Filing a Personal Injury Claim in Kansas
How Our Experienced Personal Injury Attorneys Can Help
When you have been injured due to the negligence of another person, a company, or some other entity, it can be extremely difficult to get back on your feet. Medical bills and other unexpected expenses can quickly add up, coupled with the added hardship of being out of work for weeks, months, or even years. You may find yourself unsure of your rights and where to turn to get the help you need in your recovery.
At Bretz Injury Law, we understand how overwhelmed you must feel after suffering an injury or losing a loved one, and we truly want to help. Our job is to help individuals get compensation and closure for their losses—and we have a successful history of doing just that. We have obtained well over $300 million in verdicts and settlements for injury victims and their families, including many cases involving eight-figure results.
Money matters when it comes to personal injury cases, but that's not what drives us to work tirelessly for injury victims. It's about holding negligent people and parties responsible for their actions. It's about making the community a safer and better place to live. We strive to be a voice for the voiceless, allowing injured individuals and their families the ability to heal and move forward with their lives. Recovering from an injury or grieving a loss can be extremely difficult, but getting justice shouldn’t be.
We handle a variety of personal injury cases on behalf of clients in Hutchinson, Salina, Wichita, Garden City, Dodge City, Liberal, Hays, and throughout the entire state.
Types of Personal Injury Cases We Handle
Our firm handles a variety of personal injury claims, including but not limited to the following:
- Motor vehicle accidents
- Negligent security
- Nursing home negligence
- Severe injuries
- Slips and falls/premises liability
- Product liability
- Dog bites
- Wrongful death
We also assist clients in filing workers’ compensation and Social Security disability (SSD) claims, as well as in a variety of related matters, such as appealing denied claims or early termination of benefits. Regardless of how complex your case may be, our attorneys are here to walk you through your options and fight for the best possible outcome on your behalf.
How Do You Know If You Have a Personal Injury Case?
While some personal injury cases can be brought on grounds of strict liability, most are brought on the basis of negligence or wrongful conduct. In other words, to have a case, you usually have to prove that someone else—whether it’s another person, a manufacturer, a business owner, or some other entity—acted negligently, unlawfully, or intentionally, causing you injury.
Specifically, to have grounds for a personal injury case, you must typically prove:
- Another person or party owed you a duty of care. This means they had a legal responsibility to act reasonably and/or take certain measures to prevent you from being injured or harmed.
- The other person or party breached the duty of care. Acting negligently, wrongfully, or intentionally typically constitutes a breach of the duty of care.
- You were injured and suffered damages. Even if someone was blatantly negligent, you do not have a case if you were not injured.
- The other person or party’s conduct was the cause of your injuries. You must prove that their negligence was the proximate or direct cause of your damages.
At Bretz Injury Law, we take a strategic, evidence-based approach to building our clients’ cases. Our careful attention to detail and emphasis on personalized representation has helped us recover hundreds of millions of dollars in compensation for our clients. We can sit down with you to discuss the specific details of your case and determine whether you have grounds for a lawsuit. If you have a case that we believe we can win, we will immediately begin gathering evidence and working with various experts to strengthen your claim.
What Kind of Compensation Is Available in a Personal Injury Case?
While the exact value of your claim depends on numerous factors—such as the severity of your injuries, the degree of fault (if any) you may have had, the extent of your damages, and more—there are certain types of damages most personal injury claimants can recover.
At Bretz Injury Law, we fight for maximum compensation for our clients’ damages, including but not limited to:
- Medical bills and related expenses
- Rehabilitation and other treatments
- Medical equipment
- Future medical care costs
- Lost income, wages, and other employment benefits
- Lost future earnings
- Diminished earning capacity
- Pain and suffering
- Lost enjoyment of life
- Emotional trauma and distress
- Counseling and/or therapy
In some cases, we may be able to pursue punitive (or “exemplary”) damages in addition to the compensatory damages listed above. Punitive damages are meant to punish at-fault parties for egregious negligence or acts of willful, wanton, or intentional misconduct.
