No one expects to be a victim of a car accident while traveling to and from their destination in Topeka. Surprisingly, one study found the vast majority of car accidents happen in good weather during daylight hours. The most important part of being involved in a car accident is the immediate aftermath. What a car accident victim does after the event can be the difference between collecting money for their injuries and losing their personal injury case.
Our free book gives you the legal guidance you need to make smart and well thought out decisions and make sure you’re not losing thousands of dollars.
Immediately after the car accident, pull over to the side of the road. If the other driver flees the scene, there is nothing an accident victim can do about it. Check for injuries. The accident victim should make a note of any injuries they or their passengers may have.
Call the Topeka police department. They should come to the scene so a police report can be made. The report allows a driver to protect their legal rights when filing a claim because it has vital information about the accident.
If the driver who caused the scene is still there, be sure to exchange contact and insurance information. It is vital to obtain information like their name, phone number, and insurance information to know who to sue.
It is also important to obtain contact information from a witness who saw the accident happen. They will be helpful in any lawsuit against the at-fault driver. For instance, they provide supportive evidence to help win or settle the case.
Take pictures of the accident scene and any injuries. These pictures will help determine negligence in a car accident case. Also, if pictures can’t be taken at that moment, try to take them as soon as possible.
Contact the car insurance company within 24 hours of the accident. Tell them information like:
Do not share any other information with the car insurance company. Anything discussed can be used against the driver if the claim must be resolved in court.
One of the biggest mistakes a car accident victim makes is not going to the hospital or doctor after the accident. They may feel fine. They do not think they are injured. However, symptoms of injuries often are not immediate. The injury can occur immediately, but the adrenaline from being in an accident prevents the accident victim from feeling the pain for days.
When an accident victim does not seek medical treatment, they can decrease the amount they may be awarded. Also, it makes it easier for the wrongful party to claim they did not cause any injuries.
The last step to take after a car accident is to contact a Topeka car accident lawyer for legal representation. Contact Patton & Patton for help protecting your legal rights and getting the money you deserve. Contact us.
This is often a very complicated question. Before deciding whether or not to settle your claim outside of court or filing a lawsuit, you should discuss your case with a professional. Usually, it’s best for you to settle your case out of court as litigation can be very expensive. After a case goes to court, you will likely need experts and doctors to offer testimony who will charge for their time. Insurance companies will likely be paying a lawyer by the hour. The is usually enough financial incentives to make sure the case gets settled before going to trial.
If you have not notified your own insurance company, do that. Most insurance policies will have medical pay provisions that will cover the initial medical bills and loss of wages. Have your company send you the forms.
Below you will find some background information about accidents but go to the menu above if you want more information about your legal claim. There are over 61,000 Auto Accidents in Kansas each year. Many of these auto accidents are in metro areas including Topeka, Kansas. We are a Topeka law firm with a great love for Topeka and the people who live here. Topeka residents are not immune to car accidents. We do not know the number of car accidents in Topeka but we all hear about them every day. Most of the auto accidents result from driver fault or negligence. If you are hurt in a Topeka auto accident, one of our Topeka car accident lawyers can help you both to know your rights and settle your claim.
After an auto accident in Topeka call our experienced car accident lawyers, Patton and Patton Chartered.
The insurance company is not on your side; you need help. You are not represented by the insurance company. Get yourself an advocate. The insurance adjuster knows the law; you do not. The insurance adjuster wants to settle the claim as low as possible; you want a full recovery. One of our Topeka car accident lawyers will be on your side helping you not the insurance company. Call us. The call is free.
We handle serious injury claims and calling us will give your claim the strong representation you deserve.
Well for starters you can bet it’s worth more than the insurance company will offer, and if not we will let you know right away. Usually, the more severe the impact, the more severe are the injuries and therefore the settlement is higher. But you will need someone to make sure your claim includes an evaluation of future wage loss, future pain, future disability as well as the current medical bills. We consider all these factors and more. We can go over the details in your first conference.
There are some cases where going to trial is necessary. More often than not this happens when key elements of the case are a little bit ambiguous and both sides can’t agree. Perhaps both sides can’t agree on which side party is at fault for the accident. Or perhaps there was an aggravation to a pre-existing condition which is less straightforward than a new injury. When there is this type of disagreement to the facts of the case then going to trial becomes much more likely because the values that each party assigns to the claim will vary widely.
If the disagreement is about fault, here’s an important question to ask. How much fault does the defendant bear? Kansas is a comparative negligence state. That means as long as the plaintiff is less than 50% at fault for the accident, they can still recover damages, but the recovery is reduced in proportion to the fault. If a jury finds the defendant is 75% at fault then he is obligated to pay 75% of the damages. This means that if you can demonstrate to a jury that the other party was more at fault than you were for the accident, it might still be worth taking the case to trial particularly if the settlement offer from the insurance company is extremely low. But of course, the question is not how much you think the other party is at fault, but given the facts, how will a jury evaluate fault.
The final decision of going to trial comes down to evaluating the cost of trial to the potential gains. There are a very complex set of factors at play when making this evaluation, and you should not try to make this decision without consulting an experienced legal professional. You can also download our free book, Every Person’s Guide to Saving Thousands of Dollars: Your Auto Accident Claim. It is a very helpful resource for auto accidents claims, and it can help you decide what to do next.
Before you sign anything, get your case evaluated for free.