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Kansas City Car Accident Attorney
KANSAS CITY CAR ACCIDENT ATTORNEY Hundreds of Kansas City car accidents happen monthly. Millions of auto accidents and related injuries occur each year, across the United States. In 2016, the U.S. Department of Transportation's National Highway Traffic Safety Administration reported an estimated 35,200 people died, in traffic related deaths, in 2014. While nationwide this was only a 7.7% increase, in Kansas there was an over 8% increase in traffic related deaths. Auto accidents are all too frequent. T.Morton, Kansas personal injury lawyer, understands how difficult, and expensive, this can be for you and your loved ones.
T.Morton, personal injury lawyer, can guide and assist you through the difficult legal process. Those who injured you will likely have attorneys, investigators and insurance company employees working against you. The goal of these individuals is to pay you as little as possible. Attorney T. Morton, and team, will work tirelessly to protect your interests and get you the compensation you deserve. Contact us now for your free consultation 913.602.7288 or complete this FORM.
FAULT - Auto Accidents Those using public and private roads owe a duty of care to those sharing the road with them. This duty extends to pedestrians and cyclists too. Some ways that a driver can violate this duty by acting negligently. Examples of negligent acts include:
Texting and driving
Driving under the influence of alcohol and/or drugs
Failing to obey/see traffic signs (ex. stop signs)
Faulty vehicle parts
Even if you think you were at fault for an accident it is best not to admit fault, before speaking to a personal injury attorney. There are factors that you may not be aware of that contributed to the accident. Further, even if you were somewhat at fault (or so you think), the other driver may have been more at fault. Kansas is a comparative negligence state where, if your fault was 49% or less you may be entitled to compensation. The only way to be sure is to contact an attorney for legal advice.
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.
INJURIES Like most accidents, the injuries can range from minor to major. Statistics show that you are more likely to be in a car accident in your lifetime than in another kind of accident. Some possible injuries include:
Injuries of this kind may require extended hospital stays, ongoing rehabilitative therapy, personal therapy, psychological support, and more. You are not alone in seeking the compensation you are entitled to because of your injury. Do not make declarations about the extent, or lack of, injuries before speaking to an attorney. Avoid recorded/official conversations, signing a medical declaration, or any other affirmative statements until you have sought legal guidance. Call Attorney T. Morton today for your free consultation at 913.602.7288 or complete this FORM.
CAR INSURANCE Will my insurance company cover my expenses? If you own and/or operate a vehicle in Kansas, and across the nation, car insurance is required. This to protect you and other drivers from complete financial loss if an accident and/or injury occurs. However, having insurance does not mean that you will have 100% of your costs covered. Beyond your co-payment, you may have other out-of-pocket expenses. For example, you may have to pay for a rental car while your car is being repaired or, you may have to pay upfront for the cost of towing your vehicle. Beyond the cost of getting/repairing transportation, you may have other costs that your insurance company may not cover. Further, if you were not at fault, both the at-fault party's and your insurance company may insist that the other is responsible. You need an attorney who understands the insurance law, your policy and determination of fault, to get you paid.
What is Kansas "comparative fault" insurance? Kansas is a "comparative fault" insurance state. That means that the at-fault party's insurance company will want to show that you were also (if not totally) responsible for the accident. Kansas courts will consider the percentage of fault you are responsible, compared to the percentage of fault the other party is responsible. If you are found to be 50%, or more, at fault, your receipt of compensation can be barred. If you are found to be 49%, or less, responsible, your claim would be reduced by the percentage you were determined to be responsible for the accident and/or your injuries. This is a subjective test, for the most part, and your attorney will work with you to prove, support and argue your claim so that you get the justice you deserve. Doing so will possibly require experts, witnesses, medical professionals and more.
