a case is presented to a jury, in Kansas the judge will instruct the jury on the law:  “In determining the amount of damages you should consider plaintiff’s age, condition of health before and after, and the nature, extent and duration of the injuries.  For such items as pain, suffering, disability, and mental anguish, there is no unit value and no mathematical formula the court can give you.  You should allow such sum as will fairly and adequately compensate plaintiff.  The amount to be allowed rests within your sound discretion.”  Pattern Instructions of Kansas 171.02. 

For years, attorneys and insurance companies have discussed “special damages”, which refers to the amount of out of pocket damages like medical bills and lost wages.  They also discuss “general damages”, which refers to damages like pain and suffering, that are not “out of pocket”. Once calculation discussed is that the total value of a case is three to five times the “special damages”, although this is not the actual law.  Our firm has handled many cases where this multiplier is too low.  However, there have been jury verdicts wherein a jury could award an amount where this multiplier is too high.

If we represent you, our attorneys can determine the total damages you have suffered. This amount sometimes will continue to increase or change if you need further treatment for your injuries or miss more time from work. We will work hard to explain what you can do to help maximize your case value!

Does Negligence Affect My Settlement Amount?

Kansas follows a comparative negligence system. The statute is K.S.A. 60-258a which states: “The contributory negligence of a party in a civil action does not bar that party . . . from recovering damages for negligence resulting in death, personal injury, or property damage or economic loss, if that party’s negligence was less than the causal negligence of the party or parties against whom a claim is made, but the award of damages to that party must be reduced in proportion to the amount of negligence attributed to that party.”  Under this rule of law, the compensation you can receive from a car accident settlement is reduced by the percentage of fault you are found to bear up to the 50% threshold.

If you’re found to be 50% or more than 50% at fault, you’re not eligible to receive any compensation from the other party’s insurance company.

As an example, if your damages amount to $100,000 and you’re found 10% at fault. Your compensation would be reduced by 10%, you would be able to receive $90,000.

Kansas laws are less favorable than surrounding states.  In Kansas, if you are found to be 50% at fault, you lose, while in Oklahoma, 50% wins (but damages get reduced by that same percentage).  In Missouri, 50%, or even higher still wins.  This is problematic in Kansas because a jury, on a verdict form, may have to divide fault between two parties, and sometimes it makes sense to divide fault equally, which could result in a loss.

How Can a Wichita Attorney Recover Damages on My Behalf?

Our firm knows how to build strong cases that prove you were hurt because of another driver’s negligence. We gather evidence and carefully review accident reports and medical records. We identify and interview witnesses. If needed, we consult accident reconstruction experts and other specialists who can help us understand what happened.

Insurance companies have many tactics they use to try to limit your compensation. They spend lots of money training their employees on how to limit how much they will pay and how to take advantage of injury victims.  They may challenge the seriousness of your injuries. They may try to blame you for causing the accident. They can argue the forces involved in the wreck didn’t cause your injury. They’ll sometimes make a ridiculously low settlement offer that doesn’t come close to covering the damages you suffered.

Insurance companies run a business and that business is designed to have the insurance company make more money and pay you less. Don’t let them take advantage of you! We take a personalized approach toward each case and will fight to help you recover the compensation you deserve. When insurance companies see that we are ready to fight them in court, they often negotiate a settlement that is much more favorable.

How Long Does it Take to Receive a Car Accident Settlement?

The timeline for a car accident settlement can range from a few months (on rare occasion, even less) to a few years. The time it takes to settle a car accident case can depend on the severity of your injuries, the insurance company’s cooperation, disputes over liability, and whether your case must go to mediation or litigation.

It’s important to be patient and not rush into a quick settlement, especially if it doesn’t fully cover your damages. The attorneys at Pistotnik Law can determine the actual value of your damages and fight to recover every dollar you’re entitled to.

When Should I Speak to a Car Accident Lawyer in Kansas?

When should you call a lawyer? As soon as possible. Under Kansas law, the statute of limitations for taking legal action is two years from the date of your accident. That sounds like plenty of time. But as time goes by, valuable evidence can be lost or destroyed. Witnesses can forget important details about what they saw.  More important is getting advice at the very beginning on what action is needed from the very start to help maximize your case value.  This initial advice from our lawyers can greatly change the end value of your case.

How Much Does a Wichita Car Accident Lawyer Cost?

We work on a contingency fee.  This means you need no money up front.  We don’t get paid unless we win. Our firm pays all the costs of moving your case forward through the legal system. Our fee comes out of the financial compensation we recover in your case. You will never pay us by any payment from you like a check or charge. If we don’t win, you owe us nothing.

It also costs nothing to talk to us. One of our attorneys can review the details of your accident and explain your legal options. We can also answer any questions you have. There’s no cost and no obligation.

If you’ve been hurt in a Wichita or Kansas car accident, learn more about how we can help. Contact us today to schedule a free consultation with an experienced Wichita lawyer.