How Much Is My Kansas Personal Injury Case Worth?

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When you suffer a personal injury, significant monetary losses and damages can result. Whether it’s an auto accident, a motorcycle accident, a trucking accident, slip and fall, or another type of injury, you may incur significant financial damages. For example, you may have medical bills, lost income, damage to your personal property, and general damages such as your pain and suffering.

After your injury, you may be entitled to recover compensation, but it is important to understand the factors that help determine just how much your Kansas personal injury case may be worth.

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What Kinds of Compensation Am I Entitled to in the State of Kansas?

In personal injury law, various types of damages may be available for recovery. There are out-of-pocket costs in most cases, which represent the money you have had to pay out as a result of your injuries. Out-of-pocket costs can be readily ascertained and proven, such as by invoices and bills associated with these expenses. For example:

Medical visits
Hospital stays
Prescription medication
Rehabilitation, nursing, and home care
Physical, occupational, or other therapies
The value of your lost income or wages if you cannot work as a result of your accident
The costs of repairing or replacing your personal property, such as your vehicle

Additionally, you may be able to recover general damages. While these don’t readily have a specific amount attributable to them, it is usually the jury’s job to figure out an amount that represents fair and reasonable compensation for them. General damages include the following:

Pain and suffering
Mental anguish and psychological trauma
Scarring or disfigurement
Lost future income
Loss of enjoyment of activities that you can no longer do
Loss of consortium
General decline to your quality of life
Damages for your loved one’s wrongful death

In some civil cases, particularly those that involve exceptionally egregious conduct, it may be possible to seek punitive damages, which are designed to punish the wrongdoer and deter similar conduct in the future. Each state has its own rules regarding the possibility of requesting punitive damages in a personal injury case, so it is important to understand the laws involved and consult with an experienced Kansas-based personal injury lawyer if you think punitive damages may be involved in your case.

How Do Insurance Companies Calculate the Value of a Claim in Kansas?

The process for calculating the value of a claim can be complicated and sometimes lengthy. Insurance companies are not keen on paying out claims—in fact, they will try their best to minimize payout, often resulting in a back-and-forth struggle in negotiations. Almost always, insurance companies will begin negotiating with a low offer, one which may not compensate you for the full value of your damages. Moreover, large insurers have significant resources on their side, including legal teams, to assist with claims processing.

Insurance companies will first and foremost consider liability when they are evaluating your claim. If liability clearly lies with the insured party, the company may be more likely to take your claim seriously and assess the full value of your damages — this is just one of the many reasons it is imperative to have solid proof and evidence of the other party’s fault in causing the accident. On the other hand, if there is evidence that the accident was partially caused by you or a third party, then the insurance company may be less likely to settle quickly.

Once liability is established, the insurance company will assess the value of your damages. They will consider many factors, which are explained in greater detail below. They will first look at the expenses that are readily ascertainable, such as medical expenses for which you have bills and invoices.

They will also consider an amount they are willing to pay for your general damages, such as the pain and suffering you have experienced. At that point, the company will make an initial offer and begin negotiating with you toward a settlement.

Why Is Each Case Different in Terms of Valuing Damages?

Because each case differs in terms of the facts, evidence, applicable law, and damages and injuries suffered, each one may result in different ways of valuing damages. There is no magic calculator or formula that can represent the true value of a personal injury case. A lawyer must examine all angles and take the time necessary to establish damages.

This is just one reason why it is important to consult with an experienced personal injury attorney. They will be able to consider all of the factors that make your case unique, accounting for the full extent of your damages and negotiating with the insurance company towards a fair and reasonable resolution.

What Are the Factors that Impact the Value of Your Personal Injury Claim in Kansas?

Many different factors can impact the true value of your personal injury claim, including the following:

The extent of your injuries and other damages
The extent of medical care you will need
The extent of your pain and suffering
The type and extent of damage you have incurred to your personal property
The disruptions to your personal life and the ways in which the quality of your life has decreased
Liability, including whether multiple parties might be at fault and whether you were partially at fault for the accident
Pertinent policy limits

How Can Bretz Injury Law Help with Your Personal Injury Claim?

At Bretz Injury Law, we are here to help with every aspect of your personal injury matter, including an accurate assessment of the full extent of your damages. To establish a claim for negligence, we will investigate the facts of your case and preserve important evidence that can help prove your claims.

We will work with you to build a strong case to present in court and to the insurance companies involved. We will negotiate with the other parties and their insurers to obtain a fair and reasonable settlement on your behalf. If that is not possible, we will be by your side in court.

When you trust your case to Bretz Injury Law, you get more than a single lawyer on your side; you get an entire team of seasoned legal professionals all working together to secure the best possible outcome on your behalf. Our Kansas-based personal injury lawyers can help you understand your rights and fight for the fair compensation you are owed. Contact us today for a free consultation.

Call today, every consultation is free at our Hutchinson, Salina, Wichita, Garden City, Dodge City, Liberal, and Hays law firms. We proudly serve injury victims and their families throughout Kansas and beyond.