Injured Due to Negligence? Here's Why You NEED a Personal Injury Lawyer Kansas City Residents Trust.
Following an accident in Kansas City, MO, it is completely unfair and unjust for any victim to have to deal with the costs if the accident wasn’t their fault. If someone has caused your injuries and damages, you have every right to seek compensation from them and to hold them accountable for their negligence. Here at Wendt Law Firm, our personal injury lawyers are primed and ready to fight on your behalf for compensation for your pain and suffering. We have over 50 years of combined experience in dealing with cases just like yours and we are spearheaded by Samuel Wendt, one of the Top 50 Super Lawyers in Kansas City.
The consequences of an accident can come in many forms for the victim. You might be looking at physical injuries. These injuries might affect your quality of life, and your ability to work and earn an income and may place a financial burden on your family. Besides the physical injuries, the mental trauma and emotional distress caused by an accident can cause victims to lose enjoyment in life and struggle in their relationships. The worst-case scenario is wrongful death and the lost life of a loved one, which can devastate entire families.
If you fall into any of the above categories, it is essential that you get in touch with one of our highly skilled and experienced Kansas City injury lawyers.
Why Choose Our Lawyers to Represent Your Case?
Wendt Law Firm, P.C. is a full-service personal injury law firm in Kansas City that is dedicated to helping those who have been impacted by a serious accident and/or injury.
Our attorneys have more than 15 years of experience successfully representing Kansas City residents in all matters of personal injury cases.
We are recognized by peers as one of the top law firms in the region – including an attorney who is known as one of the top 50 lawyers in Kansas City.
We represent clients on a contingency fee agreement. You pay no upfront costs, and no legal fees are paid until the conclusion of your case. You only pay these fees if we secure a recovery for your case – if we don’t win, you don’t pay.
Our Job at Wendt Law Firm
Once you get in touch with us we can immediately advise and explain your legal rights. Following that advice, we can arrange a free consultation and case evaluation. With years of experience in dealing with cases just like yours and navigating the complexities of Kansas City MO law, you will be in the most capable hands. After your consultation, if you have agreed to representation, we will begin to take the reins and lift the burden from your shoulders. That means completing and filing all of your paperwork, liaising with insurance companies and third parties, and investigating on your behalf. We can talk to the police and obtain their records, follow up with witnesses and ensure you are given the space necessary to focus on your mental well-being and health.
Here at Wendt Law Firm, we offer a free consultation and evaluation of any personal injury case. There are no strings attached and you can say no without any pressure. We hope at least that you will take our free advice on board. We have your best interests at heart. If you want us to examine your case and advise you on the best course of action call our personal injury lawyers at 816-542-6734.
The Importance of an Injury Lawyer in Your Case
After a serious accident, it is common for victims to feel disorientated and confused. When combined with the injuries and the emotional stress, it can take weeks if not months, or years to recover from the aftermath. During this time, you should be fully focused on making a full recovery. For the best chance of this happening, you need space and time. One important job of an injury lawyer is to help provide this space by removing you from the situation, representing you, and liaising on your behalf.
It also allows you to put your case into the hands of someone who is much more experienced in personal injury law and the complex laws that govern Kansas City MO. Without a legal background, you may struggle to win your cases against the aggressive legal teams that the other party and their insurance may use against you.
Better Chance of Reasonable Compensation
The victims who hire attorneys following a serious accident are usually much more likely to win their case and are much more likely to win higher compensation sums that are reasonable and fair. Many victims will hold out from hiring a personal injury lawyer because they think they will end up with less money that way. This is not usually the case.
Although your injury lawyer will take a cut of your winnings, by employing their help and with their extensive knowledge of personal injury law, most clients walk away with more than they would have if they tried to fight their case alone. This isn’t just our word either, studies have shown that personal injury attorneys win 3.5 x more compensation on average.
