Frequently Asked Questions Regarding Auto Accident Cases
What Are The Biggest Misconceptions People Have When It Comes To Auto Accidents?
One misconception people have regarding auto accident cases is that the attorney will take all of their money, but that’s just not true. Attorneys can only take a fair and reasonable percentage of the recovery in a case. Without an attorney, in most cases, you definitely stand to lose money and not getting the most that you are entitled to. Other types of claims often come into play, and if you don’t have an attorney to negate or reduce those claims as well, such as health insurance liens, no fault liens and hospital liens, then you lose a lot of your case. If you don’t have an attorney to fight those liens, you could end up with less in your pocket or no money at all from the settlement.
The second most common misconception is that people try to correlate or relate the amount of property damage done to the vehicle to the amount of physical injury a person suffers in an accident. There are many studies and statistics that show that there really isn’t any direct correlation between the amount of damage to an automobile in an accident in relation to the amount of injury a person suffers. There have been many cases where cars were completely destroyed by an accident and the person walked away with virtually no injury whatsoever. There are just as many accidents where there was minimal damage to the automobile and a person walks away with very severe spinal injuries. These could be crippling for life. Therefore, it is urged that you don’t let that misconception mislead you to believe that you don’t have a case. Property damage really doesn’t control the amount of damages that you can prove or claim in an automobile accident. Those are the two misconceptions seen frequently.
What Is The Statute Of Limitations For Bringing A Personal Injury Claim Or Lawsuit In Kansas When You Are Involved In A Car Accident?
Both are controlled by the two year statute of limitations for negligent claims or tort claims. There are exceptions to that two year time limit, but you really don’t want to test those exceptions. If you don’t file suit within two years of the date of your accident, you could lose your automobile accident claim.
One of the exceptions to the two year statute of limitations is the extension of time for the personal injury claim beyond the two year time period. This would be the case where the defendant’s insurance company pays the property damage claim thirty days after the accident. In many cases, in Kansas, that is a typical scenario that takes place in clear liability accidents. The property damage side of the case is settled first and then a few months or even a couple of years later, the personal injury negligence claim is ready to be settled. When a property damage claim is paid thirty days after the accident by the negligent party’s insurance company, that payment extends the statute of limitation for the personal injury claim by that period of time. Therefore, you don’t want to wait for that additional 30 days, but you may want to use that as a means or method to avoid getting thrown out of court for having missed the statute of limitations.
Is The Statute Of Limitations Different For Minors And Children?
The statute of limitations is eight years from the date of the accident to file a lawsuit if the person injured is either a minor or if someone is declared legally incompetent (but one year from the age of 18). Therefore, no one should assume that in all cases the statute of limitations is automatically two years. One should always take the facts and information to an experienced personal injury attorney to have him assess and determine the absolute statute of limitations date on a particular case.
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