Accidents and injuries can turn your daily life upside down instantly. From car accidents, slips and falls to workplace injuries, the legal process can be complex for you. If you reside in Kansas City and are seeking justice for your injuries, you have to understand how personal injury claims work.
You definitely need to look for a personal injury attorney in Kansas City to handle your legal process toward the compensation that is rightfully yours. Below, you will explore various types of compensation, commonly invoked defenses, and how a personal injury attorney in Kansas City can help you win the compensation you deserve.
Types of Compensation in Personal Injury Cases – Kansas City Attorney Insights
In a personal injury claim, you can get different kinds of compensatory damages that have to do with the severity of your injuries and financial losses.
- Economic Damages
These are the quantifiable financial losses you incur due to your injury. They usually include:
- Payments for medical expenses (both past and future)
- Wages lost through time away from work
- Costs related to therapies and rehabilitation
- Damage to property
Economic damages are calculated using tangible evidence such as medical bills, pay stubs, and repair estimates.
- Non-Economic Damages
It is totally different from economic damages, and these compensate for intangible losses. It will affect your well-being, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
A personal injury attorney Kansas City can calculate non-economic damages using certain legal methods, such as the multiplier or per diem approach.
What to Do Immediately After an Injury
The procedures you need to follow after any accident you meet with. It will significantly impact your personal injury claims. Let’s explore what you need to do:
- Seek Medical Attention
Whether your injuries seem minor or major, you should get medical support immediately. Some injuries may not be immediately apparent and it will definitely worsen your condition after sometime.
- Report the Incident
Such incidents as car accidents, slip-and-fall accidents and more. These must be reported to the concerned authorities (police, employer, property manager, etc.).
- Gather Evidence
Photos of the accident scene, the injuries sustained, and damaged property should be taken. Witness statements should be obtained while collecting witness information.
- Avoid Speaking to Insurance Companies Alone
Insurance adjusters will tend to minimize your claim. Speak with a qualified personal injury lawyer in Kansas City before making any statement.
- Consult a Lawyer
A lawyer will help you understand your rights and build a strong case.
Understanding Kansas City’s Statute of Limitations
Kansas City has the unique distinction of being able to offer laws for both Missouri and Kansas. Therefore, the time limits on when to file a personal injury claim are different between the two states:
Missouri – You may file your personal injury claim for five years from the date of injury.
Kansas – The statute of limitations is two years from the date of injury.
Failure to file within those time frames means that one loses the right to seek compensation. A Kansas City personal injury lawyer will ensure that your claim is filed within the required deadline.
Common Defenses in Personal Injury Cases
Once a claim is filed, the negligent party may rely on several defenses to minimize or deny compensation to you:
- Comparative Negligence
Kansas City is a comparative negligence state. This means that damages awarded can be reduced by your fault in contributing to the accident. For instance, in case you are found to be 20% at fault in the accident, then your award would be reduced by 20%.
- Assumption of Risk
If the defendant can establish that you voluntarily participated in an activity with an inherent risk, then the defendant may plead that you assumed the risk for any injuries sustained.
How a Kansas City Personal Injury Attorney Can Help
Handling a personal injury claim on your own can be highly challenging. Here are some of the services that your Kansas City personal injury lawyer will offer:
- Case Evaluation and Legal Guidance
An experienced attorney will analyze the facts of your case, define your legal options, and advise you on what action is appropriate for you.
- Gathering Strong Evidence
From medical records to expert witness statements, your lawyer will do all the necessary things to ensure that your case has the best substantiation possible.
- Negotiating with Insurance Companies
Insurance companies will attempt to offer the lowest possible settlement in order to limit their liability. Your Kansas City personal injury attorney will bargain for you to receive the compensation you deserve from them.
Negotiating a Settlement
A vast majority of personal injury cases are negotiated while out of court. Here is how your lawyer will try to achieve the best settlement in your case:
Step 1: Demand Letter
In your case, the attorneys will prepare a Demand Letter with all the specifics of your injuries, expenses, and compensation requested.
Step 2: Negotiation with Insurers
Most insurance companies beat the higher claims by quoting lower. A well-experienced lawyer will take care of a fair settlement on your behalf.
Step 3: Filing a Lawsuit
If a worthy settlement is not up for negotiation, your Kansas City personal injury lawyer will file your case in court and fight to have maximum compensation for you.
Conclusion
Understanding personal injury claims in Kansas City is essential for securing fair compensation. It comprises knowing rights, collecting evidence, and legal timelines to make or break the success of your claim. A Kansas City personal injury attorney ensures that the process provides expert-level assistance and protection from the insurance company’s tricks, with the best chance of attaining the settlement you deserve.
If you have been injured, don’t take much time. Reach out to a Kansas City personal injury attorney now to take the initial step to close scars and begin the healing process.
FAQs
- How do I find out the different compensation provided?
There, Reimbursements are made for medical expenses incurred, lost wages, suffering, and punitive damages.
- How long do I have to file a personal injury claim?
Five years shall be allowed in Missouri and two years in Kansas.
- In what ways will my personal injury attorney help me?
They take care of everything from collecting evidence for the case to negotiating settlements and representing you in court.
- What happens if I am partially at cause of the accident?
Your ability to recover damages will be governed by the rules of comparative negligence, which will reduce your compensation based on your relative degree of fault.