Your Weapon Against the Insurance Companies
In the first instance after an accident, it is highly likely the insurance companies involved will come to you as soon as they hear about the accident. They do this because they employ sneaky and aggressive adjusters and legal teams that play on your psychology after an accident. Often, they will know that the case is worth a certain amount of money instantly through their experience, and to lower their payout, they may come to you with an offer immediately, offering to send the money quickly. All you have to do is agree. If you find yourself in this situation, always say no and tell them you wish for your insurance litigation lawyer to liaise on your behalf.
They may also ring you up, acting happy and jolly on the phone, asking if they can record the call. Again, tell them no, and that you wish your attorney to deal with all matters. They do this in the hopes that you say something that they can use to lower their liability and shift fault. Don’t fall for their tricks. This is particularly common in car accident cases or medical malpractice cases. Hiring an attorney from a reputable personal injury law office is going to give you a fighting chance when dealing with the behemoths that insurance companies are.
Remember, no large insurance company has managed to grow to such a size by paying out fairly every time there has been an accident. In the worst possible cases, the insurance company or other party may try to lay the blame for the accident at your feet. This is a horrible situation to be in for a victim of an accident, especially if they are dealing with their injuries and rising medical bills. The more they can assign blame to you, the less compensation you are going to get. This is one of the reasons it is so crucial you have aggressive and skilled legal representation to fight back.
Here at Wendt Law Firm, our law firm knows every tactic used to fight an injury claim and we know how to build an air-tight defense against them.
Types of Cases Our Kansas City Personal Injury Attorneys Handle
Wendt Law Firm, P.C. has provided exceptional representation for all types of personal injury cases. Some of the most common types of claims include:
Motor vehicle accidents. Automobile collisions involving cars, trucks, motorcycles, and other vehicles may be fairly common, but that does not necessarily mean they are simple. Even minor fender-benders can result in injuries that take years to heal, and car insurance providers are often all-too-willing to settle for the minimum amount of compensation necessary. We can help you determine the full value of your claim and ensure your case receives the care it deserves.
Premises liability. Those who own and/or manage a property have a duty to keep their grounds well-maintained and free of any potential hazards for those who use or regularly visit the premises. If their failure to keep their premises safe leads to a serious accident and injury, the victim may be entitled to significant compensation from any liable parties. We can help you hold any and all at-fault parties accountable for your injuries.
Medical malpractice. We expect medical professionals and healthcare providers to ensure our safety and well-being when we are hurt or seeking medical treatment. Unfortunately, some fail to uphold these standards and their negligence results in significant and often permanent injuries in vulnerable patients. We can hold these medical providers fully accountable for their negligence, ensuring you receive the compensation and justice you deserve.
Product liability. If a defective product has resulted in your serious injury, we can help you explore your options for compensation. This may include consulting with others who have been injured by this product, potentially laying the foundations for a class-action lawsuit against the manufacturer.
Nursing home abuse. Unfortunately, the most vulnerable members of our society are often abused and neglected by those who are tasked with caring for their health and well-being. Our attorneys take these claims seriously, fully investigating any cases of nursing home abuse before proceeding with a claim against the at-fault parties. Our goal is to hold these negligent people fully accountable for their despicable actions.
Wrongful death. The passing of a loved one is never easy to bear, especially when it’s caused by the carelessness or negligence of another. Our injury attorneys have successfully handled countless wrongful death claims and understand how to best help those who are left behind.
Pedestrian Accidents. These types of accidents often result in serious injuries for the victim. We can help you receive compensation for medical costs, pain and suffering, lost wages, and other expenses related to your injury.
Bicycle Accidents. Bike riders are especially vulnerable on the road, and even minor accidents can cause long-term injury or disability. We understand how to best pursue these claims and will make sure your rights are fully protected throughout the process.
Dog Bite Injuries. If you’ve been attacked or bitten by someone else’s pet, you may be entitled to compensation for your injuries. We will make sure the liable party is held accountable for their negligence and that you receive all possible forms of compensation.
Construction accidents. Construction sites are full of potential hazards that require strict safety regulations and procedures to be followed. If these standards have been ignored, leading to a serious injury, our injury attorneys can help you get the compensation you deserve.
