Below, you will find answers to some of the most frequently asked questions that our firm receives about personal injury cases. If you still have more questions, do not hesitate to contact a personal injury lawyer from our office for further assistance. We offer a
free consultation so that you can discuss the details of your case with us at no charge!

You have a personal injury case if you have suffered injuries to your person or property due to the negligent and unreasonable actions of another person such in a car accident or in a slip and fall accident that was the responsibility of another to prevent or to inform you of the hazard.

Every state has a time limit to file personal injury lawsuits, called statutes of limitations. After the limit has expired then you will be unable to claim damages or to file a claim for damages for your injuries.

Are a claim and lawsuit the same thing?

A claim is filed by the injured party or on behalf of them with an insurance company. This is likely to be the insurance company of the party responsible for the incident. The matter may be resolved if the compensation they give is favorable enough. Other times, it will not be adequate and the matter can be taken to the court. A settlement may be made out of court or the case may go to trial. A lawsuit may offer a higher outcome but is a case by case scenario. In some situations there is the possibility of taking out a lawsuit against a third party that could have shared a responsibility in the accident.

Do I really need a personal injury attorney?

Every personal injury case is different and the circumstances often call for careful evaluation in order to determine the severity. It is the primary goal of many insurance companies to minimize the damage done to the company responsible for your injuries, and without the help of a lawyer, you may not obtain as much compensation as you could with the help of a skilled attorney.

How much will I be compensated for my injuries?

There are many factors considered in a personal injury case to assess and determine the amount of compensation that will be available to you. The severity of your injuries, the damage done to your property, the identity and record of the defendant and many other factors will be considered.

This will of course be dependent on your specific case. In general compensation is sought for the expense of an injury. This can include an initial hospital stay, later medical visits, physical therapy, any devices used to provide relief and assistance for an injury, lost wages and future wages for those unable to work and even further pain and suffering in some cases. It is important that the scope of your injuries be accurately stated in the case so that you are not given a settlement or verdict which later proves to be unsubstantial.

The insurance company wants to send someone to my house to write me a check and settle my case, should I accept the money?

It is the goal of every insurance company to minimize liability and damage to their company. If an insurance company has offered to give you a check and close your case, chances are, they realize how serious your injuries are and if the case is pursued further, you could end up with much more compensation than they want to give you. In this case it is highly advisable that you do not accept the money and pursue a claim for more damages.

Can a family that loses a member from an accident do anything?

This is known as a wrongful death case and this is something that we are experienced in. Many families are devastated when they lose a member over another person’s negligence. On top of that, they can be left with medical expenses and funeral costs. Others may have been dependent on the individual to provide income, such as a stay at home mother whose husband provided for them while she cared for the kids. These cases certainly can be pursued and many families are able to successfully gain results.

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Cars aren’t the only vehicle responsible for accidents on the road. While there may not be as many trucks traveling the streets, they can still be involved in a number of accidents that take lives and physically harm drivers, passengers and bystanders. When drivers are not careful about their surroundings, especially semi-trucks, accidents can occur.

It is the duty of a truck driver to be alert and aware of his/her surroundings and to be prepared to avoid accidents as much as is reasonably possible. If you’ve been injured in a truck accident in Kansas City, please don’t hesitate to call our attorneys for assistance.
We offer a free case analysis!

Causes of Truck Accidents

There are many ways for a truck to be the cause of an accident. Some of these reasons could be:

• adverse weather conditions
• negligence
• distracted driving
• defective parts

Negligence is one of the most common causes and any inattention or a moment of carelessness can result in catastrophic damage. Drunk driving and drowsy driving can carry many of the same effects. Drinking may be to blame, but drowsy driving can be common among commercial drivers that have to travel far distances in a small period of time. While there are uncontrollable circumstances that could cause a car accident, there are also many controllable factors that could have been easily avoided had the responsible party taken precautions.

Large Truck Collisions

There are a number of different types of trucks such as semi-trucks, 18-wheelers, flatbeds and more. The size and weight of them can vary greatly, and these are often two important factors in the amount of damage that ensues. Large trucks may fall under the category of a single unit truck or a combination truck, with a combination truck being able to tow a trailer. Due to the relative size and velocity of large trucks on a freeway, any smaller vehicles involved in a collision with a semi could sustain serious damage and their drivers and passengers could suffer extensive personal injuries.

In 2000, large trucks were involved in 101,000 accidents involving an injury and 4,930 accidents involving a fatality. It is often the passengers in vehicle other than the truck that suffer the most harm. The National Highway Traffic and Safety Administration reported that in 2008 there were 380,000 accidents that involved a truck and that same year one out of every nine fatal traffic collisions was the result of an accident involving a large truck. In these collisions, injuries were suffered by 23,000 occupants of large trucks, and 64,000 occupants of other vehicles. Those killed included 677 occupants of trucks and 3,139 of occupants of other vehicles.

