Kansas is one of 12 no-fault states. This means that if you are involved in a car accident in the state, your insurance will cover the initial wage loss and medical bills, usually up to $4,500 unless you bought more coverage. The PIP claim does not affect your premium, if you are not at fault. PIP must pay before your medical insurance will pay. If you are confused, you are in good company. Feel free to give us a call with your questions.
You will be required to use your own no-fault insurance coverage — also known as personal injury protection (PIP) — to pay for medical bills for:
If you are making a no-fault/PIP claim in Kansas, the state requires the following minimum limits of coverage, so your insurance must cover the following:
Kansas PIP coverage pays survivor benefits for family members, if there is a fatality, including:
The good thing about no-fault states is that because there is no need to determine who is at fault, to get these PIP payments and you receive compensation more quickly.
In Kansas, you are prohibited from seeking compensation for pain and suffering unless you “breach the threshold.” This means that your medical bills must total $2,000 or more, or you have one of the following:
The Kansas personal injury attorneys at Neustrom & Associates have more than 40 years of experience handling car accident cases. We are here to fight your legal and insurance battles so you can focus on your recovery. To schedule a free consultation, call (785) 825-1505 or fill out the online form.
]]>A violent blow or jolt to the head can cause a concussion. A concussion is a type of traumatic brain injury. While concussions can be minor and temporary in nature, a severe blow to the head can cause permanent brain damage. Permanent brain damage can be caused by a lack of oxygen from swelling, a brain bleed, or stretching of cells or tissue from an injury.
There are some things that can worsen a traumatic brain injury (TBI) and cause serious complications. Here are some things you should know to see if you or a loved one has a high risk of developing permanent brain damage after a concussion.
The two main factors are age and gender. Adults age 65 and older have the greatest risk of being seriously injured from a traumatic brain injury. They are most likely to be hospitalized and die from a TBI. They are most likely to suffer one after a fall. Overall, those over the age of 50 do not do as well following a TBI when compared to younger victims.
Also, serious TBI rates are much higher for men than for women. Men are almost three times more likely to die from a TBI than women.
The extent of the damage is another factor. Permanent brain damage is tied to a loss of oxygen. How long was the brain deprived of oxygen? A shorter period of time means a better chance of recovery. The amount of time unconscious is also tied into this. The longer the coma, the higher the chance of experiencing permanent brain damage.
The location of the injury in the brain can also predict the victim’s outcome. For example, damage to the cerebral cortex, cerebellum, or basal ganglia is most likely to cause physical effects. Damage to the occipital lobe is linked to blindness and other visual problems. A person can suffer memory problems if there is damage to the hippocampus. Frontal lobe injuries can result in emotional issues and changes to personality. Damage to the pituitary gland can cause excessive tiredness, muscle weakness, decreased sex drive, weight gain, headaches, low blood pressure, and dry skin.
An electroencephalogram (EEG) can determine if a permanent brain injury is likely to occur. The EEG displays the electrical activity of the brain, and those with a normal EEG in the early days after a brain injury have a very good chance of making a full recovery. On the other hand, those with abnormal EEGs will likely have severe disabilities or not survive at all. MRI and DTI imaging also can locate areas of brain damage and help correlate the damage, with the type of loss of function our clients may have sustained.
Concussions and post-concussion syndrome are traumatic brain injuries. Any loss of a sense, memory loss, or cognitive deficits can result. A concussion can cause a wide range of effects, from dizziness to headaches to nausea to speech and memory problems. In severe cases, it can cause permanent brain damage.
If your concussion was caused by someone else’s negligence, get the help you need from the Kansas personal injury attorneys at Neustrom & Associates. No matter how difficult your case is, our lawyers can help you. Schedule a free consultation by filling out the online form or calling (785) 825-1505.
]]>When an employee is involved in a car accident while performing their work duties, the employer sometimes should be responsible for any resulting damages.
Vicarious liability occurs when the person causing the crash is at fault, but so is the person’s employer. This happens because employers are responsible for the people they hire. Even though the employer may not have directly caused the crash, their employee did, which makes them liable as well. Vicarious liability is a legal theory known as “respondeat superior,” which means “let the superior answer.”
