Personal Injury Lawyer

What to Discuss In Your Consultation

The initial consultation with a Kansas City, Missouri-based personal injury lawyer is an opportunity for you to explain your situation to them and get a feel for what to expect from the claims process. If the lawyer tells you that you have a valid case, you can then move on to discuss elements of your claims such as:

• Case value. The value of your case may be one of the first things on your mind. A lawyer may not be able to give an accurate case value until they have gathered enough facts and information. They need to be able to do calculations so that they know what damages they will be able to list in your claim. You might not know what the value of your claim is until towards the end of the investigation when all the losses have been calculated. 
• Nature of your injuries. The type of injuries you have plays a big role in your case. The more severe your injuries are, the higher your compensation amount will likely be. If you have multiple injuries, your claim may be worth even more. Bring all records that you have regarding your injuries such as photos and medical records.
• Lost income. In addition to the cost of treatment for your injuries, you should also discuss the amount of missed wages that you have. This includes your reduced earnings capacity as well, which is the decrease in income that you suffered as a result of your accident injury impacting your capacity to do certain jobs. 

Common Misconceptions About Personal Injury Cases

If you were recently hurt in an accident caused by someone else, you may want to consult a personal injury lawyer in Kansas City, MO or a Personal Injury lawyer in Kansas City, KS. You may be eligible to receive compensation. However, you might have heard several myths about personal injury cases that are making you reluctant to pursue a case.

Misconception 1: You Only Have to Prove the Other Party Was at Fault

One common misconception is that if you’re injured due to someone else’s actions, you’re automatically entitled to compensation. In reality, you need to prove that the other party’s negligence or wrongdoing directly caused your injuries. This requires collecting evidence, witnesses, and demonstrating how their actions led to your harm.

Misconception 2: Personal Injury Cases Always Go to Court

While some personal injury cases do go to court, many are resolved through negotiation and settlements outside of court. Experienced attorneys aim to reach a fair settlement that avoids the time and costs associated with a trial. However, being prepared to litigate if necessary is essential to achieving a fair outcome.

Misconception 3: You Can Wait Indefinitely to File a Lawsuit

In Missouri, personal injury cases are subject to a statute of limitations, which limits the amount of time you have to file a lawsuit. Generally, this timeframe is five years from the date of the injury. Failing to file within the statute of limitations can result in the forfeiture of your right to seek compensation.

Misconception 4: All Personal Injury Cases Result in Large Payouts

While some personal injury cases do result in substantial payouts, not all cases will lead to massive financial compensation. The amount you receive depends on various factors, including the severity of your injuries, the evidence presented, your role in the incident, and applicable insurance policies.

Misconception 5: You Can Handle Your Case Without an Attorney

Attempting to handle a personal injury case without legal representation can be a significant mistake. Personal injury law is complex, and insurance companies often have teams of lawyers working to minimize payouts. An experienced personal injury attorney understands the nuances of the law, can negotiate on your behalf, and can ensure your rights are protected.

Misconception 6: Only Physical Injuries Qualify for Compensation

Personal injury cases cover a wide range of injuries, including not only physical harm but also emotional distress, pain and suffering, loss of consortium, and more. If you’ve suffered harm due to someone else’s negligence, you may be entitled to compensation beyond just physical injuries.

Personal Injury Law Infographic

How Accidents Occur

Accidents occur for a variety of different reasons. One of the leading causes is due to negligence by other individuals. Individuals across numerous industries may lack the knowledge or skill to establish safety protocols for the company and its workers. They also may lack the skill of implementation and compliance to ensure that their workers fully understand safety or follow the set protocol. Negligence happens on roads each day too with drivers not paying attention to other drivers on the road. When drivers are too focused on other things than driving severe accidents can occur. A Kansas City personal injury lawyer from the Law Office of Daniel E. Stuart, P.A is ready to help you understand more about personal injuries and how they can be compensated.

Compensation in a Personal Injury Case

Compensation is available for many different injuries in a personal injury case. Things like pain and suffering are calculated depending on the details of the injury case and could see victims of the accident not only seeing hospital bills and doctor visits covered but also therapy sessions and other items. Other things like lost wages from work are common compensatory items and so are property damage reimbursement and more. A Kansas City, MO personal injury lawyer from our firm can help ensure that you receive compensation for different things from your injury case. It’s important to receive compensation for injury cases so that the victim is not left with paying all of the bills for an accident that wasn’t even their fault. Contact our firm today for assistance.

Personal Injury Law Statistics

According to the Missouri Department of Health and Senior Services, there were 94,104 hospital discharges related to injuries in Missouri in 2019. Of these, 11,234 were related to motor vehicle accidents, 1,534 were related to falls, and 1,124 were related to assaults.

