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When someone else’s carelessness turns your world upside down, the right Wichita personal injury lawyer can help you regain control.

At Empower Injury Law, we’re here to lift the weight off your shoulders. While you focus on healing, we’ll handle the paperwork, the insurance runaround, and every detail of your case, so you can breathe easier knowing you’re not alone.

Let’s get your life back on track. Call us today for a completely free consultation.

HOW OUR WICHITA PERSONAL INJURY LAWYER GUIDES YOU THROUGH THE CLAIMS PROCESS

Infographic titled “Personal Injury Case Process” by Empower Injury Law illustrates six key steps in the Wichita personal injury claims process.

Injuries are hard enough. Your legal claim shouldn’t be. Here’s what the personal injury process looks like when you work with Empower Injury Law in Wichita:

  1. Free Legal Strategy Session

We begin with a no-cost case evaluation. A Wichita personal injury attorney listens to your story, reviews your case, and explains your options.

  1. Streamlined Client Onboarding

We gather the necessary documentation, set expectations, and establish seamless communication to keep you in the loop.

  1. Medical Support & Case Investigation

While you receive care, we secure accident reports, medical records, and other evidence to strengthen your claim.

  1. Settlement Demand Package

We prepare and send a detailed claim to the insurer, laying out liability, damages, and medical findings to support your demand.

  1.  Tough Negotiations

We stand firm against lowball offers. You deserve fair compensation, and we pursue it with determination, experience, and every resource we have.

  1. Resolution or Lawsuit

Most cases settle, but if they don’t, we’re fully prepared to go to trial and argue your case in court.

TYPES OF PERSONAL INJURY CASES WE HANDLE 

Car Accidents
Truck Accidents
Motorcycle Accidents
Pedestrian Accidents
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Bicycle Accidents
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Dog Bites
Premises Liability
Slip and Fall
Wrongful Death

HELPING PEOPLE LIKE YOU MOVE FORWARD

“As a local police officer, I know auto accidents can be complicated and tough to navigate, but Kevin made the entire process smooth and stress-free. He did an outstanding job handling my case. From day one, his communication was clear, prompt, and professional. I always knew where things stood, and he never left me guessing.

Kevin worked tirelessly to get the best possible outcome, and it was clear he genuinely cared about the result. He fought hard on my behalf and made sure every detail was handled with care and precision. If you’re looking for a lawyer who’s not only knowledgeable but also fully committed to his clients, Kevin is the guy you want in your corner.”

Blake

“I was in my first serious accident, and working with Kevin made all the difference. From the moment I called him, he took immediate action and gave me clear, helpful advice. He answered all my questions, addressed every concern, and was always easy to reach—never leaving me waiting for a response. Kevin made the entire process smooth and stress-free. He truly made me feel like family, and I can’t recommend him enough. If you’re looking for an attorney who genuinely cares and gets results, Kevin is the best in town. Thank you, Kevin, for everything!”

Naomi

PROVEN RESULTS FOR OUR CLIENTS

$2,300,000 Wrongful Death

Our client was an elderly man of modest means who was killed in a car accident by a reckless driver. The other driver claimed that our client was at-fault for causing the accident. After hard-fought litigation, we obtained a financial settlement that provided financial security for his widow and college funds for his grandchildren. 

$2,000,000 Motorcycle Accident

Our client was injured in a motorcycle accident when another car crashed into him at an intersection. He suffered a serious brain injury that left him permanently disabled. 

At first, the insurance company told his family there was only $100,000 in coverage to pay for his medical bills and replace his income for his family. However, our investigation revealed additional insurance coverages that provided him and his family with much-needed financial resources. Now, he doesn’t have to worry about taking care of his family while he continues to regain his health.

$2,000,000 Bicycle Accident

A teenager struck our client while our client was riding his bicycle around his neighborhood. Our client ultimately died from his injuries. 

The teenager had minimum insurance limits, but using creative legal strategies, we were able to unlock millions of additional coverage for our client’s family. 

Our client’s widow was able to retire early so she could spend more time with her family, while our client’s children could get a head start on retirement and become first-time homeowners. No amount of money will ever replace a loved one, but we were able to pull a few blessings from this very tragic situation.

