Author:
Kimberly J. Benjamin, Founder & Managing Attorney
December 11. 2021.
Our Kansas City Personal Injury Attorneys Are on Your Side
A personal injury occurs when a person suffers bodily injuries or emotional harm from an accident caused by another person’s negligent, careless, or wrongful actions. Such injuries may arise from traffic accidents, slip and fall accidents, medical malpractice, defective products, or other circumstances.
Missouri is an at-fault state. Under Missouri’s at-fault system, the person responsible for the accident (at-fault party) will hold liability for any bodily injury or property damages suffered by the accident victims.
In the case of wrongful death, injury victims (or their loved ones) are within their rights to hold the party responsible for the accident or injury liable and recover damages.
Personal injury claims are legal disputes that arise when a person suffers an injury, property damage, or loss from an accident resulting from someone else’s careless actions.
If you have suffered injuries at the hands of another party, our local personal injury lawyers will guide you through each step of your personal injury case and help you obtain maximum compensation for your injuries.
At the Missouri Accident and Injury Law Center, Benjamin Law Firm, we are dedicated to providing experienced legal guidance and compassionate representation to injury victims and their loved ones.
Over the years, our legal team has handled many personal injury cases and helped countless clients recover the money they need and deserve to cover medical bills, lost income, future medical care, property damages, and compensation for their long-term pain, discomfort, and suffering.
Why Do You Need a Kansas City, MO Personal Injury Lawyer?
When an individual suffers a personal injury, like being injured in a car, motorcycle accident or a truck accident, or in a slip and fall accident on someone else’s property, he or she may be entitled to file a claim and recover damages.
In some cases, individuals can handle a claim and deal with insurance firms independently, thus saving legal fees. However, other cases require the help of experienced lawyers in Kansas City, Missouri.
If your injuries include just a few scrapes and bruises, and the accident you’ve suffered is minor, you are comfortable with the settlement offered by an insurance company, and you don’t mind researching the settlement process on your own, you may not need a lawyer.
But, you have to be careful because sometimes it takes time for a medical professional to discover the full extent of your injuries.
Depending on the accident circumstances, you may be entitled to pain and suffering damages that a settlement from an insurance company does not include. Also, while the goal of those who suffered injuries is to get as large of a compensation award as possible, the goal of insurance providers is to pay as little as possible.
This is why you need a legal advisor who can guide you about your case, your available legal options, and the process you might need to go through. It will help you understand your circumstances and plan your next step after your recovery and decide on your plans.
Skilled Personal Injury Lawyer Understands What Is at Stake
If you try to handle a complicated personal injury claim independently, you risk complicating the process. You must understand what is at stake if you mishandle your case. Our experienced Kansas City personal injury attorneys will review and investigate the surrounding facts of your situation and help determine the possible ways to pursue damages.
Having an experienced attorney along with you during such hard times will help you go through the process easily. Moreover, you will make wise decisions to shape your life better.
Our personal injury firm proudly represents clients throughout the Kansas City area of Missouri and the surrounding areas of Jackson County, Grandview, Lee’s Summit, Blue Springs, and Belton in their personal injury cases. In all cases, we aim to build a cordial and trustworthy attorney-client relationship – that’s what makes us different from others.
What Types of Personal Injury Cases Do Kansas City Attorneys Handle?
There are different types of personal injuries claims, including:
- Vehicle accidents – (such as car accidents, motorcycle accidents, truck accidents, drunk driving accidents) Although they might be common, even a minor motor vehicle accident in Kansas City, MO can be complicated—causing severe injury (like the brain or spinal cord injury) that heals for years, and insurance companies that are not willing to pay higher compensation than necessary.
- Medical malpractice – Medical malpractice occurs when a medical doctor fails to uphold certain standards and ensure the safety and well-being of individuals who require medical treatment. If their negligence results in injuries, they can hold responsible medical professionals accountable and receive damages.
- Wrongful death – If someone else’s negligent actions cause death to another person, the victim is considered to have had a wrongful death. Surviving family members may file a claim demanding compensation for funeral arrangements, lost earnings, as well as loss of companionship and support.
- Nursing home abuse – Whether physical, emotional, or financial, nursing home abuse occurs when medical professionals or staff who are supposed to care for their patients act in any way that leads to potential or actual harm to the patients.
- Product liability – Retailers and manufacturers are responsible for stocking and producing safe products for their consumers. When that is not the case, and a defective product has caused you harm, you should consult a qualified attorney and a law firm because there may be potential for a class-action lawsuit.
