Kansas City Personal Injury Lawyers

A:Generally, if you have been injured in an accident caused by someone else, you will be able to file for damages. A successful claim relies on your ability to prove 4 things:

1. The at-fault party owed you a “duty of care,” which could be anything from competent medical treatment to safety while driving or freedom from personal assault.
2. That party breached the duty, either through negligence or intentional action.
3. Their breach of duty caused an injury.
4. That injury resulted in damages to you or your property.

If you aren’t sure whether you have an injury case, our attorneys can review your situation to determine your legal options.

A:Missouri’s statute of limitations for personal injury claims is 5 years. This time period typically starts when a plaintiff is injured, though there are a few exceptions. If an injury victim is under the age of 21 at the time of injury, they have 5 years from their 21st birthday to file a claim. Similarly, if someone is mentally incapacitated at the time of the injury, the statute of limitations will not count the time they need to recover. Finally, if the negligent party leaves the state the period of their absence will not be included in the 5-year time limit. If you miss the statute of limitations, your claim will not be recognized by the courts even if it is valid. We encourage you to speak to our team if you are considering a personal injury suit. We can help you take timely action to pursue compensation.

A:The types of compensation that can be pursued after an accident are divided into three main categories:

1. special (economic),
2. general (non-economic), and
3. punitive.

Special damages compensate for financial losses such as medical bills, future medical expenses, and lost wages due to the victim’s inability to work. Since special damages are typically easy to quantify and revolve around the financial impact of an injury, they are also called “economic damages.” General damages compensate for the more abstract losses an injury victim faces, including emotional distress, pain and suffering and a loss of enjoyment of life. These are known as “non-economic damages.” The state of Missouri does place a limit, or cap, on how much a jury can award in general damages for certain cases. Our team can tell you whether this might apply to you. The last type of damages, punitive damages, differ from the first 2 in that their main purpose is to punish the negligent party. As such punitive damages are infrequently awarded.