Your Comprehensive Guide to Personal Injury Law in Kansas City - SRC Law Group is Ready to Help

Personal injury law, also known as tort law, exists to protect you if you've been harmed physically, emotionally, or financially due to another person's negligent or intentional actions.

The purpose of personal injury laws are to return the injured party, as best as possible, to the state they were in before the injury occurred. This is often achieved through financial compensation, referred to as 'damages'.

Personal injury cases can cover a vast range of litigation.

This includes but not limited to:

• Bicycle accident
• Catastrophic injury
• Car accident
• Dental malpractice
• Dog bite injury
• DUI injury
• Medical malpractice
• Motorcycle accident
• Pain and suffering
• Pedestrian accident
• Product liability
• Slip and fall injury
• Truck accident
• Vehicle accident
• Workers compensation
• Wrongful death

Your case is unique and will require careful analysis to determine the best approach and strategy.

A critical component in most personal injury cases is proving negligence. Negligence occurs when someone fails to act with reasonable care, causing harm to another person. For instance, if a driver is not paying attention and hits a pedestrian, the driver could be considered negligent.

To succeed in a personal injury case based on negligence, four elements must be proven:

1. Duty: The defendant owed a legal duty to the plaintiff under the circumstances.

2. Breach: The defendant breached that legal duty by acting or failing to act in a certain way.

3. Causation: It was the defendant's actions (or inaction) that actually caused the plaintiff's injury.

4. Damages: The plaintiff was harmed or injured as a result of the defendant's actions.

Understanding personal injury law's basics is the first step in realizing your rights and the possible avenues for seeking justice and compensation. The complexities of these laws underline the importance of seeking professional legal help. At SRC Law Group, we're committed to guiding you through this process, ensuring your questions are answered and your concerns are addressed.

Remember, this is a starting point. It's critical to consult with an attorney to understand how these principles apply to your unique situation. At SRC Law Group, we're here to help you navigate these complexities and fight for the compensation you deserve.

A personal injury attorney is a dedicated advocate for your rights and interests. They can help in many ways:

1. Understanding of Law and Procedure: Personal injury law can be complex with many details and procedures that require expertise. Your attorney can guide you through these intricacies, helping to ensure your claim is handled correctly and efficiently.
2. Negotiating Fair Settlements: Many personal injury cases resolve through settlement negotiations, where both parties agree on compensation without going to court. An attorney has the skills and experience to negotiate with insurance companies and opposing lawyers, aiming to secure the highest possible settlement for you.
3. Representation in Court: If your case proceeds to court, your attorney will represent you, advocating for your best interests, and presenting your case to the judge or jury in a persuasive manner.

Many people worry about the cost of hiring an attorney. In personal injury cases, attorneys typically work on a contingency fee basis. This means you don't pay any legal fees upfront. Instead, your attorneys receives a percentage of your settlement or court award. If there is no recovery, you pay no attorney's fees.

This structure allows you to hire expert legal representation without worrying about immediate out-of-pocket costs. Plus, it aligns our attorney's interests with yours – they are motivated to secure the best possible outcome for you, as their compensation is directly tied to your recovery.

Having a competent personal injury attorney by your side can make a significant difference in your case. From understanding the intricate details of personal injury law to negotiating with insurance companies and providing courtroom representation, your attorney is your ally and advocate. At SRC Law Group, we're committed to providing comprehensive, compassionate legal support to all our clients, ensuring you're not alone in this journey.

Missouri uses a "pure comparative fault" system. This means that even if you were 99% at fault for your injury, you could still technically recover 1% of the damages from the other party.

Kansas uses a "modified comparative fault" system with a 50% rule. This means that you can only recover damages if you are 50% or less at fault. If you are 51% or more at fault, you would not be eligible to recover damages from the other party. If you are 50% or less at fault, your damage award would be reduced by your percentage of fault. For example, if you were 20% at fault and your total damages were $100,000, you could potentially recover $80,000 in damages.

In personal injury lawsuits, "damages" refer to the monetary compensation you may receive. In Missouri, these can be divided into two main categories:

1. Economic Damages: These are quantifiable costs related to your injury, including medical expenses, lost wages, and any out-of-pocket costs.
2. Non-Economic Damages: These include compensation for more subjective impacts, such as pain and suffering, emotional distress, loss of companionship, and reduced quality of life.

In certain cases involving egregious conduct, punitive damages may also be awarded. These are not meant to compensate the victim, but rather to punish the offender and deter similar behavior in the future.

Medical malpractice and certain other types of cases have their own set of rules. In Missouri, medical malpractice claims must generally be filed within two years. Additionally, there is a cap on the amount of non-economic damages that can be awarded in these cases.