Kansas City Personal Injury Lawyer

Kansas City Personal Injury Attorney

A Kansas City Personal Injury lawyer can assist the loved ones of a Personal injury victim in seeking compensation.

Northland Injury Law has represented many families who have lost a loved one due to the negligence of someone else.

At NORTHLAND INJURY LAW, we are committed to helping those who are victims of Personal Injury cases. We have recovered millions of dollars for our injured clients. Located in the Northland of Kansas City, we have a combined 50 years of experience and provide legal services throughout Missouri. If our Personal injury Lawyer can help you, call us now for a FREE CONSULTATION at 816-400-4878 or send an email to: [email protected].

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What Is Personal Injury Law?

Personal injury law allows victims to hold at-fault parties accountable for causing physical or mental harm through civil lawsuits. The legal remedy for resolving these cases is typically some form of economic compensation. The laws aim to make victims whole again and hold defendants responsible for careless, reckless, or intentional actions.

Most Missouri personal injury cases involve negligence, which occurs when someone fails to use what is considered to be reasonable care, causing injury to another person. Negligence consists of four elements: duty of care, breach of duty, causation, and damages.

Misconduct could also provide legal grounds for personal injury litigation. One example of misconduct would be when someone assaults another person. The act of physical violence could lead to both criminal charges and civil liabilities for the defendant.

The plaintiff must prove these elements by a preponderance of the evidence, meaning it is more likely than not that their claims are valid. Personal injury lawyers assist in gathering the necessary evidence to support the case.

Individual cases may vary, but many personal injury cases follow a similar procedure. The attorney representing the injured party (plaintiff) often reaches out to the defendant’s attorney with an offer to settle the matter outside of court. Litigation can be costly and time-consuming for both parties, and there are often benefits to avoiding the courts altogether.

This can be done by sending a demand letter. A demand letter typically outlines the details of the incident, the injuries suffered, and the damages claimed. It also states the legal basis for holding the recipient responsible and demands a specific amount of compensation to settle the matter.

The defendant has the option of ignoring the letter, responding with a counteroffer, or paying the settlement in full. If the defendant does not offer to pay a fair settlement, the plaintiff’s attorney can file a lawsuit in the appropriate court. Once the defendant is served notice that the case has been accepted, the litigation begins.

The vast majority of civil cases are resolved without the need for a trial. When both parties can reach a settlement agreement, the case will be closed once the plaintiff is paid. Before a settlement agreement is reached, both parties have the option of requesting evidence through a process known as discovery.

Independent investigations by both parties could strengthen or weaken the plaintiff’s case. Witness testimony, video footage, and other forms of evidence can be used to determine who is at fault or who is most at fault. If both parties cannot agree on a fair settlement amount, the case may be resolved by a judge or jury.

What Can I Be Compensated For?

The goal of any personal injury case is to compensate someone who is injured. This is often done through financial compensation. In Missouri personal injury cases, you can be compensated for both economic and non-economic damages.

Economic damages include medical expenses, lost wages, property damage, and other out-of-pocket expenses. Medical treatments are expensive, and the at-fault party can be made to pay for the cost of hospitalization, surgeries, medication, rehab, and even future medical treatments.

Compensation from a personal injury lawsuit can also pay for lost wages. When someone is seriously hurt, they often are unable to return to work immediately. In some cases, their injury could lead to short-term or long-term disability. A personal injury lawyer can tally those financial losses and estimated future losses when calculating a fair settlement agreement.

Property damage is often included as a form of compensation in personal injury cases. One common form of property damage is the cost of repairing or replacing a vehicle after a car accident. Additional expenses directly related to the injury could include costs for transportation or medical appointments.

Non-economic damages encompass compensation for intangible losses resulting from a personal injury: Pain and Suffering cover both physical pain and emotional distress caused by the injury. Loss of Consortium addresses the impact on relationships with family or spouse due to the injury.

Loss of enjoyment of life compensates for the diminished ability to participate in daily activities and hobbies. Punitive damages may be awarded in cases of severe misconduct to punish the responsible party and discourage similar behavior in the future. These forms of compensation aim to comprehensively address the impact of the injury and aid in your recovery process.

