A serious accident in Kansas City can lead to piles of medical bills and being unable to work until you fully recover. You might seek compensation in a lawsuit, but filing the claim before the Missouri statute of limitations expires is necessary.
Below is some general information about the statute of limitations for filing a personal injury lawsuit in the KC area. However, the law can be complicated when applied to individual cases. Talk to a skilled Kansas City car accident attorney today if you have recent car accident injuries caused by another party. Waiting can put your rights in jeopardy.
Missouri Statute Of Limitations For Personal Injury
You have only so long to file a personal injury lawsuit in Kansas City and across Missouri. This state has a five-year statute of limitations for filing a lawsuit for auto accidents and other personal injury claims. Be sure to file your claim well before the statute of limitations expires so your car accident attorney has sufficient time to build your case.
Are there Exceptions to the Statute of Limitations for Car Accidents in Missouri?
As mentioned, generally, the statute of limitations for car accident cases in Missouri is five years from the date of the accident. However, there can be exceptions to this rule in certain cases.
One exception to the statute of limitations for car accidents in Missouri is when the accident involves a government entity or employee. In such cases, filing a notice of claim within 90 days of the accident is necessary. Failure to file this notice within the specified timeframe may result in the forfeiture of your right to pursue a claim against the government entity or employee.
Another exception to the statute of limitations applies to cases involving minors. If a minor is involved in a car accident, the statute of limitations is tolled, or paused, until the minor turns 21. This means that the clock does not start ticking on the statute of limitations until the minor turns 21.
It is always recommended to consult an experienced car accident lawyer to understand the specific details and exceptions that may apply to your case. Taking timely action can protect your rights and maximize your chances of receiving compensation for your injuries and damages. Remember, acting swiftly to secure the legal help you need in a car accident case is important.
Common Causes Of Kansas City Car Accidents
Sadly, auto accidents are a daily occurrence in growing Kansas City. The Missouri State Highway Patrol reports that 155,400 car accidents left 55,600 people hurt in a recent year in the Show Me State. Hundreds of thousands live in Kansas City, and many interstates and state highways course through the community. Common causes of auto accidents on the city’s busy roads include:
- Distracted drivers checking GPS, using a cell phone, selecting playlists, eating or drinking, talking to passengers.
- Speeding, tailgating, and other types of reckless driving
- Ignoring stop signs and red lights
- Driver fatigue
- Not yielding the right of way
- Negligence driving by commercial truck drivers
When a car driver causes a crash because of recklessness or negligence, you can sue them for lost income, medical bills, and pain and suffering.
How Your Attorney Establishes Fault In A Kansas City Car Accident
You firmly believe the other driver caused your Kansas City car accident. It might be true. However, your car accident attorney must prove to the other driver’s insurance company or the jury that their client is liable. This usually means you must show that the other driver didn’t act in a reasonable manner that another person would have. To obtain compensation, you must prove car accident negligence as follows:
- The other driver owed you a duty of care. For example, Kansas City drivers must drive carefully and obey traffic laws.
- They breached their duty of care by, for example, changing lanes into your vehicle and causing a multi-car pileup on the highway.
- You suffered injuries in the accident, such as a broken arm.
- You suffered damages in the accident, such as $50,000 in medical bills.
The above process is a simplified version that proves fault in a car accident. The process can be complex and requires a skilled car accident attorney to gather and interpret significant evidence. Your attorney will fully investigate the accident to determine how it happened and who caused it.
Your attorney may review the following evidence and more to establish fault in a car accident:
- The police report
- Vehicle damages shown in pictures and videos
- Surveillance camera footage, if available
- Photos and videos of the accident scene
- Witness statements
- Black box data from affected vehicles
- Driver statements
Where Do Most Car Accidents Occur In Kansas City?
Car accidents are rising in Kansas City, with a significant spike in fatal accidents in the past two years. Media sources have reported that I-670 is one of the deadliest highways in all of the U.S. Some of the other most frequent places for auto accidents in KC include:
- I-70 at the intersection of I-670 and US 71 Highway
- I-435 at the intersection of I-70
- Main Street and 23rd Street
- Truman Road and Oak Street
- Jackson Avenue and 31st Street
- US 71 Highway at the intersection with 63rd Street
- I-29 and the intersection with Barry Road
- I-470 at the intersection with I-435 and US Highway 50
Other hazardous roads where serious and sometimes fatal auto accidents occur are Prospect Avenue, Ward Parkway, Troost Avenue, and Emanuel Cleaver II Boulevard. Wherever your car accident occurs, get immediate medical attention to preserve your legal options. Then, speak to a car accident lawyer in a free consultation.
Why Hire A Car Accident Attorney If The Other Driver Has Insurance?
Another driver hit you on the interstate in Kansas City. You’re injured, and your car is totaled. But the other driver has Progressive Insurance. Why can’t you just contact Progressive without a lawyer and get your damages covered?
