Kansas City Personal Injury Lawyers

It can happen to anyone, anywhere, and at any time: an accident — whether it be a car, truck, or motorcycle crash, premises liability issue, or other type of accident — can cause serious personal injuries, upending your life and sometimes sidelining you for long periods of time.

Personal injuries are frighteningly common, and many of them can leave their victims with significant, sometimes even catastrophic injuries. Bouncing back after you have suffered a personal injury can be a difficult and lengthy process; however, with the right medical care, you can recover, and with the right legal advice and representation, you may also recover compensation for the damages you have incurred.

Types of Personal Injury in Kansas City

The area of personal injury law is vast and broad. Generally speaking, a personal injury claim is filed by the injured individual (the plaintiff) against the responsible party (the defendant) who caused the accident. There are many different types of personal injury claims, including:

• Car accidents, where a negligent driver causes a crash that results in injury or damage
• Trucking accidents that are caused by either a negligent truck driver or the wrongfulness of the trucking company
• Motorcycle accidents that involve injury or damage to a motorcycle rider
• Premises liability, where the plaintiff is hurt on someone else’s property
• Wrongful death, where the death of a loved one is caused by the negligence of another party

How Do I Prove a Personal Injury Claim?

In a personal injury matter, the plaintiff must prove their claim. Even if your case does not end up in front of a jury, it is important that you prove each element of your claim during negotiations, as the strength of your claim will help determine the value of your potential settlement.

Generally, a personal injury involves claims for negligence, which is a way of holding a responsible party liable for the damages they have caused. Questions of liability can quickly become very complex, posing difficult issues that are essential to researching and preparing solid legal arguments. As soon as you can, consult with a personal injury lawyer regarding potential issues of liability in your case.

Negligence requires proving four elements:

• A duty of reasonable care towards the plaintiff and others, such as the duty to drive safely on the road;
• Breach of that duty by the defendant, such as breaking a traffic rule or otherwise driving recklessly;
• Causation, meaning that the defendant’s actions were the direct cause of the plaintiff’s injuries; and
• Damages which are the specific injuries the plaintiff has suffered and the monetary losses they have incurred.

The elements of negligence can apply differently to various claims; it is also important to note that various claims can have other elements that need to be proven. For example, a wrongful death claim may require you to prove specific facts regarding the untimely death of a loved one. It is important that you understand the proof requirements of your claim and consult with a knowledgeable personal injury attorney who can help you develop the best strategies to advance your case.

Proving a personal injury matter will also depend on relevant, reputable evidence. For example, in a car accident claim, you will want to ensure you have photo evidence of the scene, your injuries, and the damage to your vehicle; you will also want to make sure you have statements from those who witnessed the accident. Preserving evidence is important — again, an experienced lawyer can help you with this, investigating the facts of your claim and ensuring that your case is supported by strong evidence.

What Kinds of Compensation Can I Get If I’ve Been Injured in a Kansas City Accident?

A personal injury can leave you with various bills to pay, and it may also include damage to your property, lost time at work, and a general decline in your quality of life. There are various types of compensation, however, that you may be able to recover through a personal injury claim. If another person is at fault for the accident, you may be able to recover compensation for your damages, including:

• The costs of your medical imaging, testing, and treatments
• The costs of a hospital stay
• Doctor’s visits and specialist visits
• Prescription medication costs
• Expenses related to physical or occupational therapy, nursing, or rehabilitative care
• The costs of repairing or replacing your car or other personal property that was damaged
• Wages or income you have lost as a result of being unable to work after the accident
• Your pain and suffering, mental anguish, and emotional distress
• The loss of your ability to engage in activities that you can no longer do as a result of your accident
• The overall, general decline in your quality of life

Can I Still Recover Compensation if I’m Partly to Blame for an Accident in Kansas City?

Generally, the party who is responsible for an accident or injury will be held liable, paying out damages to the injured party. However, accidents are not always clear-cut, and more than one party may be at fault. For example, in a motorcycle accident claim, the other driver who strikes the motorcycle rider may be negligent, but the rider may also face some liability if they rode their bike in a reckless or negligent manner, such as by failing to obey traffic signals or speeding.

In the event that the plaintiff is partly to blame for the accident, it is important to note that they may still recover compensation; however, their overall amounts will be reduced by the portion of liability that the plaintiff is responsible for. In essence, it will be up to a jury to decide who is liable for the accident and in what proportion. If your case does not end up in court, this issue will come up during negotiations with the other party and their insurance company. Once liability is proportionally assigned, the plaintiff’s recovery will be reduced by the amount of fault that is deemed to be the plaintiff’s. This is called modified comparative fault.