Common Types of Personal Injury Cases in Missouri

In Missouri, personal injury cases can arise from various situations. Here are eight types:

• Car accidents: Kansas City’s roads and highways bustle with traffic from cars, trucks, motorcycles, and large commercial vehicles. When a driver’s negligence causes harm to other people on the road, the injured parties can take legal action against the driver. The first step is often to work with the at-fault party’s insurance provider to reach a settlement agreement. If the driver is uninsured or underinsured, litigation is always an option.
• Slip and fall: Slip and fall injuries are governed by premises liability laws. Property owners have a responsibility to keep their land safe for visitors and pedestrians. Wet or uneven surfaces can cause someone to take a spill that results in serious bodily harm. Head injuries are a common type of injury that can result from a trip and fall.
• Medical malpractice: Surgical errors or misdiagnosis are two common forms of medical malpractice. When a nurse or doctor deviates from established standards and practices, they could be held financially liable for any harm they cause. Due to the often severe injuries that result from medical malpractice, the settlement for these types of cases is often significant.
• Product liability: Product manufacturers have a responsibility to make products that are safe for long-term use. Injuries caused by defective or unsafe products, including malfunctioning machinery or contaminated food, could provide legal grounds for a personal injury lawsuit. Some forms of health problems may not manifest for months or years after the consumer uses a dangerous product.
• Dog bites: Man’s best friend can cause serious bodily harm when they bite someone. Dog owners bear a responsibility to restrain their dogs. Even when someone is invited into the dog owner’s home, the canine owner is still responsible for the actions of their pets. A personal injury lawyer can research whether the dog in question has a history of attacking people.
• Assault and battery: Acts of violence are criminal offenses in Missouri. When someone is charged with assault, they can still be held civilly liable for their misconduct. Assault can lead to physical and emotional harm.
• Spinal cord injury: Spinal injuries vary greatly in severity, from mild to life-altering. Rushed settlements by inexperienced lawyers can overlook long-term needs. We prioritize thorough investigation and documentation to ensure our clients receive fair compensation for the profound impact of their injuries.
• Truck accidents: Due to their massive size and weight, commercial trucks can cause serious bodily injury or death. Truck accidents can result from truck drivers who are impaired, distracted, or under the influence of an intoxicating substance. Poor maintenance can also lead to a truck accident.
• Motorcycle accident: Motorcyclists take care when driving because they understand the serious consequences that can result from a collision with any vehicle. Even when there is no collision, a negligent driver’s actions can force motorcyclists off the road. The resulting injuries are often severe and can include broken bones, head trauma, and road rash.
• Wrongful death: When someone dies due to the actions of another person, surviving loved ones of the decedent can file a wrongful death claim or lawsuit. Wrongful death cases take into account the earning potential of the deceased person as well as the pain and suffering of the surviving family members.

These types of personal injury cases can vary widely in severity and legal implications, but all can provide legal grounds for a personal injury lawsuit that seeks compensation for damages caused by another party’s actions or negligence.

Steps to Take After a Vehicle Accident

When you are involved in a motor vehicle accident with another car or semi-truck that is the fault of someone else’s negligence, your first step is to seek medical attention for any injuries sustained. Next, you need to contact a personal injury attorney well-qualified to represent you and get results. We have successfully handled thousands of these types of cases, and helped plaintiffs get compensation for medical bills, pain and suffering, and other costs.

Gathering Important Information at the Accident Scene

It is crucial for you to obtain certain information at the time of your accident. Call the police and file an accident report. This will help determine who was at fault in the accident, and document the facts for court. You should always exchange insurance information with the other party, and take photos of the vehicles and the scene when possible. Witnesses can be crucial to your case, so get names and phone numbers of anyone who saw the accident. This should be adhered to in all types of accidents, from minor fender benders to dangerous truck accident cases.