- Premises liability – Managers and owners of certain properties must keep their grounds safe and well-maintained. If they fail to do that, and it leads to a serious accident injuring those who visit the premises, victims may have the right to obtain significant compensations.
No matter what your case is, Kansas City, MO, wrongful death and personal injury lawyers can help. Even if you are looking for free legal information, you can contact our law firm to assist you with legal information.
What Compensation Can I Recover for a Personal Injury Case?
In Missouri, comparative fault laws determine the percentage of damage that each party is responsible for in an accident. Missouri follows the “pure comparative fault” rule.
According to the principle, an injury victim may be allowed to pursue damages even if he or she was partially or mostly responsible for the incident. However, the number of damages that may be recovered will be limited by the party’s actual percentage of fault.
For example, if the judge or jury decided that your total damages equal $50,000, and the court found you to be 20 percent at fault for the accident, your damages will be reduced by $10,000 (20% of $50,000). You will only be allowed to recover $40,000 from the at-fault party.
Though, under Missouri’s pure comparative fault rule, even if you were 99 percent at fault for the incident, you would still technically be allowed to recover 1 percent of your damages.
Filing a Personal Injury Claim
In Missouri, a person who suffers any injury or damage due to a negligent accident or personal injuries can proceed using any of the following:
- Filing an injury claim with your own insurance provider.
- Filing a third-party claim directly with the at-fault party’s insurance carrier.
- Filing a personal injury lawsuit against the at-fault party in civil court.
Though various options are available to you, it’s important to seek legal counsel before taking any action against the responsible party.
When you meet with a trusted personal injuries lawyer at the Missouri Accident and Injury Law Center, we will listen carefully to your story, help you explore your legal options, and set you on a clear path forward.
What Is the Statute of Limitation for Injury Claims in Missouri?
The statute of limitations sets the maximum amount of time an injured person can initiate legal proceedings to recover damages. Under Missouri personal injury law, the time limit for filing an action in civil court against the at-fault party is five years.
According to the Missouri Revised Statutes Section 516.120(4), an action for the recovery of specific personal property or any other injury to the person or rights of another must be brought within five years.
We understand how financially burdening and emotionally exhausting it can be to face any personal injury matter. Our legal team represents personal injury clients throughout Kansas City, Missouri, and makes sure your personal injury lawsuits are filed in time.
How do I Know if I Have a Personal Injury Claim?
Personal injury operates under the concept of negligence, meaning everyone has a responsibility to exercise care. When someone is unable to maintain this standard of care and does not take the time to prevent harm, then they are considered negligent.
Negligence can describe not just any action but also any inaction that falls outside the standard of care.
Personal injury law helps injury victims hold a negligent party responsible for their actions or even inactions. Under the idea of strict liability, someone that is harmed can hold someone accountable even if they are not found to be negligent.
But, in order to have a personal injury claim, it has to be proven that the defendant breached a duty of care she or he had owed, and that breach caused the accident in which the claimant suffered damages.
A personal injury attorney Kansas City at Missouri Accident and Injury Law Center will help determine if you have a case and how to recover compensation. As always, a personal injury lawyer can provide a handy guide for people injured.
Personal Injury Law in Kansas City MO: Filing a Car Accident Claim
According to statistics from the Missouri Department of Transportation – Crash Stats Report, in 2018, there were 83 fatalities and 381 serious injuries from traffic collisions in Kansas City, MO.
Getting injured in an accident caused by another person’s negligent actions can be very painful and overwhelming. To ensure that you do not needlessly suffer the consequences of the at-fault party’s negligence, you can recover damages for your injuries by filing a personal injury claim against the at-fault party.
If you or a loved one was hurt in a negligent car accident in Kansas City, Missouri, you might pursue compensation. Contact the Missouri Accident and Injury Law office today for a free consultation, where we will guide you through your rights and options.
Our experienced national trial lawyers can fight to protect your rights and offer you the comprehensive legal services and compassionate representation you need to recover compensation for your case.
Damages Available to Kansas City Personal Injury Victims
Sudden motor vehicle accidents can have long-term effects on different aspects of victims’ lives. In such situations, you need the best personal injury lawyers to fight on your behalf. You can schedule an appointment with our accidental injury attorney today for an initial free case evaluation to discuss your case and help you navigate the Missouri legal system.
