A major injury may turn your life around in an instant. You may see medical bills mount up and your job grow difficult or impossible. You may also experience tension, pain and difficult decisions about what to do next. If someone else caused your injuries, you may be able to recover money for your losses. But to file a personal injury claim, you need to do more than just prove you were wounded. You must tie the injury to someone else’s acts and establish the damages that resulted. Personal injury law in Kansas City might also have rigorous standards about fault, proof, deadlines and damages. Learning these principles early can help safeguard your claim.
First Know What is a Personal Injury Claim
Many types of accidents might result in personal injury claims. Car wrecks happen all the time, but that’s one example. A claim can contain:
- Motor vehicle accidents
- Trucks & Motor Cycles
- Pedestrian crashes
- Slip and fall accident injuries
- Dog bite
- Unsafe condition of property
- In some circumstances workplace injuries
- Injuries from defective products
- Some types of medical malpractice
In each case the circumstances matter. Someone may have been seriously hurt, but that alone does not establish legal liability. To be successful with a claim it is usually necessary to prove that the other party was negligent or in breach of a duty due to the injured party.
Who Might Be Liable for Your Injuries?
The individual who caused the accident is not always the only person that matters. For example, the driver in a crash may be reckless or the vehicle owner or employer. A slip and fall in a store may lead to questioning the actions of the property owner and the state of the premises. There may be more than one party at blame sometimes. Missouri is a pure comparative fault state. A person’s own culpability may diminish the damages received rather than automatically bar reimbursement. The rule places significant importance on proof. Say the jury decides your total damages are $ 100,000. If it deems you 20% at fault, your award may be reduced by that amount. The precise result will rely upon the facts and legal difficulties in the case. Which is why you should not assume that a mistake means you have no claim.
What Proof Can Aid Your Case?
Evidence can evaporate faster than you think. Photographs could go missing, witnesses forget facts, damaged property may be fixed or replaced. Start collecting records as soon as you can. Useful evidence may consist of:
- Photos and videos from the scene of crash
- Police reports/incident reports
- Medical records and invoices
- Names and contact details of witnesses
- Lost earnings payment records
- Insurance letters and claims papers
- Images of apparent wounds
- Damage to the property records
- Messages or e-mails concerning the accident
- Notes on pain, therapy and loss of employment
Your medical treatment is important, too. If you can, keep your appointments and follow your doctor’s directions. Not every claim is destroyed by a break in treatment. But insurers may query why care was terminated or therapy delayed. Good records can assist tell the story of what happened.
Don’t jump On An Insurance Offer
You may be contacted by an insurance company shortly after an accident. They may ask about the incident, or possibly offer an early settlement. Watch out. An early offer may not represent the full cost of your injury. You could still need treatment, therapy or surgery. You may possibly have future wage loss that is not known at this time. Look at the complete picture before you accept a settlement. Consider this:
- What medical treatment will I need in the future?
- Have I gone back to work?
- Did I lose wages or a career opportunity?
- How has the injury affected your day-to-day life?
- Is this injury going to have ramifications down the road?
- Does the offer include all known losses?
If you sign a settlement agreement, you may lose your right to collect more money for the same claim. This is a decision which should be well thought out, particularly if the injury is serious.
What Damages Can Victims Recover?
The object of damages is to recompense for loss suffered by reason of the injury. The value of a claim will rely on the facts, proof and sort of harm involved. You may be able to claim compensation for a personal injury claim including:
Medical Expenses: This may include emergency care, hospital costs, drugs, therapy and other associated treatment.
Lost Income: Serious injuries may prevent a person from working. Income lost during recovery can be covered by a claim.
Future losses: Some injuries will prevent a person from working for months or years. There, the future loss of money might matter.
Pain and suffering: Physical injury and emotional harm can be part of a personal injury claim.
Property Damage: Certain accidents could also result in damage to a vehicle or other property.
Not all types of damages are claimed for all damages. The available recovery is determined by the facts and the law that applies. Punitive damages are not ordinary compensation. Missouri law has certain conditions for requesting them, including clear and convincing evidence of certain serious offenses.