In terms of workplace injuries, the Missouri Division of Workers’ Compensation reported that there were 71,048 workplace injury claims filed in 2020. Of these, the most common types of injuries were strains/sprains (34%), cuts/punctures (11%), and contusions (9%).

Additionally, the Missouri Department of Transportation reported that there were 141,049 total crashes in Missouri in 2020. Of these, 11,182 involved serious injuries and 989 were fatal.

Personal Injury Law FAQs

Is there a difference between a personal injury claim and a personal injury lawsuit?

The definition of a personal injury case can be confusing. As a Kansas City, MO personal injury lawyer can explain, in most accident case, it is the at-fault’s insurance company that will ultimately pay any damages to the victim, such as in a car accident or premises liability incident. These cases usually begin with negotiations between the two parties to come up with an agreed-upon settlement amount. Should the two sides not be able to come to an agreement, the personal injury lawyer will file a personal injury lawsuit with the proper court. At this point, a jury will decide if the alleged at-fault party was negligent and how much the victim deserves in damages.

What are the damages that a victim can be awarded?

There are a number of losses that a victim can suffer after they have been injured and each one of these losses may be recoverable. Economic damages that a victim can receive include medical expenses for treatment of their injuries and lost wages if they were unable to work while recovering. If the victim is left permanently disabled, they may even receive compensation for loss of future earning capacity.

Noneconomic damages that may be recoverable include pain and suffering, emotional anguish, disfigurement, scarring, permanent disability, loss of life enjoyment, and more.

In some cases, the victim be also be awarded punitive damages. These damages are meant to punish the at-fault party and send a message to society that this type of behavior is unacceptable. For example, punitive damages are often awarded in drunk driving crashes.

The at-fault party’s insurance company is calling me. Should I speak to them?

No victim should ever speak with anyone from the insurance company without speaking to a Kansas City personal injury lawyer first. Insurance companies are for-profit companies and any settlement amounts they have to pay out to victims cut into their profit.

Despite all the catchy jingles and taglines, the insurance company is not your friend and is not looking out for your best interest. They are looking for any thing they can use to minimize or even deny your claim completely.

But how can I afford to speak to an attorney? I don’t have the money to pay them.

Most personal injury lawyers work on a contingency basis. This means that the client does not have to pay upfront attorney fees. In fact, it means that the lawyer only gets paid if they win your case. Then, their fee is an agreed-upon percentage of any settlement or jury award they obtain for their client.

When should I call a lawyer?

It is recommended that victims contact a Kansas City personal injury lawyer as soon as they are physically able. They can also have a family member call for them, as well. The sooner that call is made, the sooner your lawyer can begin working on your case. Call the Law Office of Daniel E. Stuart, P.A. today to schedule a free and confidential consultation. 

What Are Common Reasons For a Personal Injury Case?

Personal injuries can come from a variety of different circumstances with many different sources. Accidents happen on a daily basis across a multitude of different industries and in many different situations. Accidents, like car accidents, and other vehicle accidents, are a leading cause of injuries and personal injury cases. When accidents happen with minor to severe injuries the guilty party should be held responsible for their heinous actions. Injuries can even be severe enough to cause death in some cases which brings about their own legal cases, like wrongful death. The Law Office of Daniel E. Stuart, P.A. is ready to sit down with you and go through your personal injury case. A Kansas City, MO personal injury lawyer from our firm can offer experience and knowledge for your case.

Reach Out to Our Firm 

Our firm has helped many clients with their personal injury cases. Many people don’t know what to do when they become injured and many times lack the knowledge or experience in dealing with insurance companies or other legal teams when it comes to financial compensation negotiation. Our firm has the necessary skill and knowledge to bring a fair or even generous compensation package to you for your trouble and injuries. Contact us today to get your case started and to better understand the process and to get your life going once again. When you sit down with a lawyer for your consultation, here are some topics that you should discuss at length. If you are considering filing a claim, meet with a personal injury lawyer based in Kansas City, MO to receive legal assistance. 

Do I need to collect evidence?

The strength of your evidence is critical in determining the value of your personal injury settlement. Collect and preserve all relevant evidence such as medical records, accident reports, witness statements, photographs, and any other documentation that supports your claim. With persuasive evidence, you can prove liability, show the losses you have sustained, and build an overall strong case. 

Should I seek medical treatment after an accident?

Receiving timely and appropriate medical treatment is not only important for your health but also for your personal injury claim. Seek medical attention as soon as possible after the accident, and follow your doctor’s orders diligently. Be sure to record your medical expenses, medical records and other relevant documents regarding your treatment. This will not only help you recover faster but also provide evidence of the severity and cost of your injuries, which can increase the value of your settlement.