It is also important to note that in some personal injury cases, there may be various defendants who are liable for causing the plaintiff’s injuries. For example, in a truck accident, the truck driver may be partially at fault if they were driving negligently, but the trucking company may also be held partially at fault if they failed to properly maintain or inspect their truck if that failure contributed to the accident. In those cases, multiple defendants may share liability, again based on the percentage of fault of each one, and be responsible for paying the plaintiff’s damages.

What Should I Do After I’m in an Accident in Kansas City?

After an accident, it is first and foremost important to get the medical care you need in order to get better. It is also important to gather relevant evidence and preserve it and to protect your legal rights. To do so, take the following steps after an accident:

• Seek medical help and get a complete medical evaluation. Even if you feel completely fine, some injuries can take weeks or even months to manifest, and you’ll want to make sure you have a full picture of any medical issues. Go to a hospital, visit your own doctor, or get checked out by emergency medical professionals at the scene.
• Ask any witnesses to record or write down a statement of what they observed at the scene of the accident. Take down contact information for all witnesses, as well as the other party and their insurance company.
• Take a few minutes to write down or record your own account of what happened as soon as you can after the injury and while it is still fresh in your mind.
• Make any necessary reports to the authorities. After a car accident, for example, be sure you call the police so that they may investigate the scene of the crash.
• Take pictures of the scene of your accident, the full extent of your personal injuries, and any damage to personal property.
• Consult with an experienced and knowledgeable personal injury attorney, who will be able to go over your options, explain your legal rights, and strategize with you regarding the next steps to take in your case.
• Continue seeking and receiving the medical care you need in order to get better. After a personal injury, you may experience serious medical issues, physical pain, and even mental or emotional trauma. Seek out the help you need to rebuild your life.
• Keep track of all of your expenses, including medical bills, rehabilitative or home care, therapy, and any other invoices you’ve incurred as a result of your injuries. Also, keep track of any days of work you have missed as a result of the accident.
• Keep a detailed journal that reflects how you are feeling each day, including your pain levels after the accident and the ways in which your injuries are impacting your daily life. This will be helpful in proving the full extent of your damages, which is important.
• With your attorney’s help, make a claim with the insurance companies involved. Often, there is a significant power imbalance when insurance companies are involved — after all, they tend to have large legal teams and considerable resources on their side. By hiring an attorney, you can make sure you have an advocate on your side who will fight for you and negotiate with the insurance companies toward a fair and reasonable settlement offer.
• Work with your attorney to file your claim in the appropriate court and prepare a strong case to present to the jury if a settlement is not possible,

When Should I Hire a Personal Injury Lawyer?

There are many good reasons to consult with an experienced and knowledgeable personal injury attorney, particularly where consultations are free. They will be able to offer you legal advice, go over your options and potential next steps, and explain your legal rights. Hiring an attorney is a good idea for many reasons: they will investigate the facts of your case thoroughly, preserve relevant evidence, negotiate with the other party and their insurance company, and present your case in court if a settlement is not possible. In some cases, however, hiring an attorney can be absolutely essential to your case — in particular, you should consider doing so if your case involves any of the following situations:

• Complicated facts, particularly regarding liability or damages
• Severe or catastrophic injuries or significant costs incurred as a result of the injury, up to and including wrongful death.
• Complex laws or various different laws involved
• Several different parties or insurers may share liability for the accident
• Complicated evidence, testimony, and expertise needed to make your case
• Settlement negotiations that are not moving forward

How Much Will it Cost to Hire a Kansas City Personal Injury Attorney?

Generally, personal injury lawyers will provide their help on a contingency basis, which means they will not recover any attorney’s fees from the plaintiff unless the plaintiff prevails and recovers compensation when the attorney will take a percentage of the settlement or verdict amount.

Why Trust Bretz Injury Law with Your Personal Injury Case?

A personal injury of any kind can wreak havoc on your life, leaving you with serious injuries and resulting financial damages. Having a knowledgeable, experienced attorney by your side to help with your personal injury case can make all the difference — in fact, according to a study by the Insurance Institute, people who hire an attorney to represent them receive two-and-a-half to three times higher settlements than those who do not seek legal assistance. Our attorneys have a reputation for seeking a fair and reasonable resolution on behalf of our clients, and we are known for fighting on behalf of our clients in court where a settlement is not possible.

Personal injury claims can be tricky and difficult to prove, and it is important to have legal help with your case. After an injury or accident, you shouldn’t have to shoulder the aftermath alone. When you trust your case to Bretz Injury Law, you get more than a single lawyer on your side; you get an entire team of seasoned legal professionals all working together to secure the best possible outcome on your behalf. Our Kansas City personal injury lawyers can help you understand your rights and fight for the fair compensation you are owed. Contact us today for a free consultation.