Preventable accidents happen every day, leading to hundreds of deaths and injuries. In many cases, another person’s negligent actions are responsible for this harm, leading to an unexpected hardship. Those affected may need to pay for expensive medical care, learn to live with permanent disabilities and be unable to go to work and support his or her family. If you suffer from a personal injury case in Kansas City, you may have grounds for a personal injury lawsuit—and you need a Kansas City personal injury lawyer with the knowledge, experience, and resources necessary to secure the compensation you deserve. At the Goza & Honnold, LLC law firm, our attorneys have successfully represented thousands of clients in their injury claims, working tirelessly to support their paths to recovery. We can help you secure the compensation you deserve.
Why Choose Our Personal Injury Lawyers
- Our Kansas City personal injury lawyers have the experience and resources necessary to fully investigate your claim, represent you during insurance negotiations, and craft a compelling case for the courtroom.
- Our track record speaks for itself. Over our decades of personal injury experience, we have secured tens of millions of dollars in settlements and trial verdicts.
- We have handled personal injury cases across a wide range of practice areas, including car accidents, slip and falls, inadequate security, and defective and dangerous products.
What Is a Personal Injury Lawsuit?
Personal injury is a legal term that refers to any injury to a person’s mind, body, or emotions, rather than to property. A personal injury lawsuit arises when you sustain an injury due to another person’s negligence, or his or her failure to uphold a certain standard of care. For example, drivers have a duty to follow all traffic laws and to operate their vehicles safely. Property owners must maintain safe premises, and nursing homes must keep their facilities clean and free from violence.
At Goza & Honnold, LLC, we represent Kansas City residents in many types of personal injury claims, including the following:
- Bicycle Accidents
- Car accidents
- Dog bites
- Inadequate security
- Medical malpractice
- Motorcycle accidents
- Nursing home abuse and negligence
- Pedestrian accident
- Product liability
- Slip and falls
- Truck accidents
- Commercial Tort Litigation
If you believe you may be eligible to file a personal injury claim in Kansas City, contact our firm and schedule a free consultation with a Kansas City personal injury lawyer at Goza & Honnold LLC. During your free consultation, your injury attorney will review the facts of your case and determine whether you have grounds to file a lawsuit against the at-fault party.
Contact a personal injury lawyer at Goza & Honnold LLC for your free consultation!
Why You Need a Kansas City Personal Injury Lawyer
After an accident, you can suffer from painful injuries that may require long-term care. You may be unable to go to work after the accident, leading to weeks or months of lost wages. In addition to financial hardship, serious injuries can cause psychological trauma and ongoing chronic pain. If someone else is responsible for your accident, you deserve full recovery. Our Kansas City personal injury lawyers can help you obtain the compensation you need to recover from these losses. Since he or she will have handled several cases similar to yours, your personal injury lawyer will be familiar with the processes, strategies, and evidence necessary to prove the defendant’s negligence and secure a sufficient settlement.
Your injury lawyer can provide several benefits throughout the litigation process, including the following:
- Experience negotiating with insurance companies and opposing counsel.
- Knowledge of Missouri’s civil court system and the paperwork necessary to file your claim.
- The ability to handle all aspects of your case so you can focus on recovering from your injuries, not complex paperwork or procedures.
- Knowledge of medical resources to help you fully understand the extent of your injuries and recover from them.
Contact a personal injury lawyer at Goza & Honnold LLC for your free consultation!
How to Prove Negligence in a Personal Injury Case
Not every accident or injury will result in a valid Kansas City personal injury claim. Your personal injury lawyer will need to prove that another person was legally responsible for your injuries. Legal responsibility in Kansas City personal injury cases typically hinges on the concept of negligence. If your case goes to trial, you and your personal injury attorney will need to provide evidence to support the four elements of negligence.
- Duty: The at-fault party owed you a duty of care.
- Breach: The at-fault party breached his or her duty of care.
- Causation: The breach of duty directly caused your accident.
- Damages: You suffered losses, such as medical expenses and lost wages, that you can collect in your lawsuit.
You can use many pieces of evidence to establish negligence. For example, say that you are in a car accident in Kansas City with a driver who speeds through a red light, colliding into the side of your vehicle. You can easily establish duty since all drivers owe a duty to drive safely and follow traffic laws. Running a red light is a violation of traffic law and a breach of duty. To establish the breach, you can use surveillance footage, the accident police report, and witness testimony to prove that the defendant in your case ran the red light. These pieces of evidence, along with evidence of your injuries such as medical records and photographs, can establish causation. If your case is especially complex, your Kansas City law firm may enlist the help of expert witnesses, such as Kansas City medical professionals and accident reconstructionists, who can provide testimony on the technical aspects of the accident.