Consult Your Lawyers Before Speaking to Insurance Companies

When you are involved or injured in a motor vehicle accident, contact your lawyers before speaking with insurance company representatives. However, you can also explore Personal Injury Insurance Actions you can take in Missouri to get the compensation.

Often, the insurance company is looking for any way to avoid responsibility on the part of their driver or to make a cheap, quick settlement. Your car accident lawyers can advise you on what action to take and other information you need to know to ensure you are justly compensated for your injuries.

Importance of Contacting a Personal Injury Attorney

Why is contacting a personal injury attorney in Kansas City so vital to the outcome of your case? Your personal injury attorney will immediately conduct an investigation, locate witnesses, and preserve evidence that is crucial to your case. He will also help you deal with insurance companies and protect your legal rights.

Challenges with Insurance Companies

Many people believe that their insurance companies will thoroughly cover any costs incurred by a motor vehicle accident, but the opposite is actually true. Insurance companies want to limit the amount of compensation you get so that they don’t have to pay out a lot of money. We will fight aggressively to ensure you get justice, and all the money you are entitled to.

Proving Negligence in a Motor Vehicle Accident

You, as the injured party in a motor vehicle accident, have the burden of proving negligence on the part of the party responsible. A reputable and well qualified personal injury attorney will have the expertise it takes to examine every shred of evidence, pinpoint the legal basis for the claim, and prove that you, as the plaintiff, are entitled to every penny of compensation you are seeking.

Choosing the Right Legal Personal Injury Attorney in Kansas City

When it comes to Missouri automotive accidents, you should not choose legal representation from an attorney who lacks in experience and the skills needed to win your case. Choose a Kansas City personal injury attorney who has a proven track record and years of experience representing auto accident victims. The trial lawyers at Northland Injury Law will fight aggressively for your rights and apply our knowledge in and out of the courtroom to make sure you get every bit of the compensation you deserve.

What Happens If I Am Partly to Blame for the Accident?

In Missouri, personal injury cases operate under a pure comparative negligence system, distinguishing it from states with modified comparative fault rules. This system assesses each party’s liability based on their percentage of fault for an accident — regardless of how much they contributed to the incident.

Plaintiffs can pursue damages even if they are predominantly responsible, though their award is proportionally reduced by their degree of fault. This approach often favors plaintiffs and allows them to recover compensation even if they bear a significant portion of the blame for the accident.

For example, if a plaintiff is awarded $1 million in damages but found 30% at fault, their actual compensation would amount to $700,000, reflecting their assigned share of responsibility. If their fault increases to 60%, their recoverable damages would decrease further to $400,000.

Understanding Missouri’s pure comparative negligence system is crucial in personal injury cases because it significantly affects the potential outcomes and amount of compensation plaintiffs may receive.

Tips for Finding the Right Personal Injury Attorney

Finding a quality personal injury attorney requires research and careful consideration. One great place to start is with your colleagues, friends, and family members who can provide personal referrals.

Not all attorneys practice personal injury law, so look for a lawyer who focuses on defending personal injury plaintiffs. Once you have found several lawyers who practice personal injury law, see if they have represented clients who had similar cases.

Experience is another important consideration. The number of years a lawyer has practiced is important, but a good attorney should also have a track record of success. Many lawyers keep testimonials from past clients on their websites. Reading these quotes and descriptions of past cases can further help you narrow down your search.

Check online reviews and ratings, and visit the attorney’s website to learn about their experience and qualifications. Schedule consultations with a few attorneys to discuss your case and evaluate their communication style, responsiveness, and willingness to answer your questions.

Make sure they offer a contingency fee arrangement, meaning they only get paid if you win your case. A good lawyer should help you feel comfortable and confident in their ability to represent you effectively.

How Is Fault Determined?

One of the most important jobs for any personal injury attorney is understanding how to gather proper evidence that proves the defendant is at fault or largely at fault for causing a personal injury. To do this, the lawyer must first understand the state’s personal injury laws and how the legal standard of preponderance of evidence works.

