Next Steps After An Accident

According to statistics from the Kansas Department of Transportation (KDOT), there were 52,469 traffic crashes statewide in 2020, causing 15,997 injuries and 426 fatalities. Traffic accidents usually leave victims confused about the next steps to take or how to recover damages for their injuries.

However, what you do or fail to do following the incident can have a significant impact on the outcome of your injury claim. An experienced Kansas personal injury attorney can advise you about the next steps to take after an accident and help determine the best course of action.

At Biesterveld & Crook, LLC, we’re poised and ready to guide, support, and represent accident victims and their loved ones in their injury claims.

Using our extensive knowledge, we can attempt to fight compassionately to protect your legal rights and help you pursue fair financial compensation for your injuries, damages, or loss. We’re proud to serve clients across Overland Park, Johnson, Douglas, and Shawnee Counties in Kansas, Jackson County, Missouri, and the Kansas City Metro area.

Steps to Take After an Accident

The period after getting injured in an accident can be confusing to sort through. However, the steps you take – or do not take – can significantly affect your ability to pursue damages and the amount of compensation you may be entitled to. Therefore, when involved in an accident, you should take the following steps where possible:

Stay Calm: You may feel unsettled or terrified after an accident. This is completely normal. Nevertheless, it is important that you stay calm and don’t let your emotions overcome you.

Perform a Safety Check: After the accident, your safety, health, and general well-being should be your priority. Carefully exit your vehicle – or the accident scene. Get to safety and help other accident victims if you can.

Get Immediate Medical Attention: Call 911 to receive adequate medical treatment for your injuries and other victims. Seeking immediate medical help from a qualified physician is crucial:

• For your overall health, safety, and general well-being
• To determine the magnitude of your physical injuries
• To detect any hidden injuries and symptoms
• For proper documentation when filing your personal injury claims
• To avoid possible issues with the insurance provider
• To comply with insurance requirements

Report to Police: If no officer is present, Kansas law requires the driver or an occupant age 18 or older to report the crash immediately, using the quickest available means, to the nearest authorized police agency when someone is injured or killed, there is apparent property damage of $1,000 or more, or the people entitled to receive the required information are absent or unable to receive it. See K.S.A. 8-1604.

Documentation: Gather and record the following information and documentation:

• Relevant information about the other driver, including the driver’s name, phone number, address, vehicle registration number, license number, and insurance information
• Police reports
• Witness statements and testimonies.
• Accident scene photos
• Medical records, including medical bills, medical reports, hospital records, physical therapy, and doctor’s appointments
• A personal account of the incident and how it affects your daily life and work

Inform Insurance Company: Notify your insurance carrier about the accident. Some insurance companies in Kansas need policyholders to report any accident as soon as possible after the incident.

Hire an Attorney: Hire a skilled attorney to guide you through the injury claims process and help negotiate a fair settlement with the insurers involved.

However, you need to act quickly to avoid misplacing vital documents or forgetting vital information. A skilled personal injury attorney can evaluate every detail of your unique circumstances and educate you about the potential pitfalls to avoid when seeking your injury claims.

Potential Pitfalls to Avoid

Here are some potential pitfalls to avoid when seeking your injury claims:

Statute of Limitations: Many Kansas injury lawsuits have a two-year deadline, but the claim type, when the injury became reasonably ascertainable and any applicable exception can affect the calculation. Do not assume an insurance claim satisfies the deadline for filing a lawsuit. Have a lawyer check the deadline for your case promptly. See K.S.A. 60-513.

Consider All Accident-Related Costs: Before accepting the insurer’s settlement offer, consult with your attorney. Your lawyer can evaluate all accident-related costs, including property damages, lost wages, pain and suffering, and other possible damages.

Consider Future Care Before Settling: Before signing a settlement release, review what the payment covers and which claims you would give up. Ask your medical providers about expected future treatment and any lasting limitations, and discuss those costs and uncertainties with your lawyer. Your lawyer can assess whether more medical information is needed and identify deadlines that still apply while you are receiving care.

Review the Offer Before Deciding: Evaluate the offer on its terms, not just whether it is the first offer. Review the evidence, available coverage, expenses, future losses and release language with your lawyer before accepting or rejecting it. Ask about any response deadline. A lawyer can advise you about negotiation and other options, but cannot promise a higher offer.

Uninsured Driver: An uninsured driver may still be legally responsible for the crash. Whether to sue that driver, pursue UM benefits or take both steps depends on the facts and available coverage. Ask a lawyer to review your options and any insurer-notice requirements before filing suit or signing a settlement. Kansas law permits a UM coverage exclusion when a lawsuit is filed against the uninsured driver without notice to the insurer. See K.S.A. 40-284.

Here to Guide You Through Every Step

Being involved in an accident caused by a negligent party can be an overwhelming experience. Such an unfortunate incident can result in physical injuries, hospitalization, missed time at work, or reduced productivity. Regardless, you don’t have to suffer the pain and financial liability all by yourself. Therefore, if you were injured in a negligent accident, you need to reach out to a qualified personal injury attorney to protect your rights and enlighten you about the next steps to take.

At Biesterveld & Crook, LLC, we have the diligence, resources, and expertise to support and advocate for the best interests of accident victims. Our attorneys can evaluate and investigate all of the facts of your case and determine the right steps to take in order to recover damages.

Contact Biesterveld & Crook, LLC today to schedule a simple case assessment with experienced car accident attorneys. Our proficient legal team can inform you of the claims process and help you fight for the financial justice you deserve. We’re proud to serve clients across Overland Park, Johnson, Douglas, and Shawnee Counties in Kansas, Jackson County, Missouri, and the Kansas City Metro area.