Car accidents are a pervasive and often life-altering reality on roadways in Overland Park and surrounding areas. Crashes involving injury remain common across the Kansas City metro, and many victims are left facing medical bills, missed work, and a long recovery through no fault of their own. If you suffered due to a motoristโs negligence on the road, you may have legal options to recover compensation for medical expenses, lost wages, or other losses. To support you during this challenging time, you need a highly qualified personal injury lawyer to handle your car accident claim so you can concentrate on recovery.
At Hollis Law Firm, we help you level the playing field against insurance companies and their unfair tactics. Without our representation, they may attempt to deny or diminish your claim. We know that recovering compensation is essential for your healing process. Thatโs why we are here to help you understand the worth of your case, identify liable parties, and pursue the most favorable outcome for your circumstances.
โ Time-Sensitive โ Kansas Law Limits Your Window to File
You generally have 2 years from the date of your accident to file a car accident lawsuit in Kansas.
Hollis Law Firm offers a free consultation, works on a contingency fee basis with no fee unless we win, and lawyer Jason Chambers brings more than 15 years of experience to Overland Park car accident cases.
Table of Contents
- Why Should You Hire an Overland Park Car Accident Lawyer?
- Common Causes of Car Accidents in Overland Park
- How Is Liability Determined in a Car Accident?
- Statute of Limitations for Overland Park Car Accident Claims
- What to Do Immediately After a Car Accident in Overland Park
- Types of Injuries in Overland Park Car Accidents
- Recoverable Damages in a Successful Car Accident Claim
- Frequently Asked Questions About Overland Park Car Accident Claims
Why Should You Hire an Overland Park Car Accident Lawyer?
After a car accident, insurance adjusters may attempt to contact you with a settlement offer for your damages. While these individuals may seem helpful, it is essential to remember that they represent their own interests, which do not align with yours. At Hollis Law Firm, we know the unfair tactics they use against you and protect your rights from initial consultation to the resolution of your car accident claim.
We handle the following details on your behalf, offering compassionate support and guidance every step of the way:
- Conducting a detailed investigation into your car accident
- Gathering relevant evidence such as police reports, medical records, paperwork, and photo and video footage
- Interviewing eyewitnesses
- Negotiating with insurance companies on your behalf
- Offering legal guidance and knowledge to increase your chances of a successful outcome
- Working with medical experts and car accident reconstruction specialists to strengthen your claim
Often, injuries can impact victims weeks, months, and even years in the future. As such, hiring an experienced car accident lawyer can help protect you from accepting a settlement that does not support your long-term recovery. We take into account all of your damages, including present and future losses, to help you pursue the compensation you deserve. You can learn more about our team on our About Us page.
Common Causes of Car Accidents in Overland Park
Understanding what causes car accidents in Overland Park can help you recognize when another driverโs negligence played a role in your crash. Some of the most frequent causes include:
Distracted Driving
Texting, calling, or using a GPS while driving takes a motoristโs attention off the road and increases the risk of a crash.
Speeding
In 2024, speed was a factor in 4,614 crashes across Kansas that injured nearly 1,500 people, according to the Kansas Traffic Safety Resource Office.
Drunk or Impaired Driving
Driving under the influence of alcohol or drugs remains a leading cause of serious and fatal crashes. Learn more about drunk driving accident claims.
Failure to Yield or Follow Traffic Signals
Running red lights, ignoring stop signs, or failing to yield the right of way often leads to intersection collisions.
Poor Weather and Road Conditions
Rain, ice, and poorly maintained roads reduce visibility and traction, which can increase the likelihood of a crash.
Aggressive Driving and Tailgating
Following too closely or weaving through traffic leaves little time to react and often results in rear-end collisions.
Identifying the cause of your crash is often the first step toward determining who may be held liable for your damages.
How Is Liability Determined in a Car Accident?
Car accidents are unpredictable and traumatic events. Determining an at-fault party on your own can be challenging, especially as you are focusing on healing. At Hollis Law Firm, we may gather evidence to prove the following elements of negligence:
Duty of Care
The opposing motorist owed you a duty to drive safely and follow traffic laws.
Breach of Duty
The opposing motorist breached that duty through a negligent or reckless action.
Causation
That breach directly caused you to suffer injuries in the crash.
Damages
You suffered economic and non-economic damages as a result of the accident.
Potential at-fault parties can include the following:
- An opposing driver: If an opposing driver was operating their vehicle recklessly or negligently, they may be liable for the collision. For example, driving under the influence, speeding, hit and run, or texting while driving.
- A pedestrian: If a pedestrian did not follow traffic signals or did not give you enough time to stop, they may be at fault.
- Manufacturer: If a defective vehicle part contributed to the accident, the manufacturer may be liable under a product liability claim.
