I Was Hurt In Auto Accident – Can I Recover For My Pain And Suffering?

Published January 1, 2012 | By admin

Another interesting aspect of the Kansas "no fault law" relating to car wrecks, is the requirement that you must either sustain a permanent injury, or incur more than $2,000.00 in medical expenses before you can make a claim for pain and suffering. In other words, unless you have a permanent injury or your medical bills exceed $2,000.00, your recovery for any injuries sustained in the automobile accident will be limited solely to the payment of your medical expenses and any lost earnings. Once you have met the threshold requirement of $2,000.00 or more of medical expenses, or you have been diagnosed with a permanent injury, you can then make a claim against the responsible party for pain, suffering, mental anguish and other non-economic loss.

Although many states have very similar laws, your right to recover payment for medical expenses and other losses will depend on the particular law of the state in which the auto accident occurred. For example, Missouri insurance policies have "Medical Pay" coverage and not the Personal Injury Protections benefits required in Kansas. Furthermore, Missouri does not have a threshold requirement of medical expenses which must be incurred before you can make a claim for your pain and suffering. First and foremost, you should always contact legal counsel as soon as possible to determine your rights and protect your interests if you have been injured in an automobile accident.