A serious injury often leaves victims with a lot of unanswered questions and uncertainty about what's to come. These answers to some of the most common Kansas City personal injury FAQs regarding injury lawsuits in Missouri should offer a little clarity and help you move forward with confidence.
What qualifies as a personal injury case?
A personal injury case involves physical, emotional, and/or financial harm caused by someone else's negligent or wrongful conduct. If another person fails to act responsibly and causes you harm, you may have a case.
Common incidents that result in personal injury claims include:
- Car and truck accidents
- Motorcycle accidents
- Pedestrian accidents
- ATV/UTV accidents
- Aviation accidents
- Boating accidents
- Slip and fall or unsafe property conditions
- Workplace and construction accidents
- Defective products
- Medical negligence
- Wrongful death
Do I have a valid personal injury claim?
For an injury-causing incident to constitute a valid personal injury claim, the at-fault party must have acted negligently and directly caused you measurable harm. They may have caused that harm directly, like a drunk driver causing a car accident, or indirectly, like a property owner failing to repair a broken staircase.
Our personal injury lawyers in Kansas City can review your case for free to determine whether you have a valid claim to compensation, and then we can suggest the best path forward.
How much is my personal injury case worth?
No two cases have the same value, which makes the answer to the question, "How much is my injury case worth in Missouri?" difficult. Your compensation depends on the unique circumstances of your case and how your injury impacts your life.
Several factors contribute to the value of a given personal injury case, including:
- Severity of injuries
- Length of recovery
- Permanent impairments
- Medical costs
- Lost income
- Pain, suffering, and emotional distress
- Long-term care needs
- Strength of evidence
- Insurance policy limits
How long do I have to file a personal injury lawsuit in Missouri?
This ranks among the most important Kansas City accident lawyer questions. Our state limits the amount of time you have to file a personal injury lawsuit. In most cases, that means you have five years from the date of the injury to file. If you miss this deadline, courts will most likely throw your case out, and you will permanently lose your right to recover compensation.
If you want to protect your claim and give your personal injury lawyer in Kansas City an opportunity to build the strongest case possible, you need to begin the process as soon as possible.
What should I do after an accident?
Take these steps after an accident to protect your safety and strengthen your legal claim:
- Seek prompt medical care, even if you seem unharmed
- Report the accident to the police or the property owner/manager
- Take photos and videos of the scene and visible injuries
- Collect names and contact information of witnesses
- Don't offer any recorded statements to insurers
- Contact an experienced personal injury lawyer right away
Insurance companies employ various tactics to weaken claims and reduce payouts. Avoid speaking with them before seeking legal guidance.
Will I have to go to court?
Most cases settle out of court, but some do not, and instead must go to trial. The most common reasons why a case makes it to the courtroom include:
- Disputed liability
- Severe or permanent injuries
- Insurance bad faith situations
- Complicated cases with multiple parties
- Wrongful death claims
Our law firm builds every case as if trial is inevitable, so we can continue to work from a position of strength, no matter how the situation progresses. When insurance companies see that seasoned trial lawyers represent you, they tend to take your case a lot more seriously.
How much does a personal injury lawyer cost?
Our law firm works on a contingency fee basis, which means it will cost you nothing up front to retain our services, and you won't pay a dime unless we recover compensation for you. If we recover money for you, our fee will be a percentage of your settlement or award, and it will be clearly explained and agreed upon before we begin working together.
How long will my personal injury case take?
Every case has a different timeline. Simpler, more straightforward cases might resolve in a few months, while more complicated cases involving severe injuries and disputed liability can take significantly longer, particularly if they go to court.
Factors that affect case timelines include:
- Severity of injuries
- Extent of medical treatment
- Strength of evidence
- Insurance company cooperation
- Whether the case goes to trial
I was partially at fault for my accident; can I still recover damages in Missouri or Kansas?
Yes, depending on the circumstances of your case, you can still potentially recover compensation for an accident you contributed to in both Kansas and Missouri. However, each state has slightly different rules.
Missouri follows a pure comparative fault system, which allows you to recover compensation for an accident you contributed to, but decreases your recovery by your percentage of fault.
Kansas follows a modified comparative fault system, which allows you to recover compensation provided you bear less than 50 percent of the blame. As in Missouri, your recovery will decrease by the percentage of fault you bear.
Our attorneys work to maximize your compensation by building claims that prevent insurance companies from deflecting blame and hold the at-fault party fully accountable for the harm they caused.
What is "Insurance Bad Faith," and why does it matter for my case?
Insurance companies must handle claims fairly and reasonably. When they fail to do so, they may be acting in bad faith.
Common examples of insurance bad faith include:
- Unreasonable claim denials
- Delayed payments without cause
- Misrepresenting policy terms
- Pressuring you into unreasonably low settlements
Bad faith can potentially lead to additional compensation beyond your original claim. We fight to hold insurers accountable and pursue every source of compensation.
Contact Our Kansas City Injury Lawyers to Learn More
If you've suffered an injury caused by someone else's careless actions, you need a dedicated personal injury attorney to protect your rights. The Missouri personal injury law FAQs we've answered for you here are a start. The team at Presley and Presley Trial Lawyers will fight for the accountability and compensation you deserve while you focus on recovery. Contact us today for your free consultation.