If you’ve been injured in a car accident, our Kansas City car accident lawyer is here to help. In Dickerson Oxton, we’ve recovered millions for clients and offer a free, confidential case evaluation. Contact us at (816) 268-1960 for more information. Our experienced attorneys understand car accident laws and will represent you every step of the way.
We have dedicated our practice to helping injured people and have recovered millions of dollars in car accident injury cases; we won’t shy away from trial. Dickerson Oxton offers a free and confidential case evaluation where we will listen to your story, thoroughly explain your legal options, and let you know how our office can help.
Notable Results in Motor Vehicle Collision Cases
- $1,000,000 Car Accident Involving a Commercial Truck:
Settlement for a car accident client who suffered severe arm and facial injuries after a truck collision. - $850,000 Wrongful Death in a Car Collision:
Cumulative settlement for the death of a mother and her unborn child for a guardrail that was not timely repaired on a highway. - $500,000 Car Accident Involving a Commercial Truck:
Settlement for a car accident victim who suffered severe leg and knee injuries after a truck collision. - $350,000 Motor Vehicle Collision in a Construction Zone
Settlement for an innocent passenger whose driver ran off the road in a construction zone and broke her ankle and wrist.
How Can Dickerson Oxton Help You After a Minor Car Accident in Kansas City?
Many people say to themselves, “I don’t want to pay for a lawyer; I’ll just deal with the claim myself.” Why not just handle the insurance entity directly? Well, without a lawyer, the insurance company may very well try to get you to take compensation that is not very fair to you.
Our experienced car accident attorneys can handle the claims process and take on the legwork of negotiating a settlement, which can allow you to focus on recovering from your injuries.
Bills for medical treatment and lost wages due to missed work can be easily calculated, but it’s more difficult to place a monetary value on the loss of quality of life. Accidents that cause permanent or long-term disabilities can place a strain on relationships and keep you from enjoying life. This is where hiring a Kansas City personal injury lawyer can be crucial because they will fight for your rights and compensation, not just for the personal injuries themselves but for the pain they caused.
Should You Hire an Accident Attorney After a Minor Collision?
A lawyer is not necessary after every collision in Kansas City. If you were in a minor car crash, you may be able to settle your case without representation from an attorney. Contacting an injury attorney, however, could help you determine whether hiring one is right for you. Our lawyers offer free, zero-obligation accident consultations, so you can get answers to your questions without paying a dime.
You can discuss your minor auto accident and any personal injuries or damages you may have suffered from an attorney for free. A Kansas City personal injury attorney should hold insurance companies accountable for the medical expenses resulting from you or a loved one suffering injuries and medical expenses without fault.
No law in Kansas or Missouri states that you must hire an attorney during a minor accident case. Claimants involved in minor wrecks can often settle their cases successfully with insurance companies without legal intervention. If, however, your case involves a dispute, such as a disagreement regarding fault, a lawyer could help you resolve the dispute while protecting your rights and best interests. A lawyer could also help your case if you notice more serious injuries later, such as the symptoms of whiplash a few days after the collision.
It is common to hire a car accident lawyer for a minor collision if an insurance institution questions liability, requests more evidence, or takes a case to court. If you cannot settle your accident claim for a reasonable amount with the insurance entity alone, hiring a lawyer could help you negotiate or take the case to trial in pursuit of better damages. Renegotiating with an insurance company or another defendant is easier with qualified legal representation.
Is it Worth it To Seek Legal Counsel if an Uninsured Motorist Hit You?
It is against the law to drive without adequate car insurance in both Missouri and Kansas. Driving with little or no coverage could lead to difficult questions of liability after a crash. If the driver that is responsible for your accident does not have enough insurance to cover your damages – or any insurance at all – your accident claim will take a different direction.
You will seek reimbursement from your auto insurance provider instead of the at-fault driver’s. While this is already the case under Kansas’ no-fault laws, in Missouri, you would typically try to get compensation from the at-fault driver’s insurer first.
In both states, the law requires drivers to carry $25,000 in uninsured motorist insurance per person and $50,000 per accident. Uninsured motorist insurance protects you if an uninsured or underinsured motorist causes your collision. Call your insurance provider to report the crash if you find out the at-fault driver does not have insurance. Explain to your insurance agent that you will need to file an accident claim since the other driver is uninsured, and follow the agent’s instructions for filing. If you encounter any issues, it may be worthwhile to hire an attorney.
Hiring an attorney may be appropriate after an uninsured motorist accident if you experienced serious or catastrophic injuries or lost a loved one. It may also be a good choice if your insurance provider tries to deal with your claim unfairly. Denying your claim without a valid reason or unfairly delaying your payout could require assistance from an accident lawyer to force the insurance company to treat your claim fairly. Car accident attorneys can make sure no one takes advantage of you during your uninsured motorist claim.