$800,000+ Semi-Truck Accident

Our client was hit on the side of her car by a fully loaded semi-truck when the truck driver made a last-second lane change to avoid taking an exit on the highway. Our client suffered spinal injuries that were so severe she couldn’t work in her job as a house cleaner anymore, and she didn’t have health insurance to get the treatment she needed to get better. 

We were able to help her find medical providers who would work with her insurance situation. Then we got her a settlement that paid off her medical bills and put a large amount in her pocket so she could start a new career as a real estate investor. She’s doing well now.

$300,000 Car Accident

Our client was t-boned by a young driver when he was passing through an intersection on his way home from work. He suffered a serious concussion and soft tissue orthopedic injuries that made it difficult for him to work in his landscaping job. 

The insurance company initially offered him $10,000, but after we got involved, we were able to get the full limits of the at-fault driver’s insurance policy. He used the money to support himself and his family while transitioning to a less labor-intensive career.

UNDERSTANDING PERSONAL INJURY CLAIMS IN WICHITA, KS

If you’ve been hurt due to someone else’s negligence, recklessness, or intentional actions, a personal injury claim gives you the legal right to hold them accountable and seek compensation for your losses.

In Wichita, these claims often stem from car crashes, unsafe property conditions, or defective products. Depending on the circumstances, your case may fall into one of the following legal categories:

Negligence

The majority of personal injury cases are rooted in negligence. This means a person or business failed to act with reasonable care, resulting in someone else’s harm. For instance, a driver who texts behind the wheel and causes a wreck, or a grocery store that doesn’t clean up a spill, may be considered negligent under the law.

Intentional Misconduct

If your injuries were caused on purpose, such as through an assault, battery, or other deliberate act, you may still have grounds to file a personal injury claim. These cases are separate from criminal proceedings and are meant to help you recover damages like medical expenses and emotional trauma.

Strict Liability

In some cases, especially those involving dangerous or defective products, you don’t have to prove fault. Under Kansas’s strict liability laws, a manufacturer can be held legally responsible if a product they sold caused injury, even if they weren’t negligent.

HOW TO PROVE A PERSONAL INJURY CLAIM IN WICHITA

To move forward with a personal injury claim in Kansas, we must show that someone else’s actions or failure to act caused your injury and the harm you’ve experienced. It all comes down to four main elements:

Infographic by Empower Injury Law for Wichita personal injury lawyer highlighting the elements of a negligence claim.

Duty of Care

The first step is showing that the other person had a legal responsibility to act in a safe and reasonable way. For example, drivers must obey traffic signals and avoid distractions, while business owners are expected to keep their premises free from hazards that could harm customers.

Breach of Duty

Next, we must demonstrate that the person failed to meet that responsibility. This could mean texting while driving, failing to fix a known hazard, or disregarding safety procedures. A breach of duty is what sets the stage for liability.

Causation

Then we must prove a direct link between the breach and your injury. This means showing that your harm wouldn’t have happened if the other party had acted responsibly. Without this connection, there’s no legal basis for holding them accountable.

Damages

Finally, your lawyer must show that you suffered actual harm because of the incident. This can include medical expenses, lost income, property damage, physical pain, emotional distress, and the overall impact the injury has had on your life.

HOW SHARED FAULT AFFECTS PERSONAL INJURY CLAIMS IN KANSAS

Kansas uses a modified comparative negligence system when determining compensation in personal injury cases. This legal rule means that if multiple people are responsible for an accident, each person’s level of fault affects how much they can recover in damages.

How the Rule Applies

Under Kansas law, you can only receive compensation if your share of the blame is less than 50%. If you’re found 50% or more at fault, you won’t be able to recover any damages. If you are less than 50% at fault, your compensation is reduced by your percentage of responsibility.

Example Scenario

Imagine you’re involved in a crash at Kellogg Drive and South Rock Road, one of the most crash-prone intersections in Wichita. In 2023 alone, this busy junction saw 99 reported accidents, more than any other intersection in the city.

Let’s say you were driving slightly over the speed limit when another driver ran a red light and hit your vehicle. After the investigation:

  • You’re found 30% at fault due to speeding
  • The other driver is 70% at fault for ignoring the traffic signal
  • Your total damages are $100,000
  • Because you’re 30% responsible, your compensation would be reduced to $70,000

Why This Matters for Your Case

Insurance companies often try to shift blame onto injury victims to minimize payouts. That’s why it’s important to have an experienced personal injury attorney on your side.

