Personal Injury Lawyer Kansas City, KS

What is considered a personal injury?

Typically, people think of a personal injury as physical harm, but in fact, it can extend well beyond this. Personal injury includes damaging someone’s reputation, harming a person emotionally, a breach of contract, and other acts of bad faith. Some common types of personal injury cases include:

Vehicle accidents:

If an accident was caused by a negligent driver then you may have a right to compensation. These cases can include cars, motorcycles, bicycles, airplanes, and boats.

Medical malpractice:

Medical malpractice occurs when a doctor or medical provider harms a patient. Common types of medical malpractice cases are a doctor dismissing or ignoring symptoms, a hospital or pharmacy dispensing the wrong medication, and a mother or baby injured during delivery.

Elder abuse:

Although any elderly person can experience abuse, those with disabilities, who suffer from memory loss, or who are dependent on others for care are particularly susceptible to abuse because they rely on others for their daily needs such as medication, medication, meal preparation and/or feeding and transportation. Elder abuse can take place in assisted living facilities, at home, or in senior centers among other places.

Animal bite injuries:

Animal bite injuries are unfortunately common. An owner is responsible for the restraint of their pet. When a pet such as a dog attacks and injuries another person, the owner may be responsible for physical and mental damages.

Wrongful death:

When a personal injury results in the death of a person, it is a wrongful death case. Every case is unique, so it is worth consulting with a lawyer to understand if your family is entitled to compensation.

There are many other types of cases outside this. Hiring a personal injury lawyer in Kansas City, KS can help you understand if you or a loved one have experienced a personal injury. Sign up today for a free consultation today with Daniel E. Stuart, P.A. to discuss the details of your case.

Common Types Of Personal Injury Cases

Questions to Ask Prospective Personal Injury Lawyers

What Is Your Experience With Personal Injury Cases Like Mine?

Not only do you want your personal injury lawyer in Kansas City, KS to be experienced in personal injury law, but you also want your legal representative to have extensive experience in cases like yours. Each type of personal injury case can be argued differently because they have diverse aspects, defendants, and proof requirements. Therefore, you should ask any lawyer you are considering about specific experience and results. Also, consider asking for and checking the attorney’s references.

What Costs Can I Expect?

Personal injury attorneys don’t typically charge you up-front costs. In fact, they often take a portion of your award once the case is won. This means that you don’t have to pay legal fees unless your personal injury lawyer in Kansas City, KS wins your case. However, if the lawyer has to pay an investigator, court fees, or other costs, you may be responsible for them. Therefore, ask your prospects what kinds of costs you may encounter whether your case is successful or not.

What Resources Will You Devote To My Case?

Law firms, such as The Law Office of Daniel E. Stuart, P.A., typically have resources they can dedicate to your case. For example, they may have in-house or contracted investigators, paralegals, office staff, expert witnesses, etc. All of these resources help your attorney build a stronger case. However, the attorneys must also have the time to build a strong case. Therefore, you need to ask your personal injury lawyer in Kansas City, KS about the resources that can be dedicated to your case. You should also ask whether your attorney is willing to go to trial. Some lawyers pursue settlements, but you want legal counsel that will fight for you to get all the financial assistance you need, and sometimes this requires arguing the case in front of a judge and jury. Also, ask who will handle or help with your lawsuit.

What Is Your Analysis of My Case?

Reputable law firms and attorneys, such as those in The Law Office of Daniel E. Stuart, P.A., will provide you with a free consultation. During this consultation, your attorneys will fully review your case. They can then determine if you have a case, what evidence you need to make it stronger, how long it will take to settle or argue, a spectrum of the possible damages you may receive, and whether you will need to go to trial.

What Does a Personal Injury Lawyer Do?