If you are worried about the cost of hiring a Kansas City car accident lawyer, the lawyers at Dickerson Oxton work on a contingency fee basis. They do not charge anything unless they secure compensation for their clients. You will never have to pay for your accident lawyer’s services out of pocket. Instead, any legal fees will come directly out of the financial award your lawyer obtained for your claim. You will pay $0 upfront and $0 if we lose.
What Compensation Can Victims Recover in a Car Accident Case?
If you are curious about what your case could be worth, contact us to ask an attorney for an in-depth review. Each claim is unique and will lead to different results. The value of your case will depend on the types and severity of your damages. In general, you may be able to receive compensation for losses, including medical bills, property damages, lost wages, physical pain, emotional suffering, and wrongful death.
There is no average auto accident case value. Your case could be worth $10,000, $50,000, or over $1 million, depending on your specific losses. In general, the more catastrophic your losses and injuries, the more your case will be worth. The actions of the defendant could also determine award amounts such as punitive damages. Our lawyers can help you calculate your specific economic and non-economic accident damages during a free consultation.
Can I Receive Financial Compensation for Pain and Suffering After a Car Accident?
Pain and suffering is a non-economic damage award that may become part of your car accident case if you or your loved one suffered physical pain, emotional harm, psychological damages, lost quality of life, shortened lifespan, loss of consortium and/or grief because of the collision. If a jury rules in your favor during a car accident lawsuit, the jury may award pain and suffering damages through one of two main ways: the multiplier method or the per diem method.
The multiplier method is most common in cases involving long-term or permanent disabilities. A jury will multiply the plaintiff’s compensatory damage by a number that signifies the severity of the injury, typically between one and five. The per diem method is more common in short-term injury claims, where the car accident victim will most likely recover. It awards a pain and suffering amount per day for the duration of the injury or disability. Click here to see more statistics.
How Can an Attorney Help Prove Negligence in a Car Accident Lawsuit?
In order for someone to be proven negligent in an auto accident in which an injury occurs, five things would have to be true.
- Duty – The other person, a.k.a the defendant, owed a duty of care to you, the plaintiff. This is true every time a person drives a car. A duty is owed to all the other drivers that you drive as safely as possible.
- Breach of Duty – By failing to exercise reasonable care, the defendant put you in jeopardy. If the defendant was speeding, inattentive, or under the influence, these would all qualify as actions that breached the duty of care.
- Cause in Fact – The actions of the defendant directly caused harm to you and/or your property and would not have happened if the defendant had been exercising reasonable care.
- Proximate Cause – This means that the potential harm caused by the plaintiff should have been foreseeable, which may be the most difficult aspect to prove, depending on the situation.
All four of these things would have to be true in a negligence claim stemming from an accident injury. Deciding how much they were at fault may be another issue.
Missouri operates under the comparative fault rule, which means that fault is determined as a percentage. For example, if you are awarded $10,000 in damages from an accident but were found to be 25 percent at fault, you would only receive $7,500 of that. Things that may change your percentage of fault depend on whether you were wearing a seat belt or whether you disobeyed any rules of the road. Kansas has a modified comparative fault rule, which means that if they are found to be 50 percent or more at fault, accident victims won’t receive any compensation at all.
Determining Who Is At Fault
Under state law, the Kansas City automobile accident fault is determined by the law of negligence. Drivers commuting on public and private roads have what is known as a “Duty of Care” to those sharing the road with them. This duty was created to ensure the safety of those around the driver and extends to pedestrians and cyclists alike. When a driver breaches this duty, thus acting negligently, then that driver is said to be “at fault” or the “causation of” a given accident. Negligence, by definition, is conduct that a person engages in that is culpable in that it falls short of what a reasonable person would or would not do in a given situation.
What Are Common Injuries From Car Accidents?
In The United States, the average individual files a car accident claim once every 17.9 years. For the average person, that means they will be involved in 3-4 accidents in their lifetime.
The injuries that are sustained in a car accident can vary drastically. From minor bumps and bruises to life-altering injuries. In the most extreme scenarios, the injuries sustained by accident victims carcan be fatal.
Below are some common injuries that can occur after a car accident:
- Concussions & Traumatic Brain Injuries – Concussions and traumatic brain injuries are commonly involved in car accidents. When a car suddenly comes to a halt or experiences a quick change of direction, occupants can experience sudden and irregular movements. This can lead to neck and muscle strains. In certain instances, an individual’s head can come into contact with objects in the interior of the vehicle or windows that can cause head trauma.
- Spinal cord injuries – Force can damage the vertebrae in the spinal cord. These injuries are common in car and truck accidents and symptoms may vary and not manifest immediately.
- Bruising & Contusions – Bruising and contusions can occur from blunt trauma in a car accident. Symptoms of bruises include stiffness, swelling, tenderness around the area, and restricted mobility. Bruises can be alleviated by implementing rest, ice, compression and elevate (RICE).
