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Kansas City Accident Attorney - Delayed Injury
Kansas City Delayed Accident Injury Attorney You may have been in an accident, in Kansas City, and did not realize you suffered injury until days or weeks after it. Your injury doesn't have to be life threatening for you to need care. Both injuries that were apparent immediately following the accident and the injuries that were delayed can entitle you to financial recovery.
Although both you may be entitled to recovery for the delayed injury, proving that the injury was caused by the accident is challenging. However, we understand that your delayed injury will prevent you from enjoying life, working, sleeping, etc...and likely requires physician care, and will cause ongoing pain. If you had a delayed injury, caused by the negligence of another, you need an accident lawyer to get you the compensation you deserve. Call Attorney T. Morton today @ 913.602.7288 or complete this FORM.
When to Seek Medical Attention Immediately following an accident it is not uncommon for those injured to initially assume they are uninjured; however, that may not be the case. Delayed injury, is just what the name implies - injury that is not immediately evident and/or develops following the initial impact. We suggest that you seek medical attention as soon as possible. Medical professionals will suggest that you closely monitor your symptoms, and get emergency medical attention when:
Your headaches get worse.
Your headache pain changes.
You have a fever (temperature higher than 100.4 degrees Fahrenheit/ 38 degrees Celsius).
You feel numbness, tingling, weakness in your arms or legs.
Your vision changes.
You vomit often or cannot keep medication down.
You are confused or have difficulty waking from sleep.
No one knows you better than you. If you think you need medical attention, get it.
Types of Delayed Injury Delayed injury is often referred to as "hidden injury". Hidden injuries can include:
Concussions - A concussion is a type of traumatic brain injury that is caused by a blow to the head or body, a fall or another injury that jars or shakes the brain inside of the skull. Although there may be cuts or bruises on the head or face, there may be no other visible signs of brain injury.
Mild Traumatic Brain Injury - A mild traumatic brain injury is a mild loss of consciousness and/or confusion and disorientation is shorter than 30 minutes. While MRI and CAT scans are often normal, the individual has cognitive problems such as headache, difficulty thinking, memory problems, attention deficits, loss of sleep, mood swings and frustration.
Strains - A strain is a stretching or tearing of muscle or tendon. A tendon is a fibrous cord of tissue that connects muscles to bones.
Biomedical dysfunction - An acquired change in musculoskeletal mechanics resulting in faulty movement patterns.
Sprains - A sprain is a stretching or tearing of ligaments - tough bands of fibrous tissue that connect two bones together in your joints. The most commonly mentioned sprain is an ankle sprain.
Physical Therapy to reduce pain and increase strength
Prescribed steroid treatments (oral or injected)
Surgery to relieve pressure
The seriousness of your injury and/or the amount of pain you are experiencing will dictate your treatment needs. Treatments, for you delayed injury symptoms, are oftentimes combined. Beyond physical therapy, pain medication and surgery, your treating physician may also recommend chiropractic care, massage and other forms of therapy.
What am I entitled to for my delayed injury? Delayed injury, generally, directly interferes with your ability to complete everyday activities without pain. It also can hinder your enjoyment of extra-curricular activities you once participated in. Kansas law requires that if a person is found negligent he or she may be held financially responsible for your damages, such as pain and suffering and loss of enjoyment of life. The at-fault party may also be held responsible for compensatory damages, such as:
Loss of future income
Loss of household services
NEGLIGENCE DEFINED Negligence is defined as the failure of a person, company, government agency or other entity to operate or function with the same level of care that another responsible party would use in the same circumstances.
How long will your case take to be resolved? Resolving a personal injury case can be as short as several days, or as long as several years. There are many factors that go into determining how long a personal injury claim can take to resolve, and Attorney T.Morton can adequately explain these factors to you. Contact us for your free consultation 913.602.7288 or complete this FORM.
Why hire a delayed injury attorney? An attorney can help you consider how this injury will effect you over your lifetime. You may require ongoing medical care, therapy, assistance, etc... Have you considered that you may not be able to fully perform your job duties, which could cause you to be terminated from your job? Have you considered that you may never stop having pain that require medical treatment and medication? These are a couple, of the many, questions a trained attorney will consider when seeking compensation for your injury. This injury is difficult, but not impossible to diagnose, and the laws are complex. You need an attorney by your side. Call Attorney T. Morton today @ 913.602.7288 or complete this FORM.
