1. DeVaughn James Injury Lawyers
Focus Area: Personal injury with emphasis on motor vehicle accidents
Practice Areas: Car accidents, trucking accidents, semi-truck accidents, wrongful death, nursing home injuries
Background: DeVaughn James Injury Lawyers operates as the largest personal injury law firm in Kansas. The firm maintains multiple office locations including East Wichita, West Wichita, Kansas City, and Topeka in Kansas, plus a Missouri office in Kansas City. The firm employs a large group of dedicated attorneys and legal staff focused exclusively on personal injury representation.
Location: Multiple Wichita locations (East Wichita and West Wichita offices)
Contact: (316) 684-4400 | https://www.devaughnjames.com/
Consultation: Free personal injury case evaluation with no commitment. The firm operates on a “No Fee Guarantee” contingency fee basis.
2. Warner Law Offices
Focus Area: Personal injury and wrongful death with courtroom litigation focus
Practice Areas: Car accidents, truck accidents, motorcycle accidents, pedestrian accidents, slip and fall accidents, medical malpractice
Background: Warner Law Offices has more than 25 years of experience representing personal injury victims in Wichita and throughout Kansas. Attorney Thomas M. Warner Jr. was named to the Best Lawyers 2024 Medical Malpractice (Plaintiffs) Lawyer of the Year in Wichita. He was instrumental in the Kansas Supreme Court decision that declared the state cap on noneconomic damages in personal injury lawsuits unconstitutional. The firm has obtained multi-million dollar settlements for clients.
Location: 310 W Central Ave Ste 110, Wichita, KS
Contact: 866-584-1032 | https://www.warnerlawoffices.com/
Consultation: Free case consultation. Contingency fee structure where no fee is charged unless the firm wins.
3. Hutton & Hutton Law Firm, LLC
Focus Area: Personal injury litigation with national reach
Practice Areas: Auto accidents, mass torts, medical malpractice, catastrophic injuries, wrongful death, product liability
Background: Founded in 1979, Hutton & Hutton Law Firm is the oldest personal injury practice in Kansas. The firm has recovered more than $400 million for clients. Mark B. Hutton has practiced personal injury law for over 34 years, including a $23 million verdict in a baby brain damage case where he served as lead counsel. The firm has been named in Best Law Firms listings. The Wichita Eagle has referred to the firm as “the leading products liability firm in the state…renowned for litigation and medically related cases.”
Location: 8100 E. 22nd Street North, Building 1200, Wichita, KS
Contact: (316) 688-1166 | https://www.huttonlaw.com/
Consultation: Free consultation offered. Contingency fee basis with no recovery, no fee arrangement.
4. Brad Pistotnik Law
Focus Area: Trucking and commercial motor vehicle accidents
Practice Areas: Semi-truck accidents, tractor-trailer accidents, commercial motor vehicle accidents, fleet vehicle accidents, farm and construction equipment accidents, car accidents, motorcycle accidents
Background: Bradley A. Pistotnik graduated from the University of Kansas School of Law in 1981 and has 43 years of experience practicing personal injury law. The firm maintains a staff of 20 legal personnel with five attorneys. The firm files suit whenever necessary and handles cases throughout Kansas. Brad Pistotnik is a member of the Wichita Bar Association, Kansas Association of Justice, and Kansas Bar Association.
Location: 10111 East 21st St, Wichita, KS 67206
Contact: (800) 241-2723 | Available via firm website
Consultation: Free consultation offered
5. Prochaska, Howell & Prochaska LLC
Focus Area: Personal injury and catastrophic injury representation
Practice Areas: Car accidents, truck accidents, birth injuries, wrongful death, catastrophic injuries, premises liability
Background: Prochaska, Howell & Prochaska LLC serves clients in Wichita and surrounding Kansas communities. The firm has successfully won fair compensation for personal injury victims over many years. The attorneys focus on cases where individuals suffered injuries due to another party’s failure to use reasonable care.
Location: Wichita, Kansas
Contact: (800) 266-0036 | https://phpattorneys.com/practice-area/personal-injury/
Consultation: Free consultation with no fees unless the firm wins the case.