The following damages are available to an accident victim in Kansas City, Missouri:
- Medical expenses, including future medical bills for treatments related to the accident
- Lost wages or income, including overtime, sick leave, and other benefits
- Out-of-pocket expenses related to the personal injury
- Compensation for reduced earning capability
- Loss of enjoyment of life
- Mental anguish
- Pain, discomfort, and suffering
- Disfigurement
- Property damage
- Loss of love, companionship, affection, and comfort provided by the victim (in wrongful death cases)
- Punitive damages to serve as additional punishment for the at-fault party
If you need experienced personal injury attorneys in Kansas City for legal advice or to represent you in your personal injury case, contact the Missouri Accident and Injury Law Center today to schedule a free consultation.
Our experienced team of Kansas City personal injury lawyers will offer you the comprehensive legal guidance, assistance, and reliable representation you need. Call our law office today to get the help you need. Our trial lawyers can help you secure the fair compensation and closure you deserve.
Is It Worth Getting a Lawyer for a Minor Car Accident in Kansas City, MO?
Although nobody likes to waste money, a minor car accident is still an accident. You still have to call the police and report the accident. Failing to do so is illegal in Missouri and Kansas City, and it can only work against you if you decide to file a suit for compensation.
If the police don’t get to the accident site for some reason, you have an obligation to report the accident within 30 days. Also, even if your injuries are minor, dealing with the insurance company and the at-fault driver is still a part of the claim process.
Don’t forget that even minor car accidents can lead to psychological injuries such as post-traumatic stress disorder (PTSD) or anxiety. The victims are often unaware they have sustained them. Overlooking these injuries can mean not getting the compensation you may be eligible to receive.
Also, a qualified attorney can help determine the percentages of the fault and if the parties involved are eligible for compensation. These actions require legal skills to make a compelling argument.
Remember, if you’ve sustained any financial loss or injury after a minor vehicle accident, 99 times out 100, it’s in your best interest to retain a personal injury attorney in Kansas City who possesses years of experience handling these types of cases.
What Percentage Do Accident Lawyers Take?
Most accident attorneys are paid on a contingency fee basis, meaning they will not get paid unless you win and recover money in your case. In that case, the attorney or the law office will get the percentage of money received from a verdict or an insurance settlement.
The percentage attorneys and law firms get in these agreements typically range between 25 to 40%, but 33% or one-third is the most common. That means if you recover $30,000 in your accident case, your attorney will get around $10,000.
If you or someone you know was involved in an accident caused by a negligent party or suffered a serious personal injury, call the Missouri Accident and Injury Law Center today for knowledgeable legal counsel and vigorous legal representation. Our trial lawyers will fight with unrelenting compassion and determination to protect your rights and help pursue fair financial compensation for your injuries, damages, or loss.
We’re proud to represent clients throughout Missouri and Kansas, including Kansas City, Jackson County, Grandview, Lee’s Summit, Blue Springs, and Belton, Missouri. Call our law firm today to get high-quality legal representation and begin moving forward.
How Can a Personal Injury Accident Lawyer Help?
Suffering any personal injuries from an accident caused by someone else’s negligent actions can affect your physical, financial, emotional, and mental well-being. However, you don’t have to go through the challenges alone.
At the Missouri Accident and Injury Law Center, we have the experience and resources to help you hold the parties responsible for your injuries liable. As experienced personal injury lawyers, we can help with the following:
- Fight compassionately to protect your rights and represent your best interest.
- Review all the surrounding details of your situation
- Conduct a thorough, private investigation into the incident
- Gather all required pieces of evidence, relevant information, and necessary documentation
- Help prove fault and establish liability
- Determine the full extent of your injuries, property damages, and other losses, and estimate case-value
- Handle all communications and negotiations with the insurance companies while you recover
- Negotiate a fair financial settlement with the insurance company
- Take additional legal action, if necessary
Standing among the top Kansas City personal injuries law firms, we handle cases resulting from car accidents, slip, and fall accidents, medical malpractice, and more.
Consult with Us…
If you sustain a serious injury, including traumatic brain injury, spinal cord injuries, severe burns, or any other catastrophic injury due to someone else’s negligence, our Kansas City injury lawyers are prepared to protect your rights. Our law firm has an impressive track record in obtaining high-figure verdicts and settlements.
We are a reputable personal injury law firm serving clients in the greater Kansas City area. As your Missouri legal representation, we will offer you the vigorous personal injury representation you need during the legal process and help pursue full and fair compensation.