Automobile accidents often involve evidence that comes from multiple sources. Law enforcement often conducts their own investigation that can be used by the plaintiff. The insurance companies of any party involved in a vehicle collision have their own interest in fact-gathering following an accident.

Personal injury efforts often rely on medical evidence that comes from X-rays, examinations, and other medical records. Any plaintiff must show that they were seriously harmed due to the actions of the defendant. Medical records and doctors’ notes are often used to do that.

Witness statements, photographs, videos, testimonies, electronic data, and employment data are all possible sources of evidence for any personal injury case. An experienced personal injury attorney understands what types of evidence are admissible in court and where to find that evidence.

How Do Settlements Work?

The vast majority of civil court cases end through a settlement agreement. Settling a case can avoid the need for a lengthy court trial, saving both sides significant time and money. Often, a settlement offer may come early in the personal injury case, presenting an opportunity to resolve the matter quickly.

The plaintiff has the freedom to accept or reject any settlement offer presented. However, it is not uncommon for the defendant or their attorney to offer a settlement amount that falls short of covering all the injured party’s financial losses. This initial offer may be a lowball attempt to minimize the payout.

By diligently gathering evidence and crafting a compelling legal argument, a personal injury attorney can increase the likelihood that the defendant will make a fair and reasonable settlement offer. An experienced attorney can guide the plaintiff through the decision-making process, providing legal counsel on the pros and cons of accepting a settlement.

This ensures that any agreement reached adequately compensates the plaintiff for their injuries and other related losses, ultimately closing out the case in the plaintiff’s interest.

FAQs

Q: What Is the Statute of Limitations on Birth Injury in Missouri?

A: Birth injuries must be filed within two years from the date of the injury. There are few exceptions to this important legal deadline to the statute of limitations. If you have questions regarding your eligibility to file a personal injury lawsuit, you can ask a trusted personal injury lawyer. Birth injury lawyers have a deep understanding of the filing deadlines you must meet.

Q: How Much Do Personal Injury Lawyers Charge in Missouri?

A: Most personal injury lawyers work on a contingency basis, so their fees are based on a percentage of the final settlement or trial award. The percentage is based on the amount of time and resources needed to represent the client and other factors. Attorneys who have more experience tend to charge more than less experienced lawyers.

Q: What Is the Fee for a Successful Personal Injury Case?

A: The fee for a successful personal injury case is also known as the attorney’s contingency fee. This is a percentage that the lawyer and their client agree upon when signing their attorney-client agreement.

The contingency fee is paid from the personal injury settlement once the case is resolved. The contingency fee could also come from any award given by a judge or jury in favor of the plaintiff if the case goes to trial.

Q: What Is the Usual Result of a Settlement?

A: The usual result of a settlement, if the injured victim accepts the settlement, is that the insurance claim or personal injury lawsuit is considered closed. Reaching an agreeable settlement often takes time. The defendant may not admit guilt as a condition of offering a settlement amount.

The at-fault party or their insurance company may not be willing to offer a fair settlement offer at first. A personal injury lawyer can consider the facts of your case when advising you on whether a settlement amount will cover your past, current, and future medical costs.

Q: What Can a Personal Injury Attorney Do for Me?

A: The job of a personal injury attorney is to explore all means of compensation for clients. Personal injury laws in Missouri allow attorneys to hold the at-fault party accountable for causing physical or mental harm to the lawyer’s client.

Following a car accident, the attorney’s job may be to negotiate a favorable settlement from the at-fault driver’s car insurance. Other cases may call for direct legal action through the filing of a personal injury lawsuit.

Connect with Us for Expert Legal Support

If you have received auto accident injuries due to someone else’s negligence, you need a car accident injury lawyer. We are also a truck accident law firm. You should not suffer the financial consequences of someone else’s negligence or misconduct. No matter what type of injury you incur, you can work with a trusted personal injury attorney who will take the steps needed to let you receive compensation for your injuries.

Whether your case requires negotiations with the at-fault party’s insurance company or direct litigation, you can trust the attorneys at Northland Injury Law to do what is right for you. Connect with us today if you need a personal injury attorney in Kansas City.