SPEAKING TO THE KANSAS CITY INSURANCE COMPANY Surely you have seen the commercials, and read the blogs, that instruct you not to speak to the insurance company before speaking to a Kansas City attorney. This may leave you wondering what to say, since at the very minimum you have to notify them of your accident. Giving the basics is best, as follows:
Where the accident occurred. You can share specific streets, locations, etc...but do so precisely (ex. "The car crash was at 5th & Main Street, Kansas City, Kansas 66210.");
When the injury took place. This is only to include the month, day, year and time of the accident (ex. "Tuesday, November 15, 2016 at 12:50 p.m..");
The type of accident. Be careful here not to draw conclusions, give details or take fault for the accident (ex. "The accident was a car vs. car.");
You were injured and have/plan to seek medical care. If you have already received care for something (ex. a cut that required stitches on the date of the accident) you can share that with the insurance company. Make certain to also tell the adjuster that the full extent of you injuries are still under investigation and that the necessary details will be provided through your attorney. Do not minimize you injuries. Do not say that you are only seeking medical attention for a specific injury. There may be injuries that you cannot see and/or that take weeks to manifest.
Who/what was involved. State just that and only that (ex. "My 2010 Saturn, L200 and the other party's 2012 Toyota, 4Runner.").
It probably will feel strange to speak in this matter-of-fact fashion. To make this easier, we suggest that you set boundaries at the beginning of the conversation (ex. "This accident and my injuries are still under review, and I am under/will be seeking medical care and professional advice. I will be providing you only with the details necessary to notify you that I was in an accident that caused me injury and damages.") Remember- Do not put anything in writing, sign any documents, or allow a recorded conversation without speaking to an attorney first.
Because Kansas is a "no-fault" car insurance state, you will have to make a report to your personal insurance company too. You will likely have, as part of accepting your insurance policy, already given them rights to records, information, etc...You should cooperate with your insurance company while will still remaining firm in only providing the basics, pending full investigation into your damages and injuries. Remember that anything you say to your insurance company can be used against you later, by the at-fault party's insurance company, and will impact your future claim for compensation.
YOUR CONVERSATIONS WITH THE, AT-FAULT PARTY'S, KANSAS CITY INSURANCE COMPANY - QUICK TIPS
NO RECORDED STATEMENTS OR SIGNING OF DOCUMENTS. They may ask for your consent to record. Decline. If the adjuster refuses to complete the conversation, without recording, discontinue the call. Your permission must be given to be recorded. You may receive documents that appear to be (or are even titled as) "routine" or "normal procedure" do not sign those, or anything else without speaking to your attorney.
Be polite and calm. They are not your friend but, not your enemy either. Maintain a professional, and polite, demeanor and tone during your conversation. Understandably, this may an emotionally difficult time for you, but stay calm. If you feel yourself becoming overwhelmed (with anger, frustration, anxiety, fear, sadness, etc...), take a break or ask that the adjuster call you back. Don't feel pressured to continue if you cannot be both polite and calm. The adjuster is taking notes.
Document the name of the person you are speaking with, their agent number and, the date and time you spoke to them. Keeping records and being organized will benefit you in the long run. Your attorney will want this information too.
Give no details. As noted above, keep your statements to simply the facts and nothing more. It may be uncomfortable, and you may be tempted to get into a seemingly casual conversation with the adjuster, always remember the adjuster is not your friend and your statements now can be used to lower your compensation later.
Provide limited personal information. As mentioned above you don't need to give details additional details surrounding your personal information (ex. your work schedule or your family members' information).
Take notes. The car insurance company will be taking notes about your conversation, and you should too.
Do not give consent to access to your records. This includes medical records, employment records or other personal records. You also do not have to provide the name, address, phone number, etc...of any of the professionals from which you have, or will, seek care. Simply remind the adjuster that any pertinent information will be provided when you have full details, and after you speak to your attorney.
Don't agree to have an exam by, or in the presence of, anyone affiliated with the insurance company.
When in doubt speak to an attorney. You may have a gut feeling that you should not answer a question, or that you have lost control of the conversation. It is better to end the call and contact an attorney than to regret continuing later. Remember that the adjuster is a trained agent of the insurance company, and while you may have done this only once, they have done this hundreds of times.
TAKE ACTION TODAY The selection of T.Morton, and her personal injury team, is an important one and should not be taken lightly. We are dedicated to you and your case. We offer a competitive fee structure for winning your case. T. Morton, Kansas personal injury lawyer, will help you through the process and assists you in getting the compensation you deserve. Contact us for your free consultation 913.602.7288 or complete this FORM.
Copyright, T.Morton 2017. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing it does not constitute, an attorney-client relationship.