Personal Injury Law in Kansas City, MO

Were you hurt due to another’s negligence in Kansas City? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Kansas City, MO can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Kansas City relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Kansas City, MO

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Kansas City 

The Missouri Department of Health and Senior Services found that motor vehicle crashes are the leading cause of injury death among ages 1-4 and 20-24, based on 2016 Missouri crash data. Most recently, in 2019 there were 18,707 individuals who were injured in motor vehicle accidents. In addition, falls are the leading cause of death related to unintentional injury among ages 65 and older, and death from falls in Missouri, especially in places like Kansas City, is higher than the national average.

Steps in a Personal Injury Lawsuit in Kansas City, MO

Once you determine that you wish to proceed forward with a personal injury action in Missouri

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

With your Kansas City, Missouri attorney, you begin the process by filing a complaint with the court. Next, comes the discovery process which either leads to the defendant filing a motion with the court to dismiss the case, a settlement offer, or the case going to trial.

Missouri Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

The Missouri Department of Labor has a list of what to do if you are offered a settlement. One of their biggest notes, instructs plaintiffs not to take a settlement if you truly do not believe it is sufficient. Average settlement amounts surrounding personal injury cases in Kansas city are difficult to determine. Factors such as disability ratings, medical costs, and pain and suffering damages can heavily influence the value of your claim.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in MO, that means you risk not receiving any compensation at all.

Damage Awards in Missouri

If your Missouri personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

Currently, Missouri does not have any caps on any kind of damages surrounding personal injury settlements.

Statute of Limitations in Kansas City, MO Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

The Missouri statute of limitations dictates that you have five years to file suit with the civil court. In Kansas City, this five year clock begins to run on the day of your accident.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Kansas City, MO Lawyer

Pursue a personal injury claim in Kansas City against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Missouri state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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