At Empower Injury Law, we know the most dangerous roads in Wichita and how to build a case that tells the full story. We investigate every detail, consult expert witnesses when needed, and push back against unfair fault claims to help you pursue the full compensation you deserve.

STATUTE OF LIMITATIONS FOR WICHITA PERSONAL INJURY CLAIMS

If you were hurt in an accident in Wichita or elsewhere in Kansas, it’s important to act quickly. The statute of limitations sets a strict deadline for taking legal action, and missing it could mean losing your right to seek compensation altogether.

Personal Injury Cases

In most situations, Kansas law gives you two years from the date of the injury to file a personal injury lawsuit. If you wait too long, even a strong case can be thrown out by the court.

Wrongful Death Lawsuits

If a loved one passes away because of someone else’s negligence or wrongdoing, Kansas law gives surviving family members two years from the date of death to file a wrongful death claim, not from the date of the accident.

Claims Involving the Government

Different rules apply if your injuries were caused by a public employee or government entity, such as a crash with a city vehicle or a fall on public property. Under the Kansas Tort Claims Act, you may be required to file a formal notice of your claim within 120 days of the accident.

Missing this shorter deadline could keep you from filing your claim, even if you’re within the standard two-year window.

Navigating these deadlines can be stressful, especially when you’re dealing with pain, treatment, and recovery. A knowledgeable Wichita, KS injury lawyer from Empower Injury Law can help make sure your case is filed on time and positioned for success from the very beginning.

TYPES OF COMPENSATION AVAILABLE TO WICHITA, KS PERSONAL INJURY VICTIMS

An unexpected injury can leave you with mounting bills and lasting stress. In Kansas, you have the right to seek compensation, and a Wichita personal injury lawyer can help you pursue the financial and personal recovery you deserve.

ECONOMIC DAMAGES

These damages cover the measurable, out-of-pocket costs tied to your injury, both past and future. They are typically proven with receipts, medical records, employment documents, and expert evaluations. Examples include:

  • Medical Costs: Hospital stays, surgeries, medications, rehabilitation, medical equipment, and follow-up care
  • Lost Wages and Earning Potential: Income you missed due to recovery time, and future losses if your injury limits your ability to work
  • Property Damage: Repair or replacement of damaged belongings such as your car, phone, clothing, or other valuables affected in the incident

NON-ECONOMIC DAMAGES

These damages relate to the emotional, physical, and psychological impact of your injury—the things that don’t come with a receipt but deeply affect your life. Kansas law recognizes that these losses are just as real as financial ones.

      • Pain and Suffering: Discomfort and long-term physical challenges caused by the injury
      • Emotional Distress: Mental health effects such as anxiety, depression, or PTSD
      • Loss of Enjoyment of Life: When your injury prevents you from engaging in activities you once loved—whether it’s hobbies, sports, or time with family

 

LIMITS ON NON-ECONOMIC DAMAGES UNDER KANSAS LAW

Personal Injury Lawsuits

In 2019, the Kansas Supreme Court removed the cap on non-economic damages for most personal injury cases involving private individuals or businesses. This means there is no legal limit on what a jury can award for pain, emotional suffering, or loss of enjoyment of life, unless the case involves a government agency.

Claims Involving Public Agencies

When your injuries are caused by a government organization, such as a city, county, public school, or hospital, Kansas imposes a strict cap on your total compensation. Under the Kansas Tort Claims Act, combined economic and non-economic damages cannot exceed $500,000.

This limit applies no matter how severe the injuries are or how many individuals were harmed. In addition, punitive damages are not allowed against any government entity.

Wrongful Death Lawsuits

In cases where a loved one has died due to negligence or wrongful conduct, Kansas law still enforces a cap of $250,000 for non-economic damages such as emotional distress and loss of companionship. Since wrongful death is a statutory claim, this limit still applies today.

PUNITIVE DAMAGES

Most personal injury compensation covers losses like medical bills or lost income. Punitive damages, however, are meant to punish especially harmful behavior.

Under Kansas law, punitive damages may be awarded in cases involving intentional misconduct, fraud, malice, or behavior that shows a reckless or extreme disregard for the safety of others, often referred to as willful or wanton conduct.

When Are Punitive Damages Awarded in Kansas?

