If you’ve been injured because of someone else’s negligence, you’re likely facing a difficult and uncertain time. Between medical appointments, time off work, and the emotional toll of the incident, the last thing you want is a long, drawn-out legal process. It’s natural to wonder how long a personal injury lawsuit takes in Kansas.
While there’s no single answer that fits every situation, understanding the steps involved can help set your expectations. Whether you were injured in a car accident or were bitten by a dog, every case is unique.
This guide will walk you through the typical personal injury lawsuit timeline so you know what to expect on the road ahead.
Initial Steps to Take After an Injury
It’s natural to feel overwhelmed and confused after suffering an injury. The steps you take after an accident can immensely help with your personal injury case and make the process run smoothly and more efficiently.
Here’s what you should do after an accident:
- Make sure everyone is safe and take steps to prevent further harm.
- Report the incident to the proper authorities.
- Exchange contact and insurance information with all parties involved.
- Document the scene, property damage, and any injuries.
- Obtain official reports or documentation for evidence.
- Seek medical attention, even for minor injuries.
- Do not admit fault or make statements that could affect your claim.
- Contact a personal injury attorney to discuss your rights and options.
- Notify your insurance company of the incident.
- Let your attorney handle communication with insurance adjusters.
Related: What to Do After a Car Accident in Kansas City
Seek Medical Attention and Hire a Lawyer
Seeking prompt medical attention after an accident is crucial, not only for your health but also for protecting your legal rights. Even if your injuries seem minor, a thorough medical evaluation can uncover underlying issues that may not present symptoms immediately. Medical records also serve as critical evidence when pursuing compensation for your injuries.
Additionally, hiring an experienced personal injury lawyer ensures that your case is handled professionally, allowing you to focus on recovery. A skilled lawyer will guide you through the entire personal injury case process and can communicate with insurers, gather evidence, and advocate for maximum compensation on your behalf.
The deadline for most personal injury claims in Kansas is two years. Under Kansas Statutes § 60‑513, actions for “injury to the rights of another” generally must be filed within two years of when the cause of action accrues.
Investigation and Evidence Collection
Once you have legal representation and have received medical treatment, your personal injury attorney will begin building your case. This phase involves gathering all the necessary information to prove who was at fault and what your damages are.
Your lawyer will collect evidence such as:
Documentation and Records
- Police reports from the accident scene
- Your complete medical records and bills
- Property damage to your vehicle or other personal property
- Pay stubs or other documents to show lost wages
Statements and Testimonies
- Statements from anyone who witnessed the incident
- Expert testimony from reconstructionists or medical professionals who can support your claim
- Your own statement of what happened
Visual Evidence
- Photos and videos of the accident and your injuries
- Any surveillance footage of the accident, if available
- In truck accident cases, their vehicle has black boxes that collect the truck’s time and distance
During this time, your attorney will also calculate the full extent of your damages. This includes not only your current medical expenses and lost income but also future medical needs, ongoing loss of earning capacity, and non-economic damages like pain and suffering.
Demand Letter and Negotiate a Settlement
After gathering sufficient evidence and waiting until you’ve reached maximum medical improvement (MMI), which is the point where your doctor feels your condition has stabilized, your attorney will draft and send a demand letter to the at-fault party’s insurance company. This letter outlines:
- The facts of the case,
- Establishes liability, and
- Demands a specific amount for settlement.
The insurance company will then have a set period, often between 30 and 90 days, to review the demand and respond. Their response could be to accept the demand, deny it, or make a counteroffer.
This begins the negotiation process, which can take several weeks or even months. Many cases are resolved at this stage without ever going to court.
Filing a Lawsuit
If the insurance company is unwilling to offer a fair settlement, your attorney may advise filing a lawsuit. This doesn’t mean your case will definitely go to trial, but it formally begins the litigation process.
Your lawyer will prepare a “complaint,” a legal document that details your claims, and file it with the appropriate court. The at-fault party, now the “defendant,” will be officially served with the lawsuit.
The Discovery Phase
After a lawsuit is filed, both sides enter the discovery phase. This is a formal process where each party can obtain evidence from the other. It ensures that there are no surprises if the case goes to trial. The discovery process can be brief or last several months, depending on the case’s complexity.
Common discovery tools include:
- Interrogatories: Kansas Statutes §60-233 is the law that governs written questions in Kansas. It explains who must answer, the timeline for responding (30–45 days), how answers must be provided (in writing and under oath), how objections work, and when business records can be used instead of direct answers.
- Requests for Production of Documents: These are separate from interrogatories. While §60-233 mentions that answers can refer to business records, formal requests for production are governed by a different rule (Kansas Statutes §60-234) and are specifically for obtaining documents, not just answering questions.
- Depositions: Depositions are also separate from interrogatories. §60-233 does not cover oral testimony; depositions involve live questioning under oath, usually recorded by a court reporter, and follow different procedural rules (Kansas Statutes §60-230).
Mediation and Settlement Conferences
Even after a lawsuit is filed, most personal injury cases settle before trial. Courts often encourage or require parties to try to resolve their dispute through methods like mediation.
In mediation, a neutral third-party mediator helps facilitate a conversation between you, your lawyer, the defendant, and their insurance company to find a mutually agreeable settlement.
Settlement conferences with a judge can also occur, where the judge provides input on the case’s strengths and weaknesses to encourage a resolution.
The Trial
If a settlement cannot be reached, your case will proceed to trial. While only a small percentage of cases go this far (around 3-4% according to the Bureau of Justice Statistics), your attorney will be prepared for it. Preparing for trial involves organizing evidence, preparing witnesses, and developing legal arguments.
During the trial, both sides will present their evidence, question witnesses, and make their cases to a judge or jury. At the end, the jury will deliberate and deliver a verdict.
The entire personal injury case timeline, from filing a claim to a trial verdict, can take 16-18 months or longer. That’s why it’s important to speak to an attorney immediately after being hurt in an accident to make your case as strong as possible.
Factors Affecting the Timeline
Several factors can influence the average time for a personal injury case to settle, including:
- Case Complexity: While every case is different, some can be more straightforward than others. A simple car accident case with clear fault will likely resolve faster than a complex medical malpractice claim involving multiple defendants.
- Severity of Injuries: If your injuries are severe and require long-term treatment, it will take longer to determine the full extent of your damages. It’s often wise to wait until you reach MMI before settling.
- Insurance Company Tactics: Some insurance adjusters are reasonable, but others may intentionally delay the process or make lowball offers, hoping you’ll grow impatient and accept less than you deserve.
- Court Backlogs: The court’s schedule can also impact how long a personal injury lawsuit can take. If the court is booked, your trial might not be for a long time.
How Our Firm Can Help
The legal process can be long and complicated, but you don’t have to go through it alone. An experienced personal injury attorney from The Law Offices of Peter A. Jouras, Jr. can guide you every step of the way.
We will handle all negotiations with the insurance company, manage the complex legal procedures, and prepare your case for trial if necessary, allowing you to focus on your recovery.
We understand that dealing with an injury is stressful enough without the added worry of a legal battle. While the timeline for a personal injury case in Kansas can vary, having a dedicated legal team on your side can make all the difference. If you have been injured and have questions about what steps to take, please don’t hesitate to reach out.
Contact us today to schedule your free, no-obligation consultation. Our founding attorney, Peter A. Jouras, Jr., has over 25 years of personal injury experience. We are located in Overland Park, Kansas, just north of I-435 and east of Metcalf Ave. We serve the entire Kansas City metropolitan area, including Kansas City, Missouri, and Kansas City, Kansas.
