What Constitutes a Serious Injury?

Kansas is a no-fault auto insurance state, which means that car accident victims can be prohibited from bringing a personal injury claim against the responsible party in court but may be required to file an insurance claim against their own policy in order to collect compensation. However, if the tort threshold is met, under Kansas law, the injured party can seek full compensation directly from the individual in court or settlement proceedings. Determining whether an injury rises to this level of being serious can be difficult, so if you were recently injured in a car crash caused by another person’s negligence and sustained an injury, it is critical to contact an experienced car accident attorney who can help explain your legal options.

Serious Injury Defined

State law defines a serious injury as:

  • An injury that required medical treatment costing more than $2,000
  • Permanent disfigurement
  • A fractured weight bearing bone
  • The loss of a body part
  • A permanent injury
  • The permanent loss of a bodily function
  • Death

Many courts have grappled with the issue of when an injury satisfies the definition of permanent disfigurement. If injured parties can establish that they sustained one of these types of serious injuries, or met the tort threshold, they can file a claim in court and to collect non-economic damages for the pain and suffering and loss of function as a result of the injury. However, to have any chance of collecting compensation, the injured party will need to file a claim no later than two years from the date of the crash. Exceptions do exist to this deadline for minors and incapacitated individuals, and there are other exceptions. But any delay may result in the loss of evidence, witnesses can move or die, so if it is important to  you, then act soon to protect your interests.

If injured parties can establish that they sustained one of these types of serious injuries, they can file a claim in court and may be able to collect non-economic damages for the pain and suffering they endured as a result of the injury. However, to have any chance of collecting compensation, the injured party will need to file a claim no later than two years from the date of the crash.

Contact Neustrom & Associates To Speak With An Experienced Car Accident Attorney Today

At the law firm of Neustrom & Associates, we understand that while many drivers carry insurance that will be sufficient to cover minor injuries, some injuries are so severe that treating them will far exceed what their provider covers. In these situations, it is imperative for the injured party to have the support and advice of an experienced attorney, so if you live in Kansas and were recently injured in a car crash, please contact our legal team by calling 785-825-1505 and we’ll help you schedule a consultation with a knowledgeable and compassionate car accident lawyer.