Do I need to keep records of everything related to my accident?

Keep track of all your accident-related expenses, including medical bills, lost wages, property damage, transportation costs, and any other out-of-pocket expenses. Maintain receipts, invoices, and other relevant documents that support your claim for damages. As a Kansas City, MO personal lawyer can tell you about, these records are crucial in conveying what kind of financial impact that you have suffered from.

Should I accept the first offer I receive?

Do not be surprised when insurance companies approach you with an offer that seems low. Don’t accept the first offer you receive, as it may not adequately compensate you for your injuries and losses. Consult with an experienced personal injury attorney who can evaluate the offer and negotiate on your behalf to obtain a fair settlement that reflects the true value of your claim.

What can compensation cover?

Understand the Full Extent of Your Damages: Do not assume that your damages following a personal injury accident will be minimal. In addition to medical expenses and lost wages, you may be entitled to compensation for pain and suffering, emotional distress, loss of enjoyment of life, and future damages such as ongoing medical treatments or long-term disabilities. Understanding the full scope of your damages and working with a skilled attorney can help you accurately assess the value of your claim and pursue a higher settlement amount.

Will this go to court?

You may have to take the insurance company to court if you are not able to reach a promise or fair settlement. Litigation can be a lengthy and complex process, but it may be necessary to obtain the compensation you deserve. Having a skilled personal injury attorney who is experienced in litigation can greatly improve your chances of success and potentially result in a higher settlement amount.

Does a case only cover current damages?

Many personal injury victims face damages in the long run. If you have sustained permanent injuries or disabilities that may require ongoing medical care or affect your ability to work in the future, be sure to account for these damages in your claim. Future damages can significantly increase the value of your settlement and ensure that you are adequately compensated for your long-term needs.

Maximizing your personal injury settlement amount requires careful preparation, strong evidence, skilled negotiation, and a thorough understanding of your damages. Working with an experienced personal injury attorney who can advocate for your rights and protect your interests can greatly improve your chances of obtaining a fair and just settlement that reflects the true value of your claim. Don’t settle for less than you deserve, and be proactive in pursuing the compensation you need to rebuild your life after an accident or injury by contacting a Kansas City personal injury lawyer.

Understanding Laws For Personal Injury Claims

Our personal injury lawyer is committed to helping individuals in Missouri navigate the legal landscape surrounding personal injury claims. It is crucial to be well-informed about the specific laws in Missouri when pursuing a personal injury case.

Missouri’s Statute Of Limitations

One of the most important aspects of pursuing a personal injury claim in Missouri is understanding the statute of limitations. In this state, you typically have five years from the date of the injury to file a personal injury lawsuit. It’s essential to initiate legal proceedings within this timeframe, as failing to do so may result in the court dismissing your case.

Comparative Fault Rule

Missouri follows the comparative fault rule when determining compensation in personal injury cases. This means that if you are found partially at fault for the accident, your compensation may be reduced proportionally. However, if you are found to be 50% or more at fault, you may not be eligible to recover any compensation. It’s crucial to consult with your Kansas City personal injury lawyer to evaluate your case and determine how comparative fault may impact your claim.

Modified Comparative Fault

Missouri follows a modified comparative fault system with a 50% bar rule. This means that you can only recover damages if your degree of fault is less than or equal to 50%. If your fault exceeds 50%, you may not be eligible to receive any compensation for your injuries. Understanding how this rule applies to your case is vital in assessing the potential outcome of your personal injury claim.

No-Fault Insurance Laws

Missouri does not have a no-fault insurance system for personal injury claims. Instead, it operates under a traditional fault-based system. This means that the at-fault party’s insurance is generally responsible for covering the injured party’s damages. However, navigating insurance claims can be complex, and insurance companies often try to minimize payouts. Our skilled attorneys can help negotiate with insurance companies to ensure you receive fair compensation.

Strict Product Liability

In Missouri, if you have been injured due to a defective product, you may be able to file a strict product liability claim. We understand that being injured by a product can be devastating, so our lawyers are here to help you. This means that you can hold the manufacturer or distributor of the defective product responsible for your injuries, even if you cannot prove negligence. Strict product liability laws can be intricate, so it’s advisable to seek legal representation to pursue such claims effectively.

Find Legal Help You Can Trust Today

Navigating Missouri’s personal injury laws can be challenging, but with the guidance of experienced attorneys from the Law Office of Daniel E. Stuart, P.A., you can navigate the legal process with confidence. If you’ve been injured due to someone else’s negligence, we are here to help you understand your rights and pursue the compensation you deserve. Contact our Kansas City personal injury lawyer today to schedule a consultation and take the first step toward recovering from your personal injury.