If you are in any kind of accident in Missouri or Kansas—whether it is a car accident (single or multi-vehicle), truck accident, motorcycle crash, a pedestrian or bicycle accident, a slip and fall on someone else’s property, or even a dog bite—you may wonder whether you should contact a personal injury lawyer after the accident.
Many people think the answer depends solely on how bad the accident was or how badly you were injured. Certainly, if you were in a serious accident or were severely injured, having a personal injury attorney is critical if you want to be compensated for your injuries. But the truth is, there are many reasons why hiring an experienced personal injury lawyer after an accident is a good idea, even if you were not seriously injured.
Here are 15 times when you should hire a personal injury lawyer if you have been in any kind of accident in Missouri or Kansas:
1. There is a question of who was at fault
If your accident was caused by the negligence or intentional act of another person, you are entitled to be compensated for any damages you suffer as a result. This includes compensation for physical injuries, property damage, and any financial losses you may experience because of the accident.
What many people in Missouri and Kansas don’t realize, however, is that you may be entitled to financial compensation even if you were partly at fault for your accident.
Missouri and Kansas have different rules for obtaining compensation if you contributed to the cause of your accident.
Missouri is an “at-fault” state, which means that any person who is at fault for causing an accident is responsible for the damages they caused. The Missouri “at-fault” system applies a “pure comparative negligence” rule. This means that even if you are partially at fault, you can still recover damages if someone else also was at fault. But the amount of compensation you receive will be reduced by the percentage of fault you contributed to the accident.
Kansas is a “no-fault” state, which means that even if you were at fault, you can still recover certain damages from your own insurance company through your Personal Injury Protection (PIP).
In Kansas, PIP covers certain initial expenses, which may include:
- Medical expenses up to a limit of $4,500 per person;
- Lost wages of up to $900 per month for as long as one year; and
- Funeral expenses not to exceed $2,000.
Kansas law requires every licensed driver to carry PIP insurance at these limits. However, Kansas is a “modified” no-fault state, which means that if your damages exceed these PIP limits, or if you also suffer property damage or pain and suffering after your accident, you can still sue another party at fault for these damages. Your claim can include compensation for:
- Permanent disfigurement;
- Dismemberment;
- Broken bones;
- Permanent loss of bodily function; or
- Wrongful death.
Whether your accident occurred in Missouri or Kansas, having an experienced Missouri or Kansas personal injury lawyer who understand the liability system in either state is important if you want to receive the maximum amount of compensation you deserve.
2. You or a loved one sustained an injury, property damage, or medical expenses
Even if your injuries are not severe or your vehicle is not seriously damaged in an accident, you are still entitled to be compensated for any financial loss you suffer as a result of another person’s negligence. This may include:
- Minor but treatable injuries;
- Minor car repairs for dents, scratches, and disabled parts; and
- Ambulance rides, emergency room visits, hospital procedures or stays, or out-patient doctor visits.
Having an attorney who knows how to value damages and how to reach maximum settlements for minor injuries and expenses can make a big difference in the amount you recover for your claim.
Contact our Kansas city personal injury lawyers now.
3. Your injuries are not healing
Any injury, large or small, can lead to complications, lingering pain, or even long-term disability. Head, neck, and spinal cord injuries can be permanent, broken bones may not set right, and even a superficial cut or dog bite can become infected and lead to more serious medical complications.
If you are not recovering from your injuries as your doctor expects, or if your pain has gotten worse or has persisted for longer than normal, an experienced personal injury lawyer will be able to evaluate your medical records and treatment plans to determine the fair value of your injuries.
4. You missed work
If you have to miss work to undergo medical evaluations, receive treatment, or to fully recover from your injuries, you are entitled to be compensated for your lost wages. Depending on the nature and degree of your injuries and the amount of time you require to recover, the income you lose by being unable to work can be significant. You will need an effective accident attorney to make sure you receive the money you would have earned if you were not injured in the accident and were able to work.
5. You cannot return to your position at work
Often, injuries sustained in any accident can result in long-term or permanent disabilities that prevent you from returning to the job you had before the accident. Perhaps you returned to the same job but, because of your pain or restricted movement after the accident, you are unable to perform the duties that your position requires. If your condition interferes with your status at work or causes you to assume a lower-salaried position, an experienced accident attorney will fight for you to receive compensation for your reduced salary and lost future income.
6. The time for filing your claim is running out
The time allowed for filing a personal injury claim is limited by what is called the “statute of limitations.” This time limit for filing claims may be different in every state.
The standard time limit for filing most personal injury claims in Missouri is five (5) years from the date of the injury (for medical malpractice claims, it is two (2) years). In Kansas, you have only two (2) years to file most personal injury claims, and claims for intentional torts must be filed within one (1) year.
In either state, if you fail to file your claim within the appropriate limitations period, you will forfeit your right to raise a claim for those injuries. You don’t get a second chance.
Having a seasoned attorney who knows the different laws in Missouri and Kansas and who will make sure your claim is filed on time can make the difference between receiving a maximum settlement award and receiving nothing.
7. The insurance company denies your claim
An insurance adjuster’s job is not to help you recover damages; it is to save money for the insurance company. This happens when the insurance company denies your claim or minimizes your recovery. This is what insurance adjusters are trained to do.