Employers are held liable for car accidents for two reasons:
To hold an employer liable for vicarious liabille, there must be four elements involved. We would help you prove the driver was:
Separate from vicarious liability, when an employee causes a car accident, an employer may be considered negligent in any of the following ways:
Companies have a huge responsibility when it comes to their employees. They need to be held accountable or we all are at risk.
The Kansas personal injury attorneys at Neustrom & Associates can assess your case and determine liability. Multiple parties could be at fault for your car accident. To schedule a free consultation, call (785) 825-1505 or fill out the online form.
]]>Sometimes a person’s life is taken far too soon. Fatalities due to someone else’s negligence or intentional act entitle heirs to compensation.
You may be able to file a claim for compensation. In Kansas, a wrongful death lawsuit can be filed within two years of the person’s death. There are exceptions, the most common exceptions are for minors or incompetents. If you do not know if you are timely, ask us. You may wonder: what exactly qualifies as wrongful death? Here is a look at the state law.
Under Kansas State Legislature, Section 60-1901, a wrongful death occurs when a person’s death is caused by someone else’s wrongful act or omission. The law also states that a wrongful death claim can be filed if the deceased person could have brought a personal injury claim had they lived. What this means is that a wrongful death lawsuit is like a personal injury lawsuit, except that a family member is suing on the deceased person’s behalf.
Under the law, an unborn child in some instances may be included as a possible victim.
A wrongful death may occur from negligent acts, such as car, truck or motorcycle crashes, malpractice, workplace accidents, slips and falls, and other accidents. A wrongful death may also be intentional, such as a crime. A person who murders a person or otherwise intentionally causes them to die can be sued for wrongful death.
Under Kansas law, a deceased’s “heir at law” may bring a claim on behalf of all the heirs at law. Claim is made for damages of the decedent and family losses. In most cases, this includes:
In Kansas, any damages awarded in a wrongful death case are to be distributed among all eligible heirs. Damages may include financial compensation for:
Estate Claim
The estate can also bring a claim which we normally file in the same suit, for any conscious pain and suffering of the decedent, economic loss, and other damages of the decedent.
It is always tragic when a person dies unexpectedly, and their death could have been prevented. It is important to hold people and corporations accountable for their wrongdoing or fault. If your loved one was killed by someone else’s negligence, call us for information right away.
Count on the Kansas wrongful death attorneys at Neustrom & Associates to help you through this devastating experience. These claims are complex, and we know there is a lot on the line.
Schedule a free consultation today by calling (785) 825-1505 or filling out the online form.
]]>PBS Frontline is debuting an important documentary on Tuesday June 13th called “America’s Dangerous Trucks.” Many safety advocates were involved in making this documentary, including ProPublica. This documentary will explore the history of industry opposition to improve safety and much more. Learn more with the trailer for the documentary: https://www.pbs.org/wgbh/frontline/documentary/americas-dangerous-trucks/
]]>In general, people need to “stay in their lane,” or mind their own business. When driving on Kansas roadways, motorists also need to stay in their lane — literally. When they don’t, they can cause fatal car accidents.
This recently happened in Salina. A woman failed to keep her pickup truck in the appropriate lane, causing it to hit a vehicle on the shoulder. A passenger in that vehicle was killed.
The crash happened a few months ago. A young woman from Wichita was heading south in a pickup truck on Interstate 1-35 near Water Well Road. The truck crossed a center median for unknown reasons and hit a pickup truck on the shoulder of the northbound lanes. The impact caused the second pickup truck to catch fire.
A passenger in the second pickup, another young woman from Salina, was killed in the crash. The driver of that pickup suffered serious injuries and was taken to a Salina hospital. The woman driving the first pickup truck also suffered serious injuries and was taken to a Wichita hospital.
When a person is behind the wheel of a vehicle, their main job is to keep control of their vehicle. Unfortunately, this does not always happen. There could be an issue with the vehicle. Maybe road conditions are bad. Perhaps another driver is acting erratically.