Overview of the Personal Injury Claim Process
Starting the journey of seeking compensation in a personal injury claim can be stressful, especially without a clear understanding of the process involved. The following is an overview to help clarify the steps from incident to resolution:
Incident and Injury Documentation
The process begins at the moment the injury occurs. It is essential to comprehensively document everything related to the incident, which may include capturing photographs of the scene, obtaining contact information from any witnesses, and securing medical records that detail your injuries and treatment.
Hiring a Personal Injury Lawyer
Once you have initial documentation, the next step is to consult with the personal injury lawyers of Goza & Honnold who can guide you through the legal process. We will assess the strength of your case, estimate the potential compensation, and strategize the best course of action. We also handle all communications with the opposing parties, ensuring your rights are protected.
Filing the Claim
Your Goza & Honnold attorney will file a claim on your behalf against the party responsible for your injuries. This claim will outline the basis of your case, the damages you are seeking, and the legal reasons the other party is at fault. This is formally submitted to the relevant insurance companies or, if necessary, filed in court as a lawsuit.
Discovery and Negotiation
During the discovery phase, both sides exchange information and investigate the claims and defenses of each party. The Goza & Honnold legal team will present evidence, legal arguments, and expert testimony to support your case. Simultaneously, negotiations for a settlement may commence, aiming to resolve the claim without proceeding to trial. Many personal injury claims are settled during this phase, as it can provide a quicker, less costly resolution.
Trial
If a settlement cannot be reached in negotiations, the case will proceed to trial. During this time, both parties will present evidence and arguments to a judge or jury. This stage may be lengthy and complex, requiring meticulous preparation. The final decision will be made by the jury or the judge, determining liability and the amount of compensation.
Resolution and Compensation
Upon the conclusion of the trial, or if a settlement is reached earlier in the process, the final compensation amount will be awarded. This compensation aims to cover all present and future losses related to the accident.
Appeal
If parties are dissatisfied with the trial’s outcome, they can file an appeal. This means a higher court will review the case to determine if the legal process was carried out correctly.
Understanding the personal injury claim process may significantly alleviate the stress that comes with pursuing legal action for an injury. The lawyers of Goza & Honnold will be by your side every step of the way, ensuring a fair chance at obtaining compensation.
Steps to Take After Suffering an Accident Injury
When you are injured due to negligence in an accident, the actions you take immediately following the event significantly impact the outcome of any potential legal claim. The following is a step-by-step guide to protect your rights and prepare for a potential personal injury case:
Seek Medical Attention
Your health is your first priority. Even if you believe your injuries are minor, it’s essential to be examined by a healthcare professional. Some injuries, like internal damage or concussions, may not be immediately apparent.
Report the Accident
Whether it’s a car accident, a slip-and-fall, or a workplace incident, ensure that the accident is reported to the appropriate authorities. For motor vehicle accidents, call the police to the scene. For injuries occurring on a property or at work, report the incident to the property owner or your employer. This official report provides an essential record of the event.
Document Everything
Take pictures and video of the scene, capturing any hazards, visible injuries, and the overall environment. Write down or record your account of the accident as soon as possible while the details are fresh in your mind. Get the names and contact information of any eyewitnesses who support your version of events.
Avoid Discussing Fault
Be careful not to admit fault or make statements that could be interpreted as admitting liability. These comments can be used against you in your personal injury claim. Simply exchange contact and insurance information when necessary.
Notify Your Insurance Company
Inform your insurance provider about the accident. Be factual about the details, but refrain from speculating about fault or injuries. Understand that insurance adjusters may use your statements to minimize your compensation.
Keep Detailed Records
Begin to collect all documents related to the accident, including medical bills, correspondence with insurance entities, receipts for expenses, and a diary of any pain or difficulties you experience as a result of the accident.
Consult with a Personal Injury Lawyer
Before accepting any settlement offers or signing documents from an insurance company, consult with the personal injury lawyers of Goza & Honnold. We will provide valuable guidance on the value of your claim and communicate with relevant parties on your behalf to recover compensation.
Follow Through with Medical Treatment
Follow the treatment plans of the medical professionals who may be treating your injuries and attend all follow-up appointments. This helps in your physical recovery and also provides a trail of your efforts to mitigate the effects of your injuries, which is important in strengthening your claim.