Contact Us for a Free Consultation

Those who have suffered personal injuries due to the negligence of another are entitled to collect damages to compensate for the physical and emotional pain they have endured as well as to cover medical expenses, lost wages and for many other reasons. If you have suffered personal injuries in a truck accident then you may be able to collect monetary compensation for your injuries. A Kansas City injury lawyer from our firm will be able to advise you of your options, counsel you as to the best legal action to take, and we will fight vigorously to see that your rights are upheld in court and that you receive compensation for your pain.

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Premises liability is when owners and occupiers are held legally responsible for accidents and injuries that occur on their property. The state of Missouri has three different types of guests that property owners may or may not be held responsible for.

Invitees

The first type of guest is invitees. These are people who visit the property for the purpose of doing business, such as a customer visiting a grocery store to purchase grocery items. Owners of the store have the highest level of responsibility for these types of guests, and they must do everything in their power to eliminate threats and dangers. If threats and dangers cannot be avoided, customers must be warned.

Licensees

Licensees are the second type of guests, and include those who visit private property for non-business reasons, such as a guest visiting a private home. The homeowners are expected to eliminate risks that may cause harm to a guest, or let their guest know of any risks that might occur in their house. If a licensee visits a house knowing certain risks are involved, the property owner will not be held responsible for any injuries sustained by a licensee.

Trespassers

The third type of guests is trespassers. These are people who come onto a property without the owner’s permission. If the owner is aware of the trespasser, they might be held responsible for injuries sustained. Frequently, property owners are unaware of trespassers on their property, and as a result, will generally not be held liable for trespassers’ injuries.

If you have been injured on someone’s property, contact our personal injury firm today, and we may be able to help you file a premises liability claim.

Third Person Personal Injuries

If a third person was involved in a criminal act that caused personal injury, the owner will usually not be held responsible for said injury. However, the State of Missouri has determined special circumstances where the owner might be liable for injuries caused by a third party. The injured has to prove that the property has a history of specific criminal acts of violence, specific people have committed violent crimes on the property in the past, or the person who caused the injuries has been on the property before, and acted violently. If a property owner warns patrons about potential violence, they cannot be held responsible for any injures that involved a third party.

The Kansas City personal injury lawyer at Wright & Fisher LLC has experience in all types of personal injury claims. Our firm has represented clients in and around Kansas City for many years, and has helped dozens of clients receive successful outcomes for their cases. If you have been injured in a slip and fall accident, or suffered any type of injury on a person’s property, the owner may be held liable. We will help defend your rights in the courtroom, and keep your best interest at heart. You deserve the maximum monetary compensation for your personal injury, and we will do our best to ensure you receive it. Contact our firm as soon as you have been injured, and let us help you file a premises liability claim or lawsuit.

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What Are Spinal Cord Injuries?

Spinal cord injuries usually occur when a person is hit hard enough to fracture or dislocate vertebrae. This can happen if a person is assaulted, suffers a fall, is shot, or is a victim of an industrial, motor vehicle, or sporting accident. Mild to moderate spinal injuries, which are also known as incomplete injuries, do not sever the spinal cord, but cause pieces of vertebrae to damage cord tissue or put pressure on nerves that carry signals to the rest of one’s body. Oftentimes, axons are destroyed in spinal cord injury accidents.

In a severe spinal cord injury, or a complete spinal cord injury, the cord cannot relay messages to the area below the injury. This means that the victim is paralyzed from the site of the injury and below. Most spinal cord injuries happen to young, healthy people who partake in risky physical activities, do not wear protective gear during a job or while playing, dive into shallow water, or are victims of car accidents. If you or a loved one has experienced a spinal cord injury, contact a spinal cord injury attorney for a
free case analysis as soon as possible.

Do you have a spinal cord injury?

Symptoms of spinal cord injuries vary depending on where the injury was sustained along the spine. They may cause weakness, and a loss of feeling at the site of the injury. Complete and incomplete spinal cord injuries have different levels of severity. Accidents that affect the first lumbar vertebra and below do not cause spinal cord injury, but have the ability to cause cauda equine syndrome. This means that the nerves in the area are damaged, and surgery is required. General symptoms for all types of spinal cord injuries include:

• muscle spasms
• numbness
• sensory changes
• pain
• weakness
• paralysis
• loss of normal bowel and bladder control.

If one endures cervical spinal injuries, their legs, arms, and middle of the body may be affected. Such symptoms include difficulty breathing, if the area around the breathing muscles is paralyzed. This might happen if their injury is high in the neck area.

Thoracic spinal injury symptoms most often affect the legs. Injuries to the cervical or thoracic part of the spine can also cause blood pressure issues, abnormal sweating, and difficulty maintaining normal body temperature. Lumbar sacral injuries can affect one or both legs, along with the muscles that control the bladder and intestinal tract. One may suffer from tetraplegia, quadriplegia, or paraplegia, if their spinal cord injuries are severe.