Loss of control is the main cause of solo-vehicle crashes. It can happen in many ways. A driver may swerve to avoid a road hazard. A driver may be distracted and veer off the road.
There are a few main causes of loss of control:
When you are driving on Kansas roadways, you hope that other motorists will pay attention and drive safely. Unfortunately, this is not always the case. Your life is always at risk while behind the wheel.
The Kansas personal injury attorneys at Neustrom & Associates know what it takes to help you get the compensation you deserve after a traumatic accident. We genuinely care about you. To schedule a free consultation, fill out the online form or call (785) 825-1505.
]]>When you get into a car accident, you are legally supposed to stop at the scene and exchange information. You should also get medical help and wait for the police to arrive. Some drivers do not follow these laws, though. Instead, they keep on driving, hoping to elude the police and not get in trouble.
This is called a hit-and-run accident. Drivers may flee the accident scene for various reasons. Perhaps they are intoxicated. Maybe they have a warrant for their arrest. It could be that they do not have a driver’s license or insurance.
In any case, it is illegal. For the victims, it is a frustrating situation. The driver caused your injuries, and now they cannot be located, so how do you get compensation? Here is what to do after a hit-and-run crash.
Never follow the fleeing driver. You do not want to be accused of leaving the accident scene as well. Plus, you will miss getting witness accounts, and the police may question who is at fault.
Call 911 if you or someone else is injured. You should also call the police to the scene so they can assess the accident and file a report. This report can be useful for your insurance company when you file a claim.
While the other driver may have quickly left the accident scene, write down what you remember. This may include the vehicle’s make, model, and color, and the direction the vehicle was heading. Maybe you caught a few characters of the license plate number. Photos of the damage to your vehicle and the location and time of the accident can also be helpful.
If there are any witnesses, ask if they can supply additional information about the accident. Get their names and contact information so they can make a statement to your insurance company, if necessary.
Even if the driver is not found, you need to file a claim with your insurance company. There are a several coverages that can pay for the damage. For example, PIP will pay your medical bills, usually up to $4,500 and other bills. Collision coverage will pay to repair or replace your vehicle if it was involved in a collision with another object. You can make a claim regardless of fault.
There is also uninsured motor vehicle coverage, which will pay your damages including medical expenses, lost wages, pain and loss of function, or damages to your car if the at-fault driver does not have insurance or cannot be found. In fact, Kansas requires all drivers to have uninsured motor vehicle coverage.
If you are just reading this, think about getting good bodily injury coverage, as it covers this loss if you cannot find the other driver. If you only carry $25,000 in coverage, that is all you get for uninsured motorist coverage in a hit and run.
Getting in a car accident is never a fun time. When one of the parties leaves the accident scene, it can make things more complicated.
You do not have to feel helpless. The Kansas personal injury attorneys at Neustrom & Associates can assess your situation. We can help ease your burden and help you get full and fair compensation. Schedule a free consultation by calling (785) 825-1505 or filling out the online form.
]]>One of the most important things you can do after a car accident is to document it. This means taking photos and jotting down notes about the aftermath. You may not be thinking about all this, but having as much evidence and documentation as possible regarding your accident can strengthen your case and help you get the most compensation possible.
Here are some tips to go about it.
If anyone is injured, your first step should be to call 911 for help. If not, then calling the police should be your next step. Police officers can help facilitate the exchange of information between parties. Plus, a police report includes important information that can help insurance companies figure out who was at fault.
Today’s smartphones tend to have high-resolution cameras, which are perfect for visually documenting car accidents. Even if you think you are at fault for the crash, it is a good idea to document as much as possible because your evidence could prove otherwise. Take photos of the vehicles before they are moved from the crash site. Include landmarks to show where you are. Photograph the damage to all vehicles involved. You should also take photos of the other driver’s license and insurance information. Collect video statements from witnesses, if they are willing and the officer is not talking to witnesses.
