When you’re driving down the road or choosing a qualified medical professional, your safety depends on others to a disturbing degree. Unfortunately, many drivers, medical providers, and business or property owners can let you down, causing irreparable injuries. When this happens, the at-fault driver, business owner, or health care professional may be held responsible for the damages.

However, getting the damages you need and deserve isn't always easy. Not only are Kansas personal injury, medical malpractice, and wrongful death laws complicated and confusing, but you’ll also run into several players (insurance adjusters, defense lawyers, and others) actively working against your best interests during the litigation process. Rather than ensuring you're fairly compensated, insurers and defense teams have one goal: to save the company – or their client – money by finding ways to reduce or eliminate their financial obligation to you.

Working with skilled attorneys with experience handling these types of legal matters may increase the chances of a favorable case outcome. Fortunately, you've come to the right firm.

Exceptional Personal Injury and Medical Malpractice Attorneys Serving Overland Park 

Looking for caring and capable Kansas injury and malpractice lawyers who can protect you – and your claim – from unfair tactics and help you fight for a full recovery? Look no further. Foster Wallace’s adept attorneys have helped countless clients resolve their personal injury, medical malpractice, and wrongful death claims. Based in Kansas City, Missouri, our esteemed lawyers, Michael Foster and Brian Wallace, serve clients in Overland Park, Kansas, and elsewhere in the Show-Me and the Sooner States. Call (816) 249-2101 for more information on your case.

Personal Injury 

If you were injured in an accident caused by another individual or entity's carelessness or negligence, you might have grounds to file a lawsuit in Kansas civil court. Common personal injury cases include car accidents, truck crashes, motorcycle wrecks, pedestrian and bicycle accidents, nursing home neglect, sports injuries, and dog bite claims.

Premises liability cases are another type of personal injury claim. These cases are based on the defendant's alleged failure to reasonably maintain property that they own or control (such as a store or residence) to ensure the safety of customers, occupants, or other lawful visitors. Though slips and falls are the most well-known kind of premises liability claim, other similar cases may involve swimming pool accidents, negligent security, amusement park accidents, inadequate maintenance, defective conditions, and elevator and escalator accidents. A dog bite case filed against the dog owner's homeowner's insurance policy would also be a premises liability claim.

What You Have to Prove 

Before collecting compensation, you and your injury attorney must prove several vital points, also known as elements of a personal injury case. These elements are as follows:

  • The defendant (a motorist, truck driver, nursing home, dog owner, etc.) owed the plaintiff (you) a duty of care 
  • The defendant breached that duty of care 
  • The breach of duty of care caused an accident (car crash, motorcycle wreck, slip-and-fall, etc.)
  • You suffered injuries and losses as a result 

What You Could Recover 

What your injury case is worth depends on various factors, including the quality of the available evidence and the knowledge and skill of your attorneys. Our seasoned Overland Park lawyers may be able to help you recover compensation for:

  • All accident-related medical expenses, including the cost of future care 
  • Lost wages and benefits
  • Loss of earning potential 
  • Out-of-pocket costs
  • Physical pain and suffering
  • Mental and emotional anguish
  • Scarring or disfigurement
  • Humiliation 
  • Reduced quality of life
  • Loss of enjoyment of life 

Unsure which damages may apply to your particular case? We can help.

Medical Malpractice 

Even doctors can make mistakes, but medical malpractice is much more than a simple error or an undesirable outcome: it's a deviation from the accepted standard of care that results in injury to the patient. Examples of common medical malpractice cases include misdiagnosis, delayed diagnosis, failure to treat, incorrect treatment, prescription drug errors, surgical mistakes, anesthesia errors, and birth injuries. A wide range of medical care providers—and the health care facilities that employ them—could be held accountable for malpractice. These include doctors, nurses, physician assistants, podiatrists, optometrists, dentists, pharmacists, mental health professionals, physical therapists, and respiratory therapists.

What You Have to Prove 

Winning a Kansas medical malpractice lawsuit can be challenging, as it requires extensive medical evidence and highly-skilled injury attorneys who can understand and adeptly present it in court. The experienced legal team at Foster Wallace works closely with medical malpractice clients to build a solid case to prove that:

  • A provider-patient relationship existed between you and the defendant 
  • The defendant deviated from the applicable standard of care 
  • You suffered injuries and damages
  • The injuries and damages resulted from the deviation in the standard of care 

What You Could Recover 

Depending on your case’s facts and evidence, you could recover compensation for past medical bills, ongoing future care, reimbursement of lost wages, and compensation for diminished earning ability. Additional damages may include physical pain, suffering, worry, anxiety, and scarring or disfigurement. A jury may also award punitive damages in cases where the defendant's conduct is especially egregious.

Wrongful Death 

If your loved one's death was caused by another person or entity’s wrongful act or omission, your family might have grounds for a wrongful death lawsuit. A car crash, truck wreck, other personal injury accident, or medical negligence could all form the basis of a wrongful death suit. Kansas allows a decedent's “heirs at law” –  the surviving spouse, children, parents, grandparents, or siblings – to file this legal action.

What You Have to Prove 

Our accomplished Overland Park wrongful death attorneys will gather the necessary evidence to prove that:

  • The defendant owed the deceased a duty of care 
  • The defendant breached that duty of care 
  • The breach of the duty of care caused the decedent's death
  • You and other surviving heirs at law suffered economic and non-economic damages as a result of your loved one's wrongful death 

What You Could Recover 

Any damages recovered in a Kansas wrongful death case are meant to benefit all eligible heirs, even those who opted not to join the lawsuit. We could potentially help you collect compensation for:

  • Medical bills related to your loved one's final injury or illness
  • Funeral and burial expenses
  • The value of the wages the deceased would have likely earned if they had lived
  • The value of the household services previously performed by the decedent 
  • Your family's mental anguish, suffering, and grief
  • Loss of your loved one's companionship, guidance, support, and care 

How Our Overland Park Injury and Medical Malpractice Lawyers Can Help

At Foster Wallace, we're dedicated to helping our clients achieve their goals and recover the compensation they deserve for negligence-related injuries and damages. We'll review your case for strengths and weaknesses, conduct a thorough investigation, gather essential evidence, develop a strong case strategy, negotiate and evaluate settlement offers, and take your case to trial, if necessary. Ready to find out what we can do for you?

Schedule an Appointment 

Complete the online contact form or call (816) 249-2101 to schedule an appointment for a complimentary initial consultation to discuss your Kansas injury, medical malpractice, or wrongful death case. In the meantime, request our free guide, What Insurance Companies Don't Want You to Know About Your Kansas or Missouri Car Accident Claim.