Personal Injury Laws in Kansas
Statute of Limitations: Kansas law provides a two-year statute of limitations for personal injury claims under Kansas Statutes Section 60-513. This applies to negligence claims including car accidents, slip and fall injuries, premises liability, wrongful death, medical malpractice, and product liability. The limitation period typically begins on the date of injury. For minors, the statute may be extended to one year after the 18th birthday, but not more than eight years after the accident. Intentional torts carry a one-year limitation period.
Negligence Rule: Kansas follows a modified comparative negligence system under Kansas Statutes Section 60-258a. An injured party can recover damages only if their percentage of fault is less than 50%. If found 50% or more at fault, the injured party is barred from any recovery. Damages are reduced proportionally by the percentage of fault attributed to the injured party. For example, if an injured party is 20% at fault and total damages are $60,000, recovery would be reduced to $48,000.
Damage Caps: The Kansas Supreme Court ruled in June 2019 that the statutory cap on noneconomic damage awards in personal injury cases is unconstitutional, meaning this limitation can no longer be enforced for general personal injury claims. However, wrongful death cases maintain a cap of $250,000 on noneconomic damages. Punitive damages in Kansas are limited to less than $5 million or the defendant’s annual gross income. Claims against governmental entities have separate caps under Kansas Statutes Chapter 12 for municipalities and Chapter 75 for state agencies.
Auto Insurance Requirements: Kansas is a no-fault state, meaning each driver’s own insurance pays for their initial medical expenses and related costs regardless of fault. Kansas requires drivers to carry liability insurance of 25/50/25: $25,000 bodily injury per person, $50,000 bodily injury per accident, and $25,000 property damage. Personal Injury Protection (PIP) is mandatory with minimum coverage including $4,500 for medical expenses, $900 per month for up to one year for disability/loss of income, $25 per day for in-home services, $2,000 for funeral expenses, and $4,500 for rehabilitation expenses. Kansas also requires uninsured/underinsured motorist coverage at 25/50 minimums. Drivers can step outside the no-fault system and pursue claims against at-fault parties if medical bills exceed $2,000 or injuries qualify as “serious.”
Frequently Asked Questions
How does Kansas being a no-fault state affect my personal injury claim after an accident in Wichita?
As a no-fault state, your own insurance company pays your initial medical expenses and lost wages through Personal Injury Protection (PIP) coverage, regardless of who caused the accident. You can still pursue a claim against the at-fault driver if your medical bills exceed $2,000 or you suffered serious injuries such as permanent disfigurement, fractures, or permanent impairment. PIP covers up to $4,500 in medical expenses and $900 per month for lost income for up to one year.
What qualifies as a “serious injury” that allows me to sue the at-fault driver in Kansas?
Kansas law defines serious injuries as those involving permanent disfigurement, bone fractures, permanent loss of a body function, or permanent impairment of a body system. If your injuries meet any of these thresholds, or if your medical bills exceed $2,000, you have the right to step outside the no-fault system and file a claim directly against the negligent driver for all damages including pain and suffering.
Are there caps on how much I can recover in a Wichita personal injury case?
For general personal injury claims, the Kansas Supreme Court declared the statutory cap on noneconomic damages unconstitutional in 2019, so juries can now determine appropriate compensation without an artificial limit. However, wrongful death cases still have a $250,000 cap on noneconomic damages. Claims against government entities in Kansas also have specific damage limitations.
What happens if the other driver was uninsured or underinsured after my Sedgwick County accident?
Kansas requires all drivers to carry uninsured/underinsured motorist (UM/UIM) coverage with minimums of 25/50. If the at-fault driver lacks insurance or has insufficient coverage, your own UM/UIM policy would cover your medical costs and other damages up to your policy limits. This coverage activates after your PIP benefits are exhausted.
How long do I have to file a personal injury lawsuit after an accident on Kellogg Avenue or the Kansas Turnpike?
Kansas provides a two-year statute of limitations for personal injury claims. The deadline begins on the date of your injury. Missing this deadline typically means losing your right to file a lawsuit, regardless of how strong your case may be. Evidence preservation is also important, as witnesses may become unavailable and physical evidence may disappear over time, making prompt action advisable.