Being injured due to someone else’s negligence can lead to life changing injuries, emotional distress, and even death. According to the Missouri Department of Health & Senior Services, unintentional injuries are the leading cause of death among ages 1-44. It’s common to feel lost after a personal injury, which is why we are here to help.
At Hinrichs & Scott Injury Trial Lawyers, we're committed to standing by your side, offering the support, compassion, and legal knowledge you need. Our team is dedicated to providing aggressive representation for our clients. Based in Kansas City, we serve clients across the borders of Missouri and Kansas with a focus on personal injury cases. We strive to help you seek justice and the compensation you deserve, guiding you through each step of the complex legal process.
After an Accident
Personal Injury Claims in Missouri
Missouri operates under a fault system for personal injury claims. This means that the party responsible for causing the accident is also responsible for compensating the injured party. It's essential to establish fault accurately, as this directly impacts the outcome of your claim.
In contrast, Kansas uses a no-fault system for personal injury claims. Here, Personal Injury Protection (PIP) insurance covers medical expenses and lost wages, regardless of who was at fault for the accident. Both systems have their complexities, and understanding them is crucial to successfully navigating your claim.
Both Missouri and Kansas follow the comparative negligence rule. This means that if you, as the injured party, are partially at fault for the accident, your compensation may be reduced proportionally. Understanding the implications of this rule is vital when filing a personal injury claim in either state.
When it comes to the statute of limitations, Missouri allows a five-year time limit for filing personal injury lawsuits, while Kansas has a two-year limit. It's crucial to file your claim within this period to preserve your right to seek compensation.
Filing a Personal Injury Claim
The process of filing a personal injury claim can seem daunting, especially when you're dealing with the aftermath of an accident. At Hinrichs & Scott Injury Trial Lawyers, we're here to provide guidance and support throughout this journey. To help you better understand the process, we've outlined a step-by-step guide on how to file a personal injury claim in Missouri and Kansas.
Step 1: Understand the Statute of Limitations
Firstly, it's crucial to be aware of the statute of limitations. In Missouri, you generally have five years from the date of the injury to file a lawsuit, as stated in Missouri Code section 516.120. Kansas, on the other hand, typically allows two years from the date of the injury, as per Kan. Stat. § 60-513. The clock starts ticking when the injury becomes reasonably ascertainable.
Step 2: Gather Evidence
Once you've determined the timeframe for your claim, start gathering evidence. This includes medical records, witness statements, and documentation of expenses related to the injury. The more comprehensive your evidence, the stronger your claim will be.
Step 3: Prepare Your Complaint
Next, prepare your complaint. This is a formal document that details the parties involved, the date, and location of the accident, the injuries sustained, and the relief sought. It's essential to be thorough and precise in your complaint as it forms the basis of your lawsuit.
Step 4: File Your Complaint
After your complaint is prepared, it must be filed with the appropriate court. The filing process varies between Missouri and Kansas, so it's important to follow the specific procedures for the state where your claim is being filed.
Step 5: Serve the Defendant
Following the filing of your complaint, the defendant must be served with a copy of the complaint and a summons. This is a formal notice that orders them to appear in court and defend the case. The service process must follow specific rules to be valid.
Step 6: Consult with An Experienced Personal Injury Attorney
Finally, we strongly recommend consulting with an experienced personal injury attorney. Navigating the legal process can be complex, and having a knowledgeable advocate on your side can significantly impact the outcome of your case.
Damages Available
When filing a personal injury claim, various types of damages may be available to compensate you for your losses. These can include:
Medical expenses
Lost wages and future earning capacity
Pain and suffering
Emotional distress
Property damage
Loss of consortium
Wrongful death damages
It's important to consult with a personal injury attorney to assess the specific damages applicable to your case and ensure you receive fair compensation for your injuries.
Cases We Handle
At Hinrichs & Scott Injury Trial Lawyers, we're here to stand by your side in various personal injury scenarios. These include:
Auto Accidents: If you're dealing with injuries from an auto accident caused by another driver's negligence, we're here to help. We'll assist you in seeking compensation for medical expenses, property damage, and pain and suffering.
Trip and Falls: In instances where you've had a slip and fall accident on someone else's property, we'll work diligently to establish liability and pursue compensation for your injuries and related expenses.
Workplace Injuries: If you've been injured on the job, navigating workers' compensation claims can be daunting. We're here to assist you in this process, aiming to help you receive the benefits you deserve.
Medical Malpractice: When medical professionals fail in their duty of care, resulting in injury or harm, we're ready to help. We can pursue medical malpractice claims to secure compensation for your suffering.
Product Liability: If a defective product has caused your injury, we're committed to holding manufacturers and distributors accountable. We'll fight for your right to compensation for their negligence.
Wrongful Death: In the tragic event of losing a loved one due to another party's negligence, we're here for you. We can assist surviving family members in pursuing wrongful death claims, helping to ease financial and emotional burdens during this difficult time.
Dog Bites: When a dog attack causes injury, we're ready to help. We can assist you in seeking compensation from the responsible parties, including pet owners and insurance companies.
Slippery Surfaces: If you've slipped and fallen due to poorly maintained or dangerous premises, we're here to help. We'll assist you in pursuing claims against negligent property owners.
At Hinrichs & Scott Injury Trial Lawyers, we understand that each case is unique and requires a personalized approach. We're here to offer our knowledge, compassion, and dedication to your cause. Reach out to us today; let's discuss how we can assist you in your journey towards justice and compensation.
Personal Injury Attorneys Serving Kansas City
As a law firm serving clients in and around Kansas City, we're committed to helping you seek the compensation you may be entitled to. Contact our firm today to arrange a free consultation and discuss your case with our experienced personal injury attorneys. We're ready to fight for your rights and guide you through this challenging time.