It’s The Deadline That’s More Important Than You Realize
Procrastination is one of the easiest mistakes to make. Missouri’s general statute of limitations provides a five-year period for various claims of injury to a person or to another person’s rights that are not based on a contract and to which no other period applies. That doesn’t mean every personal injury claim has five years. Different claims will have different time limits. There may be separate rules for claims against the government, for medical care, for wrongful death, or for other particular facts. And making a claim with an insurance company is different from filing a lawsuit. That is why injured persons should not use the five-year term to put off treatment. It is easier to gather evidence while events are fresh.
What if You Take Some of the Blame?
This is a common problem following an accident. Perhaps you were going a little fast before another driver was involved in a major accident, and it was an accident. Perhaps you missed a warning sign before a fall. These facts may matter, but they don’t always support your argument. Missouri is a comparative fault state, meaning a person’s damages can be lowered depending on how much culpability they bear. The other side may try to lay extra responsibility on you. And this is where the facts matter. Photos, witness accounts, medical records, reports, video footage and other data can help reveal what really happened. Don’t guess at blame. Let the existing evidence speak.
Do you need to talk to a personal injury attorney in Kansas City?
Not every little injury requires a lawyer. Some disputes are rather straightforward and can be settled through an insurer. If the damage is substantial, the fault is in dispute or the insurance company will not make a reasonable offer, a lawyer can help. Legal help can be especially valuable when:
- You have sustained a significant or permanent injury.
- There could be more than one person at fault.
- The other driver denies fault.
- An insurance company says you are at fault.
- There are large medical bills in your claim.
- You can’t return to your regular employment.
- The insurance disputes the amount of your damages.
- You might have to sue.
A lawyer can evaluate the facts, explain your legal choices, gather proof and negotiate with the insurance company. That can relieve some of the burden as you concentrate on therapy and healing.
A strong claim begins before court
People think of a courtroom when they think of personal injury law. Most claims require a lot more work before they get to trial. The first steps could involve gathering documents, analyzing reports, finding witnesses, reviewing medical evidence and calculating losses. Your deeds matter too. Don’t publish extensive comments about the accident on social media. Don’t overstate your injuries. Do not remove any messages, images or other records regarding the incident. Tell your story simply and honestly. You don’t need a perfect case to have a good claim. You need facts to back up your position.
Take the Next Step Wisely
If you are injured, it is easy to feel overwhelmed. You may be in discomfort, while attempting to juggle finances, job and insurance calls. One step at a time. Get medical help. Keep your paperwork. Save evidence. Be cautious when talking to insurers. Above all, don’t make a big settlement decision without knowing what you’re giving up. Kansas City personal injury law involves rules that can affect your rights and what you may be able to recover. Missouri’s culpability laws and filing deadlines are just part of the story. If you have serious injuries or your claim is in dispute, consulting with an experienced Kansas City personal injury lawyer should help you understand your choices before filing.
Frequently Asked Questions
1. What is the statute of limitations for filing a personal injury lawsuit in Kansas City?
Short answer: There are exceptions, but most personal injury lawsuits in Missouri must be filed within five years.
Detailed answer: Missouri Revised Statutes Section 516.120 sets a five-year limitation on a number of actions for injury to a person or rights of another. For other forms of claims, there may be different deadlines. You should not rely upon any broad deadline without knowing the details of your case.
2. Am I entitled to a refund if I was partly to blame?
Short answer: Yes, partial fault does not necessarily limit recovery under Missouri’s comparative fault standards.
Detailed Answer: Missouri is a pure comparative fault state. A person’s share of fault may diminish the amount of compensatory damages granted. The fault assigned to each party must be proved by the evidence.
3. After a personal injury accident, what happens?
Short answer: Obtain medical treatment, conserve evidence, and document your damages.
Detailed answer: When safe, take photos, collect witness information, save medical records, and save insurance documents. Don’t speculate on fault or make statements that could be misconstrued at a later date.
4. Should I accept the first offer of insurance settlement?
Short answer: Don’t take an offer until you know what you’re giving up in full.
Detailed Answer: An early offer may not cover future therapy, lost income, ongoing suffering, or other losses. If you accept a settlement, you may forfeit the right to get extra money for the same claim.
5. When You Should Call a Kansas City Personal Injury Attorney
Short answer: If you have serious injuries, a dispute about who was at responsibility, or your insurer won’t pay what you’re owed, get a lawyer involved.
Detailed Answer: A lawyer can look at the facts, explain how to make a claim, gather proof and deal with insurance companies. Getting legal guidance early can also stop you from making mistakes that could harm your claim.