A personal injury lawyer is a type of civil litigator who provides legal representation to plaintiffs who believe that they have experienced a physical or psychological injury as a result of the negligence or careless acts of another person, entity, or organization.  A personal injury lawyer in Kansas City, KS assists plaintiffs to receive some type of compensation for their losses.  Those losses can include:  The diminishing of your earning capacity because of the inability to work because of your injury

• Pain and suffering
• Financial loss because of medical expenses
• Emotional distress
• Loss of consortium or companionship
• Legal costs and attorney fees

 A personal injury lawyer in Kansas City, KS can also assist with preventing their client from being victimized by insurance companies and the legal system. Unfortunately, a personal injury can occur from a variety of circumstances and situations that are out of your control and you should not have to pay for the physical and emotional losses that you have endured because of that injury. That’s why working with a personal injury lawyer can be extremely beneficial to you. 

A lawyer has the time available to them to familiarize themselves with your case. They’ll also be able to spend the necessary attention on your case, something that you might not have the opportunity to do.  Also, they’ll have valuable resources and tools at their disposal to ensure that your case is fully investigated. Personal injury lawyers will gather evidence, formulate legal theories, and research case law. They’ll work for you to assure that you get the best possible outcome and regain what you are owed for your injury.   

The job of a personal injury lawyer includes drafting pleadings, motions, and discovery requests, interviewing and deposing witnesses. A personal injury claim can be time-consuming and tedious but having the opportunity to work with a legal professional who has experience in personal injury will be extremely helpful to you and your case. A shed a clearer light on your possible outcomes with your case.

A personal injury lawyer has a duty to advocate for their clients before and during the trial. This includes counseling clients as well as dealing with any obstacles in the legal system or by their client’s adversaries.   Oftentimes, a personal injury lawyer’s job can involve them working and juggling many cases along with your case, all of which most likely have tight deadlines and sometimes demanding clients. For most lawyers that is worth the work when they can provide their clients and their families with the justice that they deserve. 

Personal injury lawsuits can be complex, especially for someone who hasn’t received the education or training needed. That’s why some personal injury lawyers tend to specialize in certain niche areas of personal injury law like medical malpractice or birth injury.  Consulting with a personal injury lawyer and determining your next legal steps will help you to understand if you might need a lawyer who specializes in a niche area of the law. Don’t hesitate to contact a lawyer if you’ve been injured.  Call to make an appointment with a personal injury lawyer at Daniel E. Stuart, P.A.

5 Types of Evidence To Support a Personal Injury Claim

When you’ve been the victim of a personal injury event, the law can hold the negligent actions of the at-fault person responsible for any losses or damages that have occurred. Though you will need to work with a personal injury lawyer in Kansas City, KS for the civil case, you may have a part in gathering the evidence needed to support and prove your case. A lawyer from the Law Office of Daniel E. Stuart, P.A. can give you more details for your specific case, but the following items can be used to help hold the defendant liable for the harm that occurred.

1. Accident or Scene Evidence:

The scene of the accident will always have pieces of evidence that can get overlooked. Car accident locations could have skid marks or broken glass, while a trip and fall injury in a store may have chipped tiles or a torn, ragged carpet. Taking photos of an entire accident scene can be useful in explaining the environment and surrounding factors to a judge or jury.

2. Physical Evidence:

After an accident, never throw away things or ignore the tangible items that were on the scene. Clothing, tools, equipment, vehicles, weapons, and even weather conditions should all be photographed or collected to have as potential proof in a personal injury case.

3. Relevant Documents:

Your personal injury lawyer in Kansas City, KS will need to show the court proof of your injuries and the impact they have had on your life. Medical records, insurance forms, incident reports, witness statements, and bills are all valuable documents to support your claim. The court determines compensation, in part, according to the actual value of losses sustained, and this can include lost wages and the expenses of dealing with the injury.

4. Media:

Whenever possible, take video and photographs of the location where the personal injury incident happened, the injury itself and the other party involved. In some cases, this isn’t possible. With help from the Law Office of Daniel E. Stuart, P.A., your case may be supported by video taken from security cameras, street cameras or other media elements.

5. Witness Testimony:

People who witnessed the accident or who were in the accident (for a car crash) can bring evidence through their testimony. Anyone with a connection to the situation could potentially be called a witness.

