Can Someone Sue for Pain and Loss of Function in a No-Fault State?
In a crash or car accident, when it comes to claiming compensation, each state has different insurance laws. There are different amounts of insurance that drivers are legally required to carry and there are fault and no-fault states. There are 38 states that are fault states, while the rest are no-fault states.
Kansas is an example of a no-fault state. What this means is that drivers use their own car insurance policy to pay for their medical bills, regardless of fault.
So what does this mean if you are seriously injured? You can only file a lawsuit against another driver in Kansas if your injuries meet the state's threshold for doing so. $2,000 in medical bills is the most common threshold.
When Can You Sue?
You meet the threshold and can sue for loss of function, scarring, or pain and suffering, if any of the following apply:
- Fracture of weight-bearing bone (such as a leg or foot)
- Compound, compressed, or displaced fracture of any bone
- Permanent injury
- Permanent loss of a body function
- Permanent disfigurement
- Your medical bills exceed $2,000
As part of no-fault you automatically get these benefits from your own company:
PIP coverage in Kansas includes the following benefits:
- $4,500 per person for medical expenses
- $900/month (for up to one year) for disability/loss of income
- $25/day for in-home services (such as housecleaning) that you can no longer do due to your injuries
- $4,500 for rehabilitation expenses
- $2,000 for funeral, burial, or cremation expenses (in the event of a death)
Contact Our Kansas Personal Injury Attorneys Today
In an accident? Worried about the legal outcome? Contact a Salina personal injury attorney from Neustrom & Associates for help. We work hard to hold others accountable when they have caused significant harm or injury to you or your loved ones. Call (785) 825-1505 or fill out the online form to schedule a free consultation.