Unlike other forms of compensation, punitive damages go through a two-part process in Kansas courts:

    1. Higher Proof Standard:
      To seek punitive damages, the injured person must show clear and convincing evidence that the at-fault party acted with extreme carelessness or intentional harm. This standard is higher than what’s needed to prove ordinary negligence.
    2. Separate Phase for Award Amount:
      If the court determines that punitive damages are justified, a second stage of the trial is held to decide how much should be awarded. The jury doesn’t determine this amount during the regular trial phase.

 

Kansas Limits on Punitive Damages

Punitive damages in Kansas are capped by law. Here’s how those caps work:

      1. Initial Cap:
        The court must begin with the lesser of:

        • The at-fault party’s highest gross income in any one of the five years before the incident, or
        • $5 million
      2. If That’s Not Enough:
        If the judge believes that the amount is too low to serve as a meaningful punishment, the cap may be raised to up to 50% of the at-fault party’s net worth, but only in situations where the original limit is deemed insufficient.
      3. If the At-Fault Party Profited from Their Actions:
        If the at-fault party gained a profit from their misconduct and that profit is greater than the standard cap, Kansas law allows the court to award up to one and a half times the profit earned or expected.

 

What a Kansas Punitive Damages Award Might Look Like

Let’s say a business:

      • Had $1 million in gross income during its highest-earning year
      • Held $10 million in net worth
      • Made $6 million in profit from the harmful act

Here’s how a Kansas court might handle it:

      • The default cap would be $1 million (highest gross income)
      • The judge could raise it to $5 million (50% of net worth) if necessary
      • But because the company profited $6 million, the court could instead award up to $9 million (1.5 times the profit)

HOW MUCH IS MY WICHITA PERSONAL INJURY CASE WORTH?

No two injury claims are the same. The potential value of your case depends on multiple factors, like how serious your injuries are, how much you’ve spent (or will spend) on medical treatment, how much time you’ve missed from work, and the long-term impact the injury has on your quality of life.

If you’re wondering what your case might be worth, it helps to understand how these variables influence compensation. This short video explains the key elements determining the value of a Wichita personal injury claim.

COMMON MISTAKES TO AVOID AFTER AN ACCIDENT IN WICHITA

What you do right after an accident can make a big difference in your personal injury case. Here are some common missteps and how to avoid them:

Skipping Medical Care

Even if you feel okay, see a doctor right away. Some injuries take time to show up, and waiting can hurt both your health and your case. Follow treatment plans and keep all records.

Not Reporting the Incident

Always report the accident to the police, property owner, or employer. This creates a record that supports your claim. Be sure to get a copy of the report.

Saying Too Much

Avoid apologizing or making statements that could sound like you’re admitting fault. Stick to the facts and let your attorney handle the rest.

Failing to Document

If it’s safe, take photos, collect witness info, and write down what happened. The more details you preserve, the stronger your claim.

Taking a Quick Settlement

Early offers from insurers are usually low. Don’t accept or sign anything without first talking to a personal injury lawyer who can assess what your claim is really worth.

Need Help?

At Empower Injury Law, we guide Wichita accident victims from day one. Even if you’ve already made a mistake, we’re here to help you move forward. Contact us today for a free consultation.

HOW MUCH DOES A PERSONAL INJURY LAWYER COST?

If you’re recovering from an accident in Wichita, the last thing you need is the stress of legal bills. At Empower Injury Law, we believe cost should never be a barrier to getting the help you deserve.

No Upfront Costs

Your first consultation is 100% free. You won’t pay anything out of pocket to get started, and there are no hidden fees just for speaking with us.

Pay Only If You Win

We handle every personal injury case on a contingency fee basis. That means we only get paid if we recover compensation for you through a settlement or trial. If your case doesn’t result in a recovery, you owe us nothing.

Transparent and Straightforward

From day one, we’ll explain how our contingency fee works in plain language. No fine print. No surprises. Just clear answers so you can move forward with confidence.

CONTACT A WICHITA PERSONAL INJURY LAWYER TODAY

You shouldn’t have to deal with the aftermath of an accident alone. Whether you’ve been injured in a car crash, slip and fall, or another incident, Empower Injury Law is here to support you with care, clarity, and confidence.

We’ll take the time to understand your situation, explain your legal options, and pursue the compensation you’re entitled to, with no upfront fees and no pressure.

Call (816) 892-9909 or contact us online to schedule your free consultation today.

Areas We Serve

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