- Government agency or property owner: Property owners and government agencies are legally obligated to keep roads safe. They may be liable under a premises liability claim if a pothole or poor road conditions caused the accident.
- An employer: If a company vehicle driver was on duty when the accident occurred, their employer might be held responsible for damages.
According to statute 60-258a, Kansas follows a modified comparative negligence rule, stating that victims who are found to be 51% or more at fault for accident injuries cannot obtain compensation. However, if you are less than 50% responsible, you can recover damages adjusted to your percentage of fault. Due to this, it is vital to hire a car accident lawyer who will work to prove liability so you can pursue the maximum compensation available to you.
Statute of Limitations for Overland Park Car Accident Claims
Kansas law gives you a limited window to pursue compensation after a car accident. Under K.S.A. 60-513, you generally have two years from the date of your accident to file a personal injury lawsuit in Kansas. If a car accident results in a fatality, the same two-year deadline generally applies to a wrongful death claim.
In some cases, an injury is not immediately apparent. Kansas recognizes a discovery rule that can allow the filing window to begin when the injury is reasonably discovered rather than the date of the crash itself. Missing this deadline typically means losing your right to pursue compensation in court, so it is important to speak with a car accident lawyer as soon as possible after your accident.
What to Do Immediately After a Car Accident in Overland Park
The steps you take right after a crash can affect both your health and your ability to recover compensation later. Consider the following:
Call the Police and Seek Medical Attention
Report the accident and get evaluated even if you feel fine, since some injuries take time to appear.
Document the Scene
Take photos of the vehicles, road conditions, and any visible injuries, and collect contact information from witnesses.
Notify Your Insurance Company
Report the accident to your own insurer, but avoid giving a recorded statement to the other driverโs insurance company before speaking with a lawyer.
Check for Uninsured or Underinsured Motorist Coverage
If the at-fault driver lacks adequate insurance, your own policy may provide a path to compensation.
Contact a Car Accident Lawyer
A lawyer can help you understand your options before you accept any settlement offer from an insurance company.
Types of Injuries in Overland Park Car Accidents
Car accidents can result in a wide range of injuries, some of which may not be immediately apparent right after the crash. Common injuries include whiplash, broken bones, and more serious harm such as a traumatic brain injury or a spinal cord injury. In the most tragic cases, a car accident can result in death, and surviving family members may have the option to pursue a wrongful death claim. The severity of your injuries can significantly affect the value of your claim, which is why thorough medical documentation matters from the start.
Recoverable Damages in a Successful Car Accident Claim
In a successful car accident claim, victims are able to recover different types of economic and non-economic damages intended to compensate for the losses and hardships related to a collision caused by negligence. The specific damages that are available may vary based on the circumstances of the case but typically include the following:
| Damage Category | What It Covers |
|---|---|
| Medical Expenses | Present and future medical treatment and rehabilitation |
| Lost Wages | Lost wages and reduced future earning capacity |
| Property Damage | Repair or replacement of your vehicle and belongings |
| Pain and Suffering | Physical pain and reduced quality of life |
| Mental Anguish | Emotional and psychological effects of the accident |
In some cases, negotiations with insurance companies may not lead to a satisfactory settlement. When this happens, your car accident lawyer will file a lawsuit and represent you in court.
Frequently Asked Questions About Overland Park Car Accident Claims
Below are answers to some of the most common questions our Overland Park car accident lawyer receives from accident victims.
Do I have a valid car accident case in Overland Park?
If another driverโs negligence, such as speeding, distracted driving, or failing to yield, contributed to your accident, you may have grounds to pursue compensation. A free consultation with a car accident lawyer can help you understand whether you have a valid claim.
What is the deadline to file a car accident claim in Kansas?
Kansas law generally gives you two years from the date of your accident to file a lawsuit under K.S.A. 60-513. Waiting too long can result in losing your right to pursue compensation.
How much does it cost to hire a car accident lawyer?
Hollis Law Firm works on a contingency fee basis for car accident cases, meaning there is no upfront cost and no fee unless we recover compensation for you.
Can I still recover damages if I was partly at fault for the accident?
Kansas follows a modified comparative negligence rule under statute 60-258a. If you are found less than 50% at fault, you may still recover damages, reduced by your percentage of fault.
What should I do if the insurance adjuster contacts me first?
You are not required to give a recorded statement to the at-fault driverโs insurance company. Speaking with a car accident lawyer before responding can help protect your claim.
At Hollis Law Firm, lawyer Jason Chambers brings more than 15 years of experience to every Overland Park car accident case, working to hold negligent drivers accountable and pursue fair compensation for our clients. We offer a free consultation and work on a contingency fee basis, so you pay nothing unless we recover for you.
If you or a family member was injured in a car accident in Overland Park, contact Hollis Law Firm today by calling (800) 701-3672 or filling out our contact form to schedule your free consultation.