If the insurance company denies your claim, don’t give up. Hiring an equally well-trained personal injury lawyer who knows how to deal with insurance company tactics is the best way to pursue your claim. Insurance companies are much more likely to settle your claim and cut their losses when they know you are represented by effective legal counsel.
8. The insurance company is pressuring you to settle your claim
Another tactic insurance companies use to save money is to quickly make you a settlement offer that significantly undervalues the amount you are otherwise entitled to recover and then pressuring you to accept that settlement. Don’t fall for these insurance industry tactics.
You should not agree to any settlement until you are sure what your claim is worth. The person most qualified to accurately value your claim is an experienced Missouri or Kansas personal injury lawyer. Even if you do not retain a lawyer to represent you in your case, you are strongly encouraged to at least seek the advice of legal counsel before agreeing to any settlement after an accident.
9. You are offered an unfair settlement
If the insurance company makes you an offer that does not cover the full cost of your expenses and it is not willing to budge, you may feel your only option is to settle for an unfair amount. You may need to pay your medical bills or repair your vehicle now, but the insurance company can afford to wait you out.
Don’t “settle” for an unfair settlement. An effective personal injury attorney is skilled at negotiating with insurance companies and will likely reach a fair settlement. If the insurance company won’t negotiate, your attorney will be prepared to litigate your case in court. Insurance companies are inclined to settle your case fairly to avoid going to trial. Hiring an aggressive personal injury attorney who knows how to negotiate with insurance companies is the best way to reach a fair settlement in your case.
10. You are not sure how or when to accept a settlement offer
If you think the insurance company has made a fair offer that you want to accept but you don’t know how, or maybe you are unsure whether you should accept a settlement offer, it is best to consult with a personal injury attorney, even if you don’t hire them to settle or pursue your claim. Receiving sound legal advice before settling any claim is the only way to know that the settlement you agree to is fair and in your best interest.
11. You are unable to reach a settlement
Most personal injury claims (95%) reach a settlement before going to trial. But sometimes insurance companies refuse to settle because they know you are not willing to go to trial. The longer the insurance company refuses to settle, the more likely you are to compromise and accept an unfair settlement or give up on your claim completely.
Hiring a personal injury attorney who is willing to take your case to trial is the best way to get the insurance company to settle your case. The insurance company would rather agree to a higher settlement than run the risk of a significant jury settlement if the case goes to trial.
If you simply cannot reach a fair settlement, you will need a litigation attorney with a proven record of success when taking personal injury cases to trial.
12. Your case is going to trial
If the insurance company won’t negotiate a fair settlement, you will need an attorney who knows how to prepare for trial and is successful winning personal injury cases in court. Preparing for success at trial takes time and requires a special set of skills for:
- Collecting evidence;
- Proving fault;
- Questioning witnesses;
- Evaluating medical records;
- Valuing injuries;
- Submitting relevant evidence;
- Understanding and explaining legal arguments; and
- Convincing a jury.
Without an experienced, successful personal injury lawyer at trial, you stand very little chance of winning a significant jury award.
13. You settled your case or won at trial but are having trouble getting paid
Just because you settled your claim or received a favorable jury verdict at trial does not mean your case is over. You still have to collect. And often that can be a long and tedious process, especially if the party at fault did not carry insurance at the time of the accident or files for bankruptcy. Sometimes the only way to collect your settlement or jury award in a timely manner is to hire a personal injury lawyer to complete the collection process.
14. There are complicated legal issues in your case
No personal injury case is easy, but some are more complicated than others. Having an attorney to resolve complex cases or complicated legal issues that arise can make a big difference in the outcome of your case.
Some issues that may require specialized legal knowledge, skills, and insight may include circumstances under which:
- Multiple parties are at fault;
- The accident involved a commercial vehicle;
- The party at fault had no insurance;
- You sustain permanent or life-altering injuries or disabilities;
- You require long-term treatment;
- The party at fault contests your injuries or their valuation;
- The accident involved a wrongful death.
Having an attorney with experience handling the variety of issues that may arise in a personal injury claim is important for resolving your case quickly, fairly, and successfully.
15. You have questions about your case
Even a minor accident can lead to a long process of negotiation and legal advocacy. As you can see, having the right personal injury lawyer on your side is beneficial at every stage of the legal process and can make all the difference for a successful outcome in your case.
If you have questions about your case or want to better understand your legal rights after an accident, consult with an experienced personal injury attorney as soon as possible. It is always best to obtain advice from the start by hiring an attorney immediately after an accident. But even if you have already filed a claim, there are advantages to having an attorney on your side at every stage of the process.
Call Foster Wallace, LLC, Any Time You Are in an Accident in Missouri or Kansas
If you or a loved one experience any kind of accident in Missouri or Kansas and suffer any type of injury, large or small, the award-winning Kansas City personal injury attorneys at Foster Wallace will answer your questions and guide you through any stage of the legal process.
We have five decades of combined experience successfully litigating personal injury claims just like yours. We can help.
Call Foster Wallace, LLC, today at (816) 300-3483 for a free initial consultation about your case. We will assess your case and offer sound advice for the best course of legal action to take after an accident in Missouri or Kansas.