Types of Expert Witnesses That May Strengthen Your Personal Injury Case
Expert witnesses play an essential part in substantiating the claims made by the injured party. These professionals provide specialized knowledge that helps the court understand the complexities of the incident, the extent of injuries, and their impact on your life.
The following are some key types of expert witnesses that might be used to strengthen your personal injury case:
- Medical Experts: Medical experts are perhaps the most commonly utilized experts in personal injury cases, including doctors, surgeons, psychiatrists, and other healthcare providers. These experts testify about your injuries, treatment, prognosis, and the necessity of future medical care.
- Accident Reconstruction Experts: These experts specialize in recreating the circumstances of the accident using physical evidence, witness testimony, and scientific principles. They are particularly valuable in complex cases involving multiple vehicles, pedestrian accidents, or situations where the cause of the accident is disputed.
- Economists: Economists provide detailed analyses of the economic impact of your injuries. This includes calculations of lost wages, loss of earning capacity, and additional costs related to medical care, rehabilitation, and any necessary modifications to your home or vehicle.
- Life Care Planners: Life care planners offer a comprehensive assessment of the injured person’s long-term needs. They create detailed plans outlining future medical care, physical therapy, medical equipment, and any other health-related services necessary throughout the victim’s life.
- Vocational Experts: Vocational experts analyze the injured party’s ability to work after the accident. They consider the victim’s injuries, skills, education, and work history to assess how their ability to earn a living has been affected.
- Mental Health Professionals: Psychologists or psychiatrists may discuss the emotional impact on the victim. This can include issues like anxiety, depression, PTSD, and the overall psychological toll of living with pain or disability.
- Forensic Engineers: In cases where product failure might have contributed to the accident, forensic engineers investigate the product to prove whether it was defective. Their expertise can also be applied to issues of structural failure in cases of building collapses or other similar scenarios.
Utilizing the right type of expert witnesses significantly improves the chances of a favorable resolution in a personal injury case.
How Long Do You Have to File a Personal Injury Lawsuit in Kansas City?
Under a law known as the statute of limitations, you have five years from the date of the accident to file a Kansas City personal injury lawsuit. If you file your lawsuit after this deadline passes, the court will likely dismiss your claim. As a result, you will be ineligible to recover compensation for your injuries. There is an exception to the statute of limitations known as the discovery rule. If you could not have discovered your injury until a later date, the statute of limitations will begin running on the day you discover or should have reasonably discovered it. For example, if your landlord uses materials containing asbestos, you may not develop cancer until years after the initial exposure. You would need to file your claim within five years of the diagnosis. While exceptions to the statute of limitations do exist, they are not common. To ensure you file your personal injury lawsuit in Kansas City on time and by the correct deadline, speak to an experienced personal injury lawyer in Kansas City at the Goza & Honnold, LLC law firm as soon as possible.
Contact a Kansas City Personal Injury Lawyer Today
Are you the victim of an accident in Kansas City? You may be eligible for financial compensation. The personal injury lawyers at Goza & Honnold, LLC can evaluate your claim and determine whether you have grounds for a personal injury lawsuit. Contact our personal injury law firm today by calling 913-451-3433 or schedule a free consultation and discuss your legal options.
Frequently Asked Questions About Personal Injury in Kansas City
How are pain and suffering calculated in Missouri?
Pain and suffering damages in Missouri are complex, and unfortunately, there is no set formula or guideline one can follow to calculate those damages. In a trial, the judge or jury will determine the appropriate amount for pain and suffering based on the facts of the case and the nature and severity of the injuries. In a settlement, the parties agree on an amount, usually based upon what they believe could be awarded at trial. Our firm has the experience necessary to understand the ranges of pain and suffering damages in Missouri personal injury claims and to arrive at fair assessments for our clients.
Would there be any reasons why I might not receive full compensation?
The facts and circumstances of your case will determine whether your potential settlement or jury award is subject to any reductions. One example might be the consideration of your own fault in the accident or incident that caused your injuries. Missouri is a pure comparative fault state, so any award you might receive at trial can be reduced by the percentage of your own fault.
What compensation am I able to receive for my personal injury case in Kansas City?
Depending on the circumstances of your case, you could be eligible for the following types of compensation:
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- Medical expenses associated with your treatment
- Anticipated future medical expenses for ongoing care
- Wages you have lost because of your injuries
- Income you will lose in the future because of lasting injuries
- Pain and suffering compensation
- Compensation for the effects of your injuries on your relationship with your spouse (also known as loss of consortium)
Helpful Links
Why Would an Insurance Company Deny Your Claim
What to Do if a Driver Is Not Listed on Your Insurance Policy and Is Involved in an Accident