Your personal injury lawyer in Kansas City, KS will know what evidence will be needed to help solidify your case. Remember to never discard anything and keep your evidence organized.

The Do’s and Don’ts of Handling a Personal Injury

Do: Attend All Your Medical Appointments

Any personal injury lawyer in Kansas City, KS, will tell you how important it is to attend all your medical appointments during recovery. Not only does this support your road to recovery, but it also supports your case!

Don’t: Miss Any Medications

Similarly to attending your appointments, you should take any and all medications prescribed by your doctor. If you’re dealing with adverse side effects, consult your medical team to learn about your available alternatives.

Do: Speak With Your Lawyer Before Taking Action

Before you do anything regarding your case, speak with the professionals at The Law Office of Daniel E. Stuart, P.A. or your personal injury lawyer in Kansas City, KS. They can offer you guidance on what to do and say, what information to share and withhold, and any important steps you need to take.

Don’t: Share Details of Your Case Online

It’s never a good idea to disclose information about your case without your legal team’s recommendation, especially on social media. Avoid sharing any details of your case, otherwise it may be used against you in court.

Do: Keep Records of Everything

If your personal injury lawyer in Kansas City, KS sends you any documents or requests that you gather important files, make sure you keep copies on hand for your personal record. You never know when you’ll need to revisit the information or show proof of something!

Don’t: Attempt to Contact Associated Parties

If you try to contact witnesses or other parties associated with your case, you may be in breach of certain restrictions or otherwise harm your case. Always consult with your legal team at The Law Office of Daniel E. Stuart, P.A. before reaching out to involved parties.

Do: Take Plenty of Time to Rest

All too often, people return to work before they’ve fully healed. If you can, don’t return to your job until you’ve completely recovered from your injury; failure to do so may further irritate the injury and prolong your road to recovery. If you’re struggling without a regular paycheck, speak with your lawyer to learn about your options.

Don’t: Exaggerate Your Case

Honesty is always the best policy when handling your case, so don’t exaggerate or downplay the severity of your injuries. Doing so can be potentially harmful to your case, so try to relay any information as truthfully as possible. Likewise, try to stick to the facts when sharing details.

Kansas City Personal Injury Laws

Experiencing an injury due to someone else’s negligence or misconduct is not only emotionally distressing but also introduces an injury victim to the intricate world of personal injury law. For residents of Kansas or those who have sustained injuries in the state, grasping the nuances of Kansas personal injury laws is crucial. Our Kansas City, KS personal injury lawyer team provides an overview of these laws below and can help you to understand how these laws may impact your case uniquely when you schedule a consultation with the Law Office of Daniel E. Stuart, P.A.

Modified Comparative Fault Rule

In the realm of personal injury, determining fault is paramount. Kansas employs the “modified comparative fault” rule, meaning that as an injured party, you can recover damages as long as you’re less than 50% at fault. However, your recoverable damages will be reduced by your percentage of fault. For instance, if you were 10% at fault and were awarded $10,000, you’d receive $9,000 after the deduction.

Statute Of Limitations Matters

Time is of the essence when it comes to personal injury claims in Kansas. The state provides a window of two years from the date of the injury to file a lawsuit. This timeframe applies to both personal injury and property damage claims. Should you miss this deadline, the Kansas courts will likely refuse to hear your case, making timely action essential. As a result, you’ll want to connect with a reputable Kansas City personal injury lawyer at our firm as soon as you possibly can.

Caps On Injury Damages

Kansas has established caps or limits on non-economic damages in personal injury cases, such as pain and suffering. As of recent legislation, the cap has been set in stages, increasing gradually every year. It’s essential to consult with an attorney to understand the current cap when seeking damages.

No-Fault Car Insurance System

For car accident injuries specifically, Kansas follows a “no-fault” insurance system. This means, regardless of who was at fault, your own car insurance policy will be the primary source for compensation for your injuries, up to the policy limits. However, if your injuries are severe, you can step outside the no-fault system and pursue a claim against the at-fault driver.

