Car accidents are an unfortunate reality of modern life, often resulting in various injuries and significant financial burdens. Understanding the common types of car accident injuries and the potential compensation available can help victims navigate the aftermath more effectively. At Besse Law Office P.A. in Overland Park, KS, we are dedicated to providing legal support and securing the best possible outcomes for our clients. In this blog post, we'll explore common car accident injuries, factors influencing compensation, and the steps involved in claiming your rightful compensation.

Common Types of Car Accident Injuries

Whiplash

Rear-end collisions often cause whiplash, a common injury from car accidents. This injury occurs when the head is suddenly jerked forward and then backward, causing strain or sprain to the neck muscles and ligaments. Whiplash can lead to neck pain, stiffness, headaches, and dizziness. While these symptoms might seem minor initially, they can develop into chronic pain and long-term problems if not treated properly.

Broken Bones

The impact of a car accident can easily result in fractures or broken bones. Commonly affected areas include the arms, legs, ribs, and facial bones. Depending on the severity, broken bones can require extensive medical treatment, including surgery, physical therapy, and prolonged recovery periods. These injuries can lead to significant pain and mobility issues, affecting the victim's ability to work and perform daily activities.

Traumatic Brain Injuries (TBI)

Traumatic Brain Injuries (TBIs) are among the most severe and life-altering injuries sustained in car accidents. They occur when the head suffers a violent blow or jolt, causing damage to the brain. TBIs, which can range from mild concussions to severe brain damage, can cause cognitive problems, memory loss, and permanent disabilities. People with TBIs usually need ongoing medical care and rehabilitation.

Spinal Cord Injuries

Spinal cord injuries can result in partial or complete paralysis, drastically changing a victim's life. Spinal cord injuries happen when the force of a car accident damages the spinal cord. Depending on the location and severity of the injury, victims may experience loss of sensation, motor function, and mobility. Spinal cord injuries necessitate extensive medical treatment, adaptive devices, and lifelong care.

Soft Tissue Injuries

Soft tissue injuries happen when muscles, tendons, and ligaments are damaged. These injuries, including sprains, strains, and contusions, can cause significant pain and limit mobility. Soft tissue injuries often require physical therapy, medication, and sometimes surgery for full recovery. Despite their less visible nature, these injuries can severely impact the quality of life and ability to perform daily tasks.

Factors Influencing Compensation for Car Accident Injuries

Severity of Injuries

The severity of the injuries sustained in a car accident is a primary factor in determining compensation. More severe injuries typically require more extensive medical treatment and longer recovery times, resulting in higher compensation amounts. Factors such as the type of injury, required medical procedures, and long-term effects are considered in the evaluation process.

Medical Expenses

Medical expenses incurred as a result of the accident play a significant role in the compensation process. This includes costs for emergency care, hospital stays, surgeries, medications, physical therapy, and any other necessary medical treatments. Documenting all medical expenses is crucial for accurately calculating compensation.

Lost Wages

Car accident injuries often result in time away from work, leading to lost wages. Compensation can cover the income lost during the recovery period, as well as any future earning potential if the injuries result in long-term or permanent disability. Providing documentation of employment and wage history is essential for this aspect of the claim.

Pain and Suffering

Compensation for pain and suffering accounts for the physical pain and emotional distress caused by the accident and resulting injuries. This non-economic aspect of compensation considers the impact on the victim's quality of life, including factors such as chronic pain, emotional trauma, and loss of enjoyment in activities.

Liability and Negligence

Establishing liability and negligence is crucial in the compensation process. Determining who was at fault for the accident and proving their negligence is essential for securing compensation. This often involves gathering evidence, such as police reports, witness statements, and accident reconstruction, to support the claim.

Steps to Take After a Car Accident

Seek Medical Attention

Even if you feel okay after a car accident, it's crucial to seek medical attention immediately. Some injuries, like internal bleeding or concussions, might not be obvious right away. Prompt medical evaluation ensures that any injuries are documented and treated appropriately.

Document the Accident Scene

If possible, document the accident scene by taking photos and collecting information from all parties involved. This includes capturing images of vehicle damage, road conditions, and any visible injuries. Additionally, gather contact information from witnesses and the other driver(s) involved.

Report the Accident

Notify law enforcement and file a report of the accident. A police report provides an official account of the incident and can be valuable evidence when pursuing a compensation claim. Make sure you get a copy of the police report for your own records.

Contact a Car Accident Attorney

Reaching out to an experienced car accident attorney is crucial for navigating the legal complexities of your claim. At Besse Law Office P.A., our skilled attorneys can guide you through the process, protect your rights, and ensure you receive fair compensation. We handle the legal aspects, allowing you to focus on your recovery.

Keep Detailed Records

Keep a careful record of all medical treatments, costs, and communication about the accident. This includes receipts, medical bills, and any correspondence with insurance companies. Organized documentation is essential for building a strong compensation claim.

How Compensation is Calculated

Economic Damages

Economic damages include tangible financial losses resulting from the accident. This covers medical expenses, lost wages, property damage, and any other out-of-pocket costs incurred. These damages are typically calculated based on actual expenses and financial documentation.

Non-Economic Damages

Non-economic damages account for intangible losses such as pain and suffering, emotional distress, and loss of consortium. Calculating non-economic damages is more complex and often involves considering the severity of the injury, its impact on the victim's life, and legal precedents.

Punitive Damages

If the driver who caused the accident was extremely reckless or careless, you might be able to get punitive damages. These damages punish the driver and discourage others from doing the same thing. Punitive damages are less common but can significantly increase the overall compensation.

Settlement vs. Trial

Many car accident claims are settled out of court through negotiations between the parties involved. Settlements offer a quicker way to resolve a case without going to trial. However, if a fair settlement can't be reached, taking the case to court might be necessary. An experienced lawyer can help you decide the best option.

Contact Besse Law Office P.A. in Overland Park, KS

If you or a loved one has been injured in a car accident in Overland Park, KS, don't hesitate to reach out to Besse Law Office P.A. Our experienced attorneys can guide you through the complexities of your car accident case and help you get the compensation you deserve. Call us today at (913) 341-0005 for a free consultation. Let us help you start your path to recovery and justice.

We will also represent you for workers' compensation, DUI, personal injury, and social security disability.

Frequently Asked Questions (FAQs)

• How long do I have to file a car accident injury claim in Kansas?

  You generally have two years from the date of the accident to file a personal injury claim in Kansas. It's crucial to file within this timeframe to preserve your right to seek compensation.

• What should I do if the insurance company offers me a settlement?

  It's wise to consult with an experienced car accident lawyer before accepting any settlement offer from an insurance company. Insurance companies often offer lower settlements initially, and an attorney can help ensure you receive fair compensation.

• Can I still get money if I was partly at fault for the accident?

  Kansas follows a comparative fault rule, which means you can still receive compensation even if you were partially at fault. But you'll get less money if you were partly responsible for the accident. For instance, if you were found to be 20% at fault for the accident, your compensation would be reduced by 20%.

• What types of evidence are important for my car accident injury claim?

  Critical evidence for a car accident injury claim includes the police report, medical records, photographs of the accident scene and injuries, witness statements, and any available video footage. This evidence helps establish liability and the extent of your injuries.

• How much will it cost to hire a car accident lawyer?

  At Besse Law Office P.A., we work on a contingency fee basis for car accident injury cases. This means you don't pay any upfront fees, and we only get paid if we successfully secure compensation for you. Our fee is a percentage of the settlement or court award, ensuring that quality legal representation is accessible to everyone.