After a serious car accident in Kansas City that involved severe injuries or even death, the injured party or surviving family members of the deceased person may need a dedicated car accident attorney in Missouri who can help fight for their right to a fair and maximum settlement to cover any monetary damages related to the injuries, such as emotional damages, medical expenses, pain and suffering, lost earnings, and more.
To help those involved in a car crash on our roads better understand what happens in terms of the legal process after a collision, it is helpful to understand the points listed below:
- Insurance companies stand to profit by paying less. People involved in car crashes must keep in mind that if the claim process seems too easy, then the insurance company may well not be giving the injured party the full benefit that they are entitled to receive after an accident.
- Proving fault in a car crash or even the percentage of fault in terms of who caused the collision is typically a strong indicator in determining how much the settlement may be worth for the injured party.
- A claim could be valuable. The law regarding car accidents in Kansas City is designed to make sure that crash victims are given fair and full compensation for injuries suffered due to another person’s fault or negligence. An insurance company may set a relatively low claim value, but victims ought to keep in mind that the law entitles victims to compensation to cover financial damages for both now and in the future.
- Drivers must remember that the more one contributes to the accident, the less an insurance company is likely to pay for the injuries. This is called the comparative fault system.
What Can Drivers Expect from an Attorney After a Car Accident in Kansas City?
It seems to be that insurance providers and insurance adjusters try to approach victims for a quick settlement for basic medical bills and hope that the plaintiff and their car accident attorney will not attempt to negotiate for more, be it at the negotiating table or a court of law. One of the main goals of a Missouri car accident attorney is to make sure that that does not happen, which is why they will use the full extent of the state’s laws to fight for the compensation that covers all injury-related costs. This compensation may include:
- Past and future medical bills
- Loss of quality of life expenses
- Emotional damages, if applicable
- Loss of consortium
- Past and future lost earnings
- Pain and suffering
When there is a case of wrongful death, the compensation may further extend to include emotional distress, funeral expenses, loss of financial contribution, and other costs.
What Will a Kansas City Car Accident Attorney Do for the Plaintiff?
By working with a dedicated car accident attorney, accident victims can also expect certain duties from legal counsel, including:
- Duty to diligently represent the client – an attorney will put the client’s interests first while representing the client’s point of view
- Duty to avoid a conflict of interest – lawyers only represent their client and not other drivers involved in the crash
- Duty of competent representation – an attorney should have the necessary skills and experience to represent the case and confront any challenges that may arise during the legal process
- Duty of confidentiality – anything that a client and their car accident attorney discuss is to be kept secret
What Can I Expect from My Missouri Car Accident Attorney During Settlement Negotiations or the Litigation Process?
Soon after a crash, but within five years, according to the state’s statute of limitations, a crash victim must file their lawsuit. Prior to that, the plaintiff and their car accident attorney may document the details of the incident, collect witness statements, and gather evidence and medical records, as well as file the claim.
Many claims do result in a settlement before filing a lawsuit. The minimum insurance laws and a range of other factors ensure a degree of compensation for injuries suffered in a collision. But, since the minimum insurance laws may not cover all the damages, an attorney will put the victim’s interests and needs at the forefront of their legal strategy to fight for a fair settlement.
After investigating the case, calculating numbers, recovering medical records, and working with the victim to develop a just settlement, as well as waiting for injuries to recover, the case may be discussed with an insurance claims adjuster. Once the insurance provider has both the liability information and medical damage information, the insurer may be willing to resolve the claim and negotiate a fair settlement.
Should the negotiations fail, the victim can file a petition for damages that:
- Set out the facts of the incident
- Establishes jurisdiction or the court and the venue
- State the allegations of negligence against the at-fault driver
- States the damages caused by the driver’s negligence
Talk to an Experienced Car Accident Attorney Today
At Krause and Kinsman, our Kansas City car accident attorneys want to make sure the accident victims have the best team possible when going through such a difficult time. With so much at stake in the case, our attorneys understand that a person’s choice of lawyers could be an important decision. Crash victims need to ensure that their car accident attorney gives their case the attention it deserves and puts the client’s interests at the forefront of the litigation strategy to ensure a fair settlement.
Victims who have been hurt in an accident in our city can rest assured that our attorneys have your back. With years of cases in lawsuits and settlement negotiations, we will fight vigorously for full compensation to cover a victim’s injury-related expense both for now and for the future.
Recovering from a collision is a difficult and trying process that is exacerbated by having to deal with sometimes underhanded insurance companies. Leave that to the team at Krause and Kinsman. Contact us for a consultation with a skilled car accident attorney to discuss your legal rights and options.
Adam Krause is a personal injury, mass tort, business litigation, and employment discrimination attorney who practices in Kansas City, Missouri. He graduated from the University of Missouri Kansas City School of Law and has been practicing law for several years now. Adam Krause has made a career of taking complicated litigation and presenting it in the most elementary terms for a jury of your peers to understand. Learn more about his experience here.