Workers’ Compensation

Kansas law requires most employers to have workers’ compensation insurance. If you’re injured on the job, you can file a claim for workers’ compensation benefits, which can cover medical expenses, a portion of lost wages, and disability benefits, among others. It’s important to note that by accepting these benefits, you typically forfeit the right to sue your employer for negligence related to the injury but you may remain in a strong position to sue a third party for their involvement in your situation.

A Legal Partner In Trying Times

The landscape of personal injury law in Kansas is complex, but understanding its framework can empower you to make informed decisions. No one should navigate the aftermath of an injury alone, especially when legal rights and potential compensation are at stake.

If you or a loved one has experienced an injury in Kansas, our dedicated Kansas City personal injury lawyer team is here to assist. With an in-depth knowledge of Kansas personal injury laws and a commitment to our clients’ well-being, we aim to provide the best legal representation possible. Reach out to us for a comprehensive consultation, and let us be your advocate in seeking the justice and compensation you deserve.

How a Personal Injury Lawyer Can Help You

A personal injury lawyer will sit down with you and determine whether your case is worth pursuing. If they determine that you may be entitled to damages for the harm you experienced, they will prepare for a trial by gathering evidence, researching case law, interviewing witnesses and developing legal arguments. They will advocate for you in front of a judge and help you navigate any legal obstacles that arise during the case. They will seek reimbursement to cover your medical expenses and loss of income as well as compensation for the pain and mental anguish you experienced. If you or a loved one has been injured by the reckless actions of someone else, you deserve to be made financially whole again. Finding an experienced personal injury lawyer in Kansas City, KS will be critical to winning in court. Talk to Daniel E. Stuart, P.A. to learn what your legal options are so you can get the justice you deserve.

How Much Will A Personal Injury Lawyer Cost? 

The law firm you choose and the complexity of your case may influence how much a personal injury lawyer will cost. Many firms use two payment options for personal injury cases. First, a personal injury attorney may charge an hourly rate that is a fee arrangement created between the attorney and the client. A client may pay an hourly rate or a retainer fee. The retainer is an amount of money placed into a trust account and kept by the attorney until work begins on your case. 

Second, a personal injury lawyer may work on a contingency fee basis. This is a payment method that requires the client to pay nothing at the beginning of the representation. After the case settles the lawyer will receive a percentage amount of the total settlement. This percentage is usually 33% of the total settlement amount. 

The client is still responsible for expenses associated with the representation such as filing fees, copying costs, depositions fees, and other charges. A personal injury attorney will usually pay these as the case progresses and then deduct the total amount of costs from the settlement amount. 

Every personal injury case is unique and you should consult with a skilled personal injury attorney before you decide on any specific fee arrangement. When you retain a personal injury lawyer you must sign the fee agreement. An experienced lawyer will sit down with you and make sure that you understand every provision in the fee agreement. 

What Should I Expect During An Initial Meeting With A Personal Injury Lawyer?

An experienced and skilled personal injury lawyer will sit down with you during an initial meeting and ask you to describe the injuries you suffered during an accident. You should explain everything about the motor vehicle accident in as much detail as possible so the attorney can take notes. A personal injury lawyer will analyze how the facts of your case interact with the principles of negligence. 

You should review each detail of the accident and explain how the accident occurred. You will also want to explain to your personal injury lawyer any medical treatment you have received. Also, explain the extent of your injuries and the health problems you may need to address in the future. Lastly, explain your employment history to your personal injury lawyer and quantify any lost wages you have suffered due to the injuries you suffered during an accident. 

A knowledgeable personal injury lawyer will then explain how the laws of negligence apply to your case. You may discuss various legal duties that apply to your case and how the liable party breached those duties. A personal injury lawyer will also review fees and expenses that may be associated with legal representation. 

If you are searching for a personal injury lawyer in Kansas City, KS contact Stuart Law today to schedule a free consultation during which we can discuss the facts of your case. Call the office at (913) 379-3300 to learn more about the legal services we offer.