A drunk driver’s choices can change your life in an instant. After the crash, you may be facing medical appointments, insurance calls, missed work, and a lot of unanswered questions. In moments like these, talking with a Wichita DUI injury lawyer is incredibly beneficial.
At Mann Wyatt Tanksley Injury Attorneys, we help accident victims navigate personal injury cases involving impaired drivers. While each case is different, our legal team draws on years of experience to pursue fair compensation and hold negligent parties accountable. We understand the high stakes of DUI cases and work to protect your best interests from day one.
Why Time Matters After a DUI Crash
In Kansas, victims generally have two years from the date of the accident to file a civil claim. While that might sound like a generous window, evidence doesn't wait. Witness memories fade. Surveillance footage gets deleted. Vehicles are repaired or destroyed. If your accident happened in Wichita or even Sedgwick County, speaking with a DUI attorney promptly can make a significant difference in preserving evidence and building a strong case.
Common Injuries in DUI Collisions
Like any auto accident, DUI-related crashes can result in a wide range of injuries, including:
- Traumatic Brain Injury (TBI)
- Spinal cord trauma and paralysis
- Broken bones and fractures
- Internal injuries
- Soft tissue damage
- Emotional and psychological distress
These injuries can translate into ongoing medical expenses, therapy costs, and long-term loss of function. Some victims live with these consequences for life. We’ve seen cases where even a seemingly minor concussion leads to permanent memory problems or mood changes.
Civil vs. Criminal: What’s the Difference?
It’s important to understand that criminal charges and civil claims are two separate legal tracks. A DUI charge or DUI conviction may result in jail time, fines, or license suspension for the impaired driver. But criminal penalties don't pay for your medical bills or lost income.
As injury lawyers, we focus on civil claims. That’s where we pursue financial compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of enjoyment of life
In DUI cases, an additional form of compensation—punitive damages—may be available. These are designed to punish the drunk driver for reckless behavior and deter others from doing the same.
How Kansas DUI Laws Impact Injury Claims
Kansas DUI laws define a DUI as driving with a blood alcohol content (BAC) of 0.08% or higher. When a drunk driver causes a crash, the BAC level may support a claim for punitive damages in civil court. But punitive damages are not automatic; they must be legally pursued, documented, and supported by evidence.
This is where years of experience matter. Our legal team at Mann Wyatt Tanksley Injury Attorneys knows how to build these claims and explain to insurance companies and or a jury why additional compensation may be warranted.
Evidence That Can Make or Break Your Case
After a crash, securing the right evidence is critical. Here are key pieces of documentation your Wichita DUI injury lawyer will likely pursue:
- Police reports and blood test results
- Photos of the crash scene and vehicles
- Eyewitness statements
- Medical records and expense documentation
- Surveillance or dashcam footage
Sometimes, a license suspension hearing can also uncover useful information that supports the civil case. For example, if a driver refuses a breathalyzer or blood test, that detail can become relevant when arguing for punitive damages.
The Role of Medical Documentation
One of the biggest challenges in personal injury cases is proving the full extent of your injuries. That’s why prompt treatment and accurate documentation are crucial. Not only does this help your recovery, but it can also strengthen your case.
If you delay treatment or skip follow-up appointments, insurance companies may argue that your injuries aren’t serious or related to the accident. On the other hand, consistent medical records tell a clear story of pain, treatment, and long-term impact.
Common Evidence to Collect:
- Emergency room records
- Bills from specialists and therapy providers
- Radiology reports (CT, MRI, X-rays)
- Prescription logs
- Medical prognosis notes
Valuing a DUI Injury Claim: Beyond the Bills
Financial compensation in DUI-related personal injury cases usually can extend beyond your initial ER visit. Here are the main types of damages we pursue:
Economic Damages
- Current and future medical expenses
- Lost wages and diminished earning capacity
- Property damage (vehicle repairs, replacement)
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of consortium or companionship
- Loss of enjoyment of life
Punitive Damages
- In cases involving a DUI conviction or strong BAC evidence
- Used to punish reckless conduct
We’ve handled countless cases where punitive damages played a crucial role in achieving meaningful settlements. Our trial attorneys understand how to present these claims in a way that makes sense to both insurance adjusters and juries.
Insurance Company Tactics in DUI Cases
Insurance companies may try to downplay the value of your claim, especially if the vehicle damage appears minor. We’ve seen cases where the defense argued that "it was just a bump" – only for a medical expert to testify that the victim suffered a severe concussion from hitting the steering wheel.
Some insurers may even use property damage photos to suggest that the injury couldn’t be serious. At Mann Wyatt Tanksley Injury Attorneys, we’ve exposed these tactics in trial and secured fair results when insurers underestimated the seriousness of our clients' injuries.
Accident Reconstruction and Expert Testimony
To counter defense strategies and prove liability, our legal team often works with:
- Accident reconstruction specialists
- Medical experts and treating physicians
- Vocational experts (to assess work impact)
These professionals help paint a complete picture of how the crash occurred, the extent of the injuries, and the real-life impact on the victim.
The Importance of Preserving Evidence Early
Quick action helps preserve crucial evidence, especially surveillance footage or skid marks that might disappear within days. When we’re hired early, our law office sends a letter of representation to the at-fault party and any relevant businesses (like a nearby QuickTrip with exterior cameras), demanding preservation of evidence.
Without this step, key footage or data rates can be overwritten or lost. That’s why it’s so important to contact a Wichita DUI injury lawyer as soon as possible.
Contingency Fee Basis: No Upfront Legal Fees
Many injury victims worry about affording a lawyer. At Mann Wyatt Tanksley Injury Attorneys, we represent clients on a contingency fee basis. That means you don’t pay anything upfront. We only collect a fee if and when we recover financial compensation for you.
This model enables access to justice without adding further financial strain during an already challenging time.
What Sets Our Legal Team Apart
We bring decades of combined trial experience. Our Wichita DUI lawyers understand both the personal toll of a serious injury and the legal complexities of DUI cases.
Here’s what we do differently:
- We listen first. Before we build your case, we take the time to understand your story.
- We think like the defense. Many on our team have experience handling civil defense cases, which helps us anticipate strategies from insurance companies.
- We fight smart. Whether it’s negotiating behind the scenes or presenting to a jury, our focus is on clear storytelling and tough advocacy.
If You’re Facing the Fallout of a Drunk Driving Crash, You’re Not Alone
The aftermath of a DUI accident can upend your life. But you don’t have to navigate the legal system alone.
If you’ve been injured in a DUI-related crash in Wichita or Sedgwick County, reach out to Mann Wyatt Tanksley Injury Attorneys. We offer a free consultation to help you understand your rights, preserve crucial evidence, and evaluate whether we’re the right fit for your case.
Frequently Asked Questions About DUI Injury Claims
How soon after a DUI arrest should I hire a personal injury lawyer?
As soon as possible. Waiting risks losing key evidence and gives the other side a head start.
Can I still recover compensation if the driver wasn’t convicted of DUI?
Yes. A criminal conviction isn’t required to file or win a civil injury case. Civil standards of proof are different.
What if the other driver’s insurance policy doesn’t cover all my losses?
If the policy limits are reached, we explore options like underinsured motorist coverage or personal assets of the at-fault party. In DUI cases, this happens often.
Will my case go to trial?
Most personal injury cases settle. But if the insurance company refuses to be fair, we prepare every case as if it’s going to trial.