- Whiplash – Whiplash occurs when in head-on crashes moves back and then abruptly front with significant amounts of force. Whiplash injuries are commonly sustained during vehicular accidents.
- Broken Bones – Broken bones or fractures can range from a small crack in the bone to a complete break of the bone. Many fractures occur when a bone is impacted by great amounts of external forces that the bone cannot handle. The two main types of broken bones are closed fractures – where the fracture does not penetrate through the skin – and an open fracture – also called a compound fracture – when the bone penetrates through the skin. Compound fractures are more serious and increase the possibility of infection from a break.
- Emotional Suffering – Emotional disturbances and PTSD can occur after an individual experiences a traumatic event like a car accident. PTSD symptoms can include frequent flashbacks of the accident, social isolation, phobias, panic and anxiety, and an inability to focus.
It’s important to see a doctor as soon as possible after a person is involved in an accident. Not only can a doctor diagnose the injuries and address the medical ailments, but the medical report will also be critical in any potential lawsuit. If you or a family member have been injured after a car accident in Kansas or Missouri, contact our attorneys for more information and to schedule a free consultation.
What Are Kansas City’s Most Dangerous Roads and Intersections?
Although traffic accidents can occur throughout Kansas City, specific areas within the city are prone to experiencing higher rates of collisions than the rest.
The KCPD’s latest 2021 crash data highlighted the top 10 areas where the most crashes occur:
- 1-435 & Holmes Rd. Lane
- 1-70 & 1-435
- 75th St. & Bruce Watkins Dr
- Bannister Rd. & 1-435
- 1-470 & Blue Ridge Blvd.
- 55th St. & Bruce Watkins Dr.
- Front St. & 1-435
- Front St. & 1-35
- Red Bridge Rd. & 71 Hwy
- 1-435 & Woman Rd.
Completely avoiding these intersections may not be feasible. However, it’s possible to lessen the accident risk by exercising added caution while maneuvering through them. The KCPD outlined that lane merging, rear ends, inattention, and lane violations as the main preventable causes of Kansas City accidents.
What Is the Statute of Limitations To File an Accident Claim in Kansas City, MO?
In Kansas, the statute of limitations to file an injury claim is two years. In Missouri, it’s five years. In both states, the clock starts from when the incident first occurred that caused the injury or damage, as opposed to when the injury was discovered. These limitations only apply to the deadline for filing a case in court; the deadlines and process for filing an insurance claim may very well be different.
The statute of limitation laws are why it’s crucial to get medical attention as soon as possible after an accident. Because neither state operates under the discovery rule, it doesn’t matter when an injury is discovered. However, if you do not go to a doctor as soon as possible, the defendant’s insurance may try to deny compensation by saying that your injuries must not have been bad enough to need extensive care.
What Are Common Causes of Car Accidents?
Car accidents can be caused by several different components, from distracted driving, tired driving, and operating a vehicle under the influence. Any activity that results in an operator focusing on something else can lead to dangerous conditions and potentially dire consequences.
While many different behaviors and acts can constitute negligent driving, several stand out as the root for a majority of Kansas City car accidents. Below are some of the most common causes of auto accidents in the United States.
- Distracted Driving – This includes cell phone use and adjusting music or entertainment systems; it is dangerous driving behavior. In 2019, 3142 lives were lost as a result of distracted driving.
- Drowsy Driving – Driving drowsy is both dangerous and preventable. In 2019, 697 deaths occurred from drowsy driving. If you are tired, pull over to a hotel or rest stop and rest.
- Drunk & Drugged Driving – Operating a vehicle while drugged or drunk is incredibly dangerous. Driving while under the influence of alcohol or drugs can result in serious criminal consequences and catastrophic injuries.
- Speeding – In 2019, 9478 individuals lost their lives as a result of speeding. Speeding was a variable in 26% of traffic fatalities.
- Slick Conditions – Operating a motor vehicle in bad weather is different from driving during a clear day. Precipitation on a windshield can impact a driver’s visibility. Additionally, brake times are slower when the roads are wet compared to when the roads are dry. When travelling in bad weather, ensure to reduce speed and provide ample space for the car in front of you to help reduce the possibility of car accidents.
Let our attorneys get you the compensation you deserve if you are involved in an accident.
Get in Touch With the Best Kansas City Car Accident Lawyers
Find out whether you have grounds for an accident claim and what your case could be worth during a free consultation at Dickerson Oxton. Secure your future by getting answers to your questions today. You can reach one of our knowledgeable Kansas City car accident lawyers at (816) 268-1960, or you can fill out our free case evaluation form on our website, and our Kansas-city based team will get back to you promptly. Let us help you make a full recovery and be compensated for it.
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Visit Our Personal Injury Law Office in Kansas City, MO
Dickerson Oxton – Kansas City Office
1100 Main St #2550, Kansas City, MO 64105, United States
(816) 268-1960