If you are injured after a car accident, you will need to prove it. Even if you do not think you are hurt that bad, you should still seek medical attention and report all symptoms of all body parts that you feel could be hurt. Failure to do so will make it harder to prove that any injuries you develop later are caused by your accident.
Ask your doctor for copies of all the medical records associated with your post-accident treatment. You should create a file that contains the following:
After a car crash, it’s important to take the right steps. Having the proper documentation and evidence can greatly help your case by getting you full and fair compensation.
The Kansas personal injury attorneys at Neustrom & Associates can guide you in the right direction after a car crash. We work hard to hold others accountable when they have caused significant harm to you or a loved one. To schedule a free consultation, fill out the online form or call (785) 825-1505.
]]>You were involved in a car crash. Or maybe you are a victim of someone’s negligence.
Personal injury cases are common. A person could get injured in many ways. Nobody is immune to injuries. When they occur, they may be catastrophic in nature. As such, you may want to file a lawsuit against the liable party.
However, there are restrictions and guidelines that must be followed when filing a lawsuit. One of those elements is the timeline. You must file a lawsuit within a certain amount of time. Read on to learn about the requirements for Kansas.
You do not have an unlimited amount of time to file a lawsuit. Every state has timelines to file a claim. These are called the statute of limitations. In Kansas, the statute of limitations is normally two years for personal injury cases, as outlined in Kan. Stat. § 60-513. Personal injury and wrongful death are covered under this statute.
This means that you have two years from the date of the injury. Because injuries are not always apparent right away, the statute also uses the date that the injury could reasonably be discovered. Sometimes you get eight more years, or in medical negligence cases, It could be four. Minors get to age nineteen, but not past the statute or repose of eight or four years that may apply. Ask an attorney who handles these cases, before you decide what to do.
Kansas also tolled statutes of limitation for approximately a year, from March of 2020.
In short, you need to file your personal injury claim within the required time. If you wait and are just one day late, your claim will be denied. If you do not file the day before the statute runs, you lose. This means you will not be able to recover compensation for any damages.
Any delay can prevent recovery, if evidence is lost or the Defendant or witnesses cannot be found
Seek legal help from the Kansas personal injury attorneys at Neustrom & Associates. We have over 40 years of attorney and over 40 years of paralegal experience, so we know what needs to be done in order to file a successful lawsuit. Get started by scheduling a free consultation. Call (785) 825-1505 or fill out the online form.
]]>You just bought a motorcycle. You have your helmet, gloves, boots, jacket, and riding pants. But you might be forgetting something — your motorcycle insurance. Just like most other states, Kansas requires motorcycle riders to have insurance.
In Kansas, you are required to have the following types of insurance:
The owner of a motorcycle, who is the named insured, shall have the right to reject in writing insurance coverage including such benefits for injury to a person which occurs while the named insured is operating or is a passenger on such motorcycle or motor-driven cycle. …The fact that the insured has rejected such coverage shall not cause such motorcycle or motor-driven cycle to be an uninsured motor vehicle;
It is important to ensure you carry at least the minimum amount of insurance before you ride your bike. Not only will you be unable to register your motorcycle without doing so, but you will also face fines and license suspension. Plus, you will be on your own if you are ever in an accident; you will have to pay for all your damages out of pocket.
The minimum requirements listed above are just that: the minimum. Motorcycle accidents often result in catastrophic injuries due to a lack of protection. Therefore, you may want to consider additional coverage. UNINSURED MOTORIST COVERAGE IS FOR YOU, IF YOU ARE INJURED. Collision coverage will cover your bike in an accident under nearly every circumstance. Comprehensive coverage is another good option, as it will cover events such as fire, floods, wind, theft, and vandalism.
Motorcycle insurance may seem like a hassle (and an unnecessary cost), but it is for your own protection. Injuries from a motorcycle accident are often catastrophic, so you will appreciate having coverage if something does happen to you.
Injured in a motorcycle accident? The Kansas personal injury attorneys at Neustrom & Associates will work hard to get you the compensation you deserve for all your injuries. To schedule a free consultation with our office, call (785) 825-1505 or fill out the online form.
]]>