Do I Have to Go to Court if I Was Injured in a Car Accident?

Getting into a car accident can be a stressful and overwhelming process. You likely have a lot of questions about the process. There are some things you are required to do, such as gather information from the other parties and contact your insurance company. There are things you are strongly recommended to do, such as seek medical attention and document the accident scene.

You may also be concerned about injuries and the process for getting compensation. You may be scared about going to court. The courtroom can be intimidating. 

Will you have to go to court after a Kansas car crash? It is possible. If you have a minor injury, the good news is that your claim can be handled by the insurance system. Kansas is a no-fault state, which means claims for minor injuries stay out of the courtroom. This helps speed up the claims process, since there is no litigation involved.

But on the other hand, you can only file a lawsuit for pain, suffering or loss of function, if certain conditions are met. Kansas’ no-fault laws do permit victims involved in serious and fatal car accidents to file lawsuits outside the no-fault insurance system. However, only 2% of filed cases actually go to trial. Many cases settle with your attorneys' help, who works with the insurance adjuster.

Under Kansas law, a car crash case can be filed for non-economic loss if any of the following apply:

However, in these cases, it is still possible to settle outside of court and avoid the court process if the accident resulted in significant damages. Discuss this situation or any offer with a good injury lawyer.

Contact Our Kansas Personal Injury Attorneys Today

Being involved in a car accident does not automatically mean you need to go to court. However, given Kansas’ no-fault laws, if you were seriously injured, your only option for recovering money for pain, loss of function or for the loss of a loved one, may be to go to court.

In a car accident? Seek legal help from a Salina personal injury attorney from Neustrom & Associates. We can help you make an informed decision with good information. We go the extra mile to ease your concerns. Call (785) 825-1505 or fill out the online form to schedule a free consultation.