Tetraplegia and quadriplegia means that a person’s arms, hands, trunk, legs, and organs in their pelvic region are all damaged by the spinal cord injury. Paraplegia is when one is completely paralyzed due to a catastrophic injury. If you are with someone whom you believe is suffering from a back or neck injury, it is imperative not to move them. Movement of the neck or back can result in further complications. Keeping the person still and placing towels on both sides of the neck to prevent moving before medical personnel arrive is vital.

How Our Legal Team Can Help YOu

Spinal cord injuries can change your life. They may prevent you from earning a living, or participating in day to day activities. Paying for necessary treatments and surgeries may be difficult if you do not have the ability to earn money. If you have suffered a catastrophic injury due to someone else’s negligence, a lawyer may be able to help you receive the maximum monetary compensation available for your claim. We have the ability to prove a person’s negligence, and hold them accountable for their actions. With years of experience in personal injury law, our team represents clients who are dealing with all types of personal injury accident issues and concerns.

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PRODUCT LIABILITY

When someone is injured while using a product that left the manufacturer or seller’s hands in a defective or dangerous condition, he or she may be able to recover the resulting damages from the responsible party in a products-liability-based personal injury suit. Products liability law is based on the responsibility of a manufacturer or other provider of goods to compensate users of the goods for injuries caused by defective or dangerous products that it placed into the stream of commerce. The basic idea underlying product liability law is that the companies providing the products are usually in the best position to prevent defective products from entering the marketplace. If they fail to do so, they should be held accountable. An experienced and knowledgeable personal injury lawyer can advise injured persons on whether they may have a claim against a product manufacturer or seller and can help them recover the damages to which they are legally entitled.

The Plaintiff’s Burden in a Dangerous or Defective Product Personal Injury Case
Although products liability law has evolved from the days of “caveat emptor” (let the buyer beware) to the imposition in appropriate cases of “strict liability,” under which manufacturers are responsible for injuries caused by their defective or unreasonably dangerous products even if they were not negligent, the personal injury plaintiff still has a job to do. In a product liability action, the injured person, or plaintiff, must prove, for instance, that there was a design or manufacturing defect in the product or that the manufacturer did not adequately warn consumers about the product’s possible dangers. In addition, he or she must establish, through relevant and credible evidence, that the product caused the injuries, that he or she was using the product in the way it was intended to be used, or that the manufacturer should have anticipated that the product would be “misused” in the way that it was. Manufacturing defects are usually easier to prove than design defects. For example, if a particular consumer’s gas fireplace explodes when first lit, it is evident that it was not manufactured as the designer intended it to be.

On the other hand, a design-defect case could arise if many or all fireplaces of a manufacturer’s particular model posed a threat of explosion. Proving a design defect involves passing judgment on technical choices and usually requires expert testimony. In a design-defect case, the product may have been manufactured as it was intended. Still, the design was inadequately planned in such a way as to pose unreasonable hazards to consumers. Proving causation in a product liability case can be tricky. The plaintiff must establish that the product was defective when it left the hands of the defendant manufacturer, distributor, or seller and that the defect was the cause of the accident that led to the plaintiff’s injuries. If the injuries could have arisen from several potential causes, the plaintiff usually must establish that the product defect had a substantial role in bringing about the injuries.

Bases of Recovery in a Dangerous or Defective Product Personal Injury Case
Possible legal theories that can be argued in a products liability case include negligence (lack of reasonable care in the manufacture or sale of the product or in warning about the product), breach of warranty (failure to fulfill the terms of a promise regarding the product’s performance), misrepresentation (giving consumers a false sense of security about a product’s safety), and strict liability (under which the product’s defect, although not the fault of the defendant, rendered the product unreasonably dangerous and the defendant is therefore responsible). Although there is no limit to the list of products that could form the basis of a products liability suit, some of the more common product categories include apparel, asbestos, chemicals, cosmetics, firearms, food (most recently fast food, which has been contended to be at least partly responsible for American’s obesity epidemic), machinery and tools, medical products and devices, motor vehicles, pharmaceutical products, recreational products, and tobacco.

Conclusion – Persons injured by dangerous or defective products need the counsel of skilled veterans of personal injury and products liability law to advise them on the complexities of their case and guide them through the legal system toward the most favorable outcome. Suppose you or someone you know has suffered personal injuries from using a dangerous or defective product. In that case, an experienced and knowledgeable personal injury lawyer can advise you on whether you may have a claim against the product manufacturer or seller and can help you receive the maximum damages recoverable under the applicable law.

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Fight Your Traffic Violations

When a police officer pulls you over in your car for speeding or any other moving violation, you have very few opportunities to avoid getting a ticket. In some cases, such as when you exceed the speed limit by an excessive amount, you might not be able to convince the officer that you don’t deserve a ticket. For minor infractions, however, you’ve got some leeway.

Don’t Acknowledge the Violation
The first rule to avoid getting a ticket is never to admit you did something wrong. A traffic violation is not a severe crime, but the same restrictions apply to speeders as murderers. Acknowledging your offense is