If you or a loved one has suffered a serious injury due to negligence, please contact our Kansas City personal injury attorneys today to see how we can help you with your case.
How Do I Know If I Have a Claim?
In order to litigate a personal injury claim, it must be determined that negligence played a part in your injury. There are four elements to proving negligence in a personal injury case in Kansas City:
Duty of care. The liable party owed a duty of care to you or your loved one.
Breach of duty. The liable party breached this duty of care, acting in negligence against you or your loved one.
Causation. This breach of duty caused your injury.
Damages. You suffered damages due to the breach of duty and negligence.
How Much is My Case Worth?
The value of a personal injury claim is going to depend upon the situation and the damages involved. Cases can result in compensation figures between thousands of dollars ranging up to millions of dollars.
Personal Injury Laws
It is important to consider two of the most common laws in the state of Missouri pertaining to personal injury cases: any laws relating to negligence and fault systems in recovery, and the statute of limitations for personal injury claims.
Like most other states, Missouri has a fault-based system for claims – if you are in an accident and one party is found to be at fault, they are then financially liable for any of the resultant damages. However, Missouri operates on a system of pure comparative fault, where all parties involved in an accident are entitled to damages, minus their percentage of fault. For example, if you are found to be 30% at fault for an accident, you will only be entitled to 70% of the damages.
In a pure comparative fault state, even those who share the majority of the liability are entitled to compensation – minus their share of fault. So theoretically, if you are found 99% at fault, you are still entitled to 1% of the damages.
Statute of Limitations
Missouri also has a strict statute of limitations on personal injury claims – a time deadline in which claims must be filed to be considered valid. In Missouri, injured parties have five years from the date of the accident to file a valid personal injury. However, there may some exceptions to this time limit. For example, in some instances your time limit may actually be longer due to the discovery rule, in which the window to file a valid claim starts from the moment you discover your injury or illness. This is usually the case in types of cases involving product liability or medical malpractice, where an illness or injury may not be discovered until after the event that caused it.
It is best to consult a lawyer if you have questions regarding the statute of limitations.
What Damages Can I Claim?
When it comes to personal injury claims in Kansas City Mo, victims are able to request compensation for any financial losses, medical bills, and damaged property that results from an accident.
These damages are known as economic damages and allow for the victim to be compensated for:
All present, all past, and all future medical expenses regarding the injuries from the accident.
All therapy costs, nursing care, and travel to and from healthcare providers.
All lost wages, future, past and present.
Funeral costs for wrongful death cases.
Economic damages are tangible, which means they have a figure attached to them. They will be supported by evidence like receipts or invoices for medical expenses or payslips.
Non-Economic Damages / Pain and Suffering
Not all of your damages are tangible and these damages are called non-economic or pain and suffering damages.
Pain and suffering damages can include:
Long-term physical pain.
Post Traumatic Stress Disorder.
Loss of enjoyment of life.
Loss of limbs.
Loss of potential to earn.
Non-economic damages need to be calculated and defended by your attorney as the insurance companies will always try to dispute your claims.
The best way to ensure they cannot do this is to use a law firm that has a lot of experience in dealing with cases just like yours before.
What Are the Things That a Personal Injury Lawyer Could Do for Me?
Aside from helping you with filing your claim and dealing with your insurance companies, there are a few surprising things that an injury lawyer at Wendt Law Firm can do for you.
Complete a Professional Investigation
After any serious accident, especially one that results in serious injuries, your local police officers will investigate your accident. Your attorney may also decide to take matters into their own hands and complete their own full-scale investigation regarding your accident. By having your law firm make their own investigation, you know that they will not miss out on any of the details. Your personal injury lawyer will complete a thorough investigation into your case to ensure that you receive the full amount of compensation that you deserve.
Better Assess Damages
Your lawyer will also be able to calculate your damages in a much more experienced and skilled manner. They will look at all angles and consider all the long-term implications of your accident.