You can. However, the other driver’s insurance company isn’t your friend. The insurance company might cover your claim without hiring a car accident attorney. However, there’s a good chance that you will receive far less money than you might with an attorney.
Insurance companies hire excellent attorneys and claims adjusters to undermine and even deny valid policy claims. A serious car accident can cause you an injury requiring extensive treatment, recovery, and physical therapy. You can also lose weeks or months of work time and be unable to care for your children and do things around the home.
However, you may be unaware that these losses are compensable. You can negotiate a settlement with the other driver’s insurance company far less than you deserve. But you may not know you are being underpaid without a car accident attorney guiding you.
The best path for most auto accidents caused by another party is to have a car accident attorney review the claim. Personal injury attorneys are paid a contingency fee and receive a percentage of your compensation. Car accident attorneys will not accept a case they believe won’t lead to compensation, so there’s no risk in retaining a lawyer to negotiate for you.
What Your Kansas City Car Accident Attorney Will Do
When you hire a Kansas City car accident attorney, they will do most or all of the following for you:
- Investigate the accident: Your attorney will understand how the crash happened and who caused it. This initial investigation will demonstrate if the case will likely lead to compensation.
- Collect evidence: Proving fault means collecting evidence and building a case to show that the other driver’s negligence caused your injuries.
- Retain experts: Your car accident lawyer may retain experts to help your case. For example, they might bring in medical experts to testify about your degree of injury and how it affects your life. Your lawyer may also hire accident reconstruction professionals to prove how the crash happened.
- Defend your interests: The other insurance company will blame you if it can. Your attorney will defend your rights and deflect any blame from landing on you.
- Negotiate a fair settlement: Your car accident attorney will know roughly what the case is worth and negotiate for the most money. They know when to settle and when to move to the next step.
- Go to trial: If the insurance company doesn’t offer a fair settlement, your lawyer will file a lawsuit and take the case to the jury. Then, they will build the most persuasive case.
How Much Is A Missouri Car Accident Claim Worth?
Every car accident claim in Kansas City is different. Two cases with similar injuries can be worth vastly different amounts. Have a car accident attorney in Kansas City review your case to understand its value. Variables that affect a car accident claim’s value are:
Injury Severity
Imagine having a traumatic brain injury in your Kansas City car accident. It may take years to recover, and you may never be the same. The value of this claim should be higher than for a broken arm or leg. More severe injuries greatly impact the injured person’s life, so the case value is higher.
Medical Bills
Higher medical bills mean a higher case value. A serious brain injury may involve millions in medical bills for years in the future. On the other hand, a broken arm may be fully healed after two or three months with no long-term effects.
Lost Earnings
You can receive more money for lost earnings from a serious car accident injury, such as head trauma. Also, you may receive lost earning capacity compensation if the injury is permanent. How much in lost income earning capacity depends on age, profession, salary, and education level.
Insurance Availability
Many auto accident claims in Kansas City settle for insurance policy limits. In Missouri, drivers must have at least $50,000 in bodily injury coverage per accident. This is a relatively low amount of insurance, and a severe injury can cost much more. However, obtaining full compensation for a serious injury can be difficult if the at-fault driver has only $50,000 of coverage.
A skilled car accident attorney will determine if other liability policies can compensate for your losses.
Pain And Suffering
You can have tremendous pain and suffering from a serious injury, such as burns in a truck accident. This injury and subsequent treatments can lead to excruciating pain, and you should receive more money. A minor injury, such as a sprained back, might have less pain and suffering compensation, but these damages should still be considered.
Whatever your case size, your car accident attorney in Kansas City will fight for the most compensation if another party causes the accident and brain injury.
Should You See A Doctor After A Kansas City Auto Accident?
Yes, definitely. Many drivers and passengers may be injured after a Kansas City accident, but the surge of adrenaline may mask the injury initially. You can have a severe injury and have no idea for several hours or even days. For example, a ‘bump on the head’ may give you a slight headache, which you dismiss. But it can be a brain bleed that becomes much worse without medical care. Always see a doctor after any auto accident.
Also, you want to see a doctor after the Kansas City crash to ensure your legal options if you need to file a claim or lawsuit later. The insurance company will notice if you didn’t see a doctor for a week after the crash. This delay may cause the insurance adjuster to deny your claim.
After seeing a doctor, the next step is to retain a car accident attorney to represent you. They’ll determine if you have a case. If so, your attorney will carefully research the accident and your damages. If the other driver was at fault, your attorney will demand a fair settlement from the liable driver’s insurance company.
Speak To A Kansas City Car Accident Lawyer
A severe car accident can ruin your life. Severe injuries, high medical bills, and being unable to work can make life almost impossible. Always retain a skilled Kansas City personal injury attorney to represent you after someone injures you in an accident. You won’t pay legal fees unless your case is successful. For a free consultation, talk to an auto accident attorney today.