What is Kansas "no-fault" car accident insurance? Kansas uses a "no-fault" car accident insurance procedure. Essentially that means you will first file an accident claim through your personal car insurance. This claim is filed even if you were not at fault for the accident. Only after exhaustion of the personal injury protection (PIP) benefits of your insurance and where an injury that is considered serious has occurred, will your claim be considered in court. Injuries considered serious include:
Permanent loss of a body function
Fracture of a weight-bearing bone
Compound, comminuted, compressed, or displaced fracture of any bone, etc...
You will likely be asked to give a recorded statement to your insurance company, about the accident before you can receive your PIP benefits. We suggest you talk to us first. Be aware that we are not suggesting that you should not cooperate with your insurance company, because doing so could allow your carrier to terminate your benefits; rather, we are suggesting that you seek legal guidance first, in order to fully protect your claim with your carrier and the at-fault party's carrier. What information do I need to start my Kansas City car accident claim? Gathering information necessary to prove your claim, on the day of the car accident, was probably the last thing on your mind. In a Kansas City car accident, an attorney will request specific information about the accident. Some of the what you may be asked for/about includes:
Details surrounding what caused the accident and your account of the incident
Witness statements and contact information for each
The date, time, weather, exact location, etc...(some of these items may be on the police report)
The police reports describing the accident and providing the other party's account of the incident
The medical reports describing your initial injury, current care and possible future care
Determination of disability (if applicable) and the permanacy rating
Videos, pictures, diagrams, x-rays, etc...of your injury
Any other related statements given (ex. depositions)
Psychological or physiological exam reports
Current expenses and/or damages (to include medical, property repair, loss of income, etc...)
These are just a few of the items that may be necessary to support your claim, and begin the process. Don't worry if you don't have everything. Attorney T. Morton, and her team, will work with you to get each. Remember that if you cannot meet us at our office, we can have our initial consultation, free of charge, where it best suits you.
CAR ACCIDENT COURT How long do I have to file my Kansas City car accident injury case? In Kansas, the statute of limitations (the time limit you have to file), for car accidents, is two years. Typically, this time limit starts from the date of your accident. However, if there were injuries that could not be discovered on that date, the two year time limit may start from the "discovery date" (i.e. when you discovered the injury) instead.
What is my car accident case worth in Kansas City? In Kansas, car accident damage awards are limited as follows:
Economic damage, reimbursement for medical costs, lost wages and future earnings do not have any limits.
There is a $250,000 limit for pain and suffering compensation.
Punitive damages are limited to the defendant's yearly income or $5,000,000 (five million dollars) and require a separate legal hearing.
If you, or your loved one, suffered from a car accident injury, you may be entitled to compensation for:
Pain and suffering
Loss of consortium (in the case of a spouse), and more.
You need an attorney to make sure your rights are protected and you're made whole after a car accident injury. Take action today and call Attorney T. Morton for your free consultation at 913.602.7288 or complete this FORM.
Where do I file my Kansas City, car accident, personal injury, lawsuit? In Kansas, a personal injury, caused by a car accident is considered a civil claim. Civil claims are filed in the county's district court. Which county district court your case needs to be filed is determined by either the county where you reside or the county where the accident occurred. You will want to talk to your attorney about deciding which jurisdiction is best for your case.
How do I file my car accident claim in Kansas? Beginning your lawsuit starts with filing a complaint. This is followed by having the complaint and the summons to appear served on the at-fault party (defendant). The defendant is then given 10 days to file a response to your complaint. During this time they may choose to file countersuit or incorporate counterclaims.
If your claim is for less that $4,000 it can be handled in the small claims court.
The settlement offer seems fair. Should I take it? The insurance company may have contacted you and made a settlement offer. The adjuster seemed nice and suggests that they just want to get you paid quickly. We suggest that you do not take it before speaking with an attorney. Frequently the first offer, particularly for those who do not have an attorney, is the lowest. The faster and cheaper the insurance company can close your case, the better for its profits. How long will your case take to be resolved? Typically car accident, personal injury, cases do not require you to go to court. 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.
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.