How Long Do I Have to File a Personal Injury Lawsuit in Missouri?
Following any personal injury matter, you will have five years to file a claim relating to the case, after this point you will be barred from making a claim relating to that specific case. In the case of wrongful death, you will only have three years to make a claim. Five years is the standard statute of limitations that applies to lawsuits in the state of Missouri.
While this is a long time in both instances, we highly recommend seeking the help of an injury lawyer as soon as possible after an accident. The longer you leave it the lower the chances of your attorney being able to find concrete evidence and the harder it will be to seek the full and fair compensation you deserve. Many cases settle for lower than they should for this reason.
Do I Have Grounds for a Personal Injury Case?
If you have been injured because someone else acted negligently, have been the victim of an attack, or have suffered because a product you used was defective, you definitely have the grounds for a case. All injury victims in the Kansas City area are given the opportunity under Missouri law to seek compensation from the negligent party.
How Much Does it Cost to Hire High-Quality Legal Representation?
Most attorneys in Missouri work on a contingency fee basis. This means that you will not pay anything up-front for their representation. You simply pay a percentage of your compensation sum if you win. This allows people who have suffered injuries but who do not have the funds to hire a lawyer to fight for the chance to seek compensation from the people who have wronged them. The fee will depend upon the law firm you hire and their fee structure. They will lay this out to you during the initial consultation.
Personal Injury FAQ
Here at Wendt Law Firm, we get a lot of questions from potential clients. We have answered some of them here so that you can get the information you need immediately and quickly.
Q: What Are the Chances My Case Will Go to Trial?
A: With a skilled and experienced Kansas City personal injury lawyer behind you, the chances of ending up at trial are very very slim but it isn’t unheard of.
With a lawyer behind you, most insurance companies know they have a very low chance of success in court and will attempt to pay up outside of the courtroom.
Q: How Long Will My Case Take?
A: Cases that are clear-cut can usually be resolved very quickly, especially if you agree to settle.
If your case ends up in court it is a different matter and you may be looking at years of fighting before you are all said and done with the case.
Q: What Should I Do If I’m Injured in an Accident in Kansas City?
A: We sincerely hope that you are reading this pre-emptively and never need this advice but if you are at the scene of an accident, here is what you should do to protect yourself.
Make sure that you are as safe as possible. In the case of car accidents and truck accidents, move out of the way of traffic immediately if your injuries allow. Do not move people with catastrophic injuries or traumatic brain injuries.
Once you are safe, call the emergency services if there are any injuries. The police will be able to make the scene safe and the ambulance service will make sure everyone’s injuries are addressed. They will also file police reports that can be accessed later as unbiased evidence.
Once you have called the police, if you are safe and able, begin collecting as much evidence as possible to help your case. Take photos, gather witness information, etc.
Never apologize. Time is crucial after an accident so make sure you speak with an attorney as soon as possible. They can step in immediately, sending their own investigators if necessary while the evidence is still fresh.
Q: What Do I Have to Prove to Win a Personal Injury Case?
A: Negligence is the key when it comes to injury cases. In order to win the maximum compensation, law firms will need to prove their accident victim was injured due to somebody else’s negligence.
Negligence means that somebody acted in a way that a reasonable person would not have and by doing this they have caused the injuries.
First, you will need to prove the defendant owed you a duty of care and that they breached it by acting unreasonably.
Next, you will need to prove this act caused your injury.
Kansas City Personal Injury Attorneys: Fighting Hard for Victims of Negligence
Here at Wendt Law Firm, we have a wealth of experience in dealing with personal injury cases, from car accident and motorcycle accident cases to nursing home abuse and sexual abuse cases. We could be the difference between you obtaining a lowball settlement or the full and fair compensation you deserve. We have won cases for numerous clients and our track record speaks for itself. We are ready to fight aggressively on your behalf. We aren’t scared to stand up to the insurance company and anyone else who stands between you and your rights.
If you want us to examine your case and advise you on the best course of action contact us or give us a call at 816-542-6734.