How Long Do You Have to File a Personal Injury Lawsuit in Kansas?
Like many other states, Kansas has a set deadline for filing personal injury lawsuits. Known as the “statute of limitations,” this deadline limits your time to sue an at-fault party to just two years.
Typically, the two years begins on the date of the accident or injury, but certain circumstances can defer the deadline. For example, if a person goes in for surgery and the surgeon leaves an instrument in the patient’s body, the patient may not discover that this occurred for several weeks. In such cases, the two-year statute of limitations would not begin until the date the injury was discovered (or reasonably could have/should have been discovered).
Other exceptions may shorten the amount of time you have to bring a claim. One common example is lawsuits involving government agencies. In addition to having shorter statutes of limitations, such suits also generally require the injured party (known as the “plaintiff”) to follow strict procedures. We strongly encourage you to contact an experienced Kansas personal injury lawyer, like those at Bretz Injury Law, for help with your claim.
Choose a Team That Will Fight for You
At Bretz Injury Law, we believe in securing justice on behalf of victims of negligence, as well as the families of those wrongfully killed. We are not only committed to maximizing our clients’ recoveries but also to holding negligent parties accountable and improving our community as a whole.
If you have suffered severe injuries, or if your loved one was tragically killed due to the careless or reckless conduct of another, reach out to Bretz Injury Law now so we can begin creating a sound legal strategy. If you wait too long, you could jeopardize your case. The more time that passes after your accident, the harder it can be to gather the facts and evidence you need to win your case.
We have years of experience protecting the rights of injury victims throughout Kansas. We know what questions to ask, how to carefully analyze accident reports and other important documents, and how to transform that information into a successful legal case. You can rely on us.
How much is my case worth?
There is no set dollar amount for the value of your personal injury case. Some cases can be worth millions, especially when you consider the true cost of an accident. This includes not just short-term medical expenses but also recovering lost income, lost future income, physical therapy, pain and suffering, and more. To get started with finding out the value of your claim, call us or complete the case evaluation form on this website. Tell us what happened to you. We want to help.
How long will my case take?
No two cases are ever alike. Some personal injury cases can be settled in a matter of weeks. Others might take months or even years to be resolved. The important thing is to contact our law firm as soon as possible. That way, we can get straight to work on your case and start gathering the evidence you need to build a strong legal case.
How much time do I have to file a claim?
In most situations, you have two years from the date of your injury to file a personal injury lawsuit in Kansas. This time period is known as the statute of limitations. Two years might seem like a long time, but the sooner you decide to take legal action, the better. In some situations, you have only one year to take legal action. Contact our office today to make sure you don't miss the deadline for seeking the justice you deserve.
Will my case go to court?
Most cases are settled without the need for trial, but we are not afraid to take cases to court if that is the best way to get our clients what they deserve. We prepare each case as if it's going to be heard by a judge and jury. It is important to have a lawyer with experience handling courtroom cases for this very reason. At Bretz Injury Law, we are well-versed in state and federal laws. We are very familiar with how insurance companies for negligent parties operate, and we know how to navigate the justice system. Our knowledgeable personal injury attorneys have presented—and won—many court cases in Kansas and throughout the country. We know what is required to get the results clients need, and we have the case results to prove it.
What are wrongful death claims?
If a loved one dies in an accident caused by someone else's negligence or reckless behavior, you might have grounds to take legal action against the person or corporation responsible for the death of your loved one. Surviving family members who file a wrongful death claim often seek to obtain compensation for a variety of expenses associated with the accident, including medical bills, funeral expenses, lost future income, pain and suffering, loss of services, and emotional loss. Wrongful death cases can be extremely complicated. Don't try to deal with the death of a loved one on your own. Contact our law firm and find out how our legal team can help you. We have extensive experience handling cases involving fatalities. Our firm includes one of only eight Kansas attorneys who are members of the Multi-Million Dollar Advocates Forum, and our case results include a $50 million settlement in a wrongful death case. Nothing will make up for the loss of your loved one. But we can help you to secure a future for those who are left behind.