If you or someone close to you has been the victim of an automobile accident, contact an experienced Kansas City car accident attorney at Dickerson Oxton, LLC. At our law firm, our lawyer offers client-specific strategies to help make your case a success. To ensure a full recovery, it is essential to get the full compensation you deserve after you are injured from a car accident caused by someone else’s negligence.
Table of Contents
Why Hire Our Car Accident Lawyer After an Accident in Kansas City?
Should You Hire an Accident Attorney for a Minor Accident?
Is it Worth it To Seek Legal Counsel if an Uninsured Motorist Hit You?
What Compensation Can Victims Recover After a Car Accident Case?
Can I Receive Financial Compensation for Pain and Suffering After a Car Accident?
How Can An Attorney Help Prove Negligence in a Car Accident Lawsuit?
What Are Common Injuries From Car Accidents?
Areas We Serve
Notable Case Results
Client Testimonials
Get in Touch With the Best Kansas City Car Accident Lawyers
Frequently Asked Questions (FAQs)
Why Hire Our Car Accident Lawyer After an 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 car accident lawyers can handle the claims process and take on the legwork of negotiating an insurance 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 just compensation not just for the personal injuries themselves, but for the pain they caused.
Should You Hire an Accident Attorney for a Minor Accident?
A lawyer is not necessary after every vehicle 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 vehicle 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 your, or a loved one, suffering injuries and medical expenses without fault.
No law in Kansas or Missouri requires you to hire a lawyer 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 a vehicle in both Missouri and Kansas without adequate car insurance. Driving with little or no insurance 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 seek 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 auto 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 suffered 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. A car accident attorney 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 auto accident lawyer, the lawyers at Dickerson Oxton, LLC 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 auto 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. Our law firm takes all the risks of litigation on your behalf. Contact our accident lawyers today for a free consultation.
What Compensation Can Victims Recover After a Car Accident Case?
If you are curious 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 such as 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 plaintiff will most likely recover. It awards a pain and suffering amount per day for the duration of the injury or disability.
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 which 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 otherwise if the defendant wasn’t caring less.
- Proximate Cause – This means that the potential harm caused by the plaintiff should have been foreseeable, which may be the most difficult aspect of negligence to prove, depending on the situation.
All four of these things would have to be true in a negligence claim stemming from an injury accident. 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 auto 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 you are found to be 50 percent or more at fault, you 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 which 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 in an auto accident can 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 auto accidents. When a car suddenly comes to a halt, or experiences a quick change of direction, occupants of the vehicle 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.
- 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 one’s head moves back and then abruptly front with significant amounts of force. Whiplash injuries are commonly sustained during auto 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 increases the possibility of infection from a break.
- Emotional Suffering – Emotional suffering 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 suffered and address the medical ailments, the medical report will also be critical in any potential lawsuit. If you or a family member have suffered injury after a car accident in Kansas or Missouri, contact our attorneys for a free consultation.
Areas We Serve
We serve all over Kansas City, Missouri including the following:
Westport | Plaza Westport | Crossroads | River Market | Union Hill | Crown Center | Brookside | Hyde Park | Volker | Columbus | Pendleton Heights | Longfellow | Scarritt Renaissance | Quality Hill | Beacon Hill | Ivanhoe | Troostwood| Coleman Highlands | Valentine | Westside | The Paseo | North Hyde Park | Hospital Hill | Wendell Phillips | Swope Park | Marlborough | Roanoke | West Plaza | Coleman Highlands | Northland | Westside | Armour Hills | Old Westport | Ivanhoe | Columbus Park | Fairway Hills | Sunset Hill | Santa Fe Hills | Hickman Mills | Ruskin Heights
Notable Case Results
- $1,000,000 Transportation Collisions / Truck:
Settlement for individual who suffered severe arm and facial injuries after a truck collision. - $850,000 Wrongful Death / 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.
- $225,000 Transportation Collions/Truck:
Settlement for individual who suffered severe leg and knee injuries after a truck collision.
Client Testimonials
Al S.
“Tom and Chelsea Dickerson took on a big insurance company when they took my case. It was a true David & Goliath story. The insurance company fought us every step of the way for over a year and hired a large law firm to do it. Tom and Chelsea took on the insurance company’s big league attorneys and beat them at trial. They did a great job, and I would not hesitate to recommend them to anyone who needs tough attorneys that will stand up and fight for what is right.”
Kate H.
“During a difficult and challenging time, I was fortunate enough to have found Tom and Chelsea who served as a solid foundation and a light of hope in my life. They not only provided a genuine and empathetic concern for me and my needs as a client; but smart, innovative and committed work from beginning to end. Saying thank you would never be enough to show my gratitude for the difference they have made in my life.”
Doris B.
“I would recommend The Dickerson Oxton Law Firm to ANYONE who needs an attorney. I was blessed to have them assume the role of being my voice. I would be happy to speak with anyone who would like a personal testimony. My daughter recently hired them for a case of her own recently because she told me that she trusts them so much.”
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, LLC. Our auto accident injury attorneys can review your case, take over negotiations with the insurance companies and take other measures to maximize your financial award. Get 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 we will get back to you promptly.
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Frequently Asked Questions (FAQs)
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 Average Kansas City Car Accident Settlement?
A settlement refers to an agreement between you and the at-fault party’s insurance company to resolve the case without going to court. A settlement generally offers a smaller damage award to the plaintiff, but with the benefit of avoiding a costly or time-consuming trial. A settlement guarantees payment for a plaintiff, while an auto accident trial does not. Most accident cases in Kansas and Missouri resolve with settlements and do not need to go to court.
Every settlement begins with a demand letter. This is a letter your KC accident lawyer will send to the at-fault party outlining your damages and demanding a certain amount to resolve your claim. The recipient’s insurance company will have 30 to 45 days to issue a response to your demand letter, at which point your lawyer and the insurer may enter into settlement negotiations. If the insurance company responds by denying your claim, however, your case may proceed directly to trial.
Settlement negotiation is a phase in which both parties communicate about the case in an attempt to agree on how much the plaintiff should receive, if any. If negotiations reach a standstill, the parties may enter into mediation or another form of alternative dispute resolution to help facilitate an agreement. These use unbiased third-party judges to help settle disputes. Hiring a lawyer could greatly improve settlement negotiations by having someone looking out for your best interests.
What Is The Statute Of Limitations To File an Accident Claim in Kansas City?
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 seek 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 require extensive care.
What Are Common Causes of Car Accidents?
Car accidents can be caused by several different components. From distracted driving, tired driving and driving under the influence. Any activity that results in an operator focusing on something else can lead to dangerous driving 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 – Distracted driving can include cell phone use, adjusting music or entertainment systems. Distracted driving is dangerous driving behavior. In 2019, 3142 lives were lost as a result of distracted driving.
- Drowsy Driving – Drowsy driving 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.
- Dunk & Drugged Driving – Drunk and drugged driving 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 – Driving in weather is different from driving during a clear day. Precipitation on a windshield can impact a driver’s visibility. Additionally, a vehicle’s brake time is slower when the roads are wet compared to when the roads are dry. When driving in weather, ensure to reduce speed and provide ample space for the car in front of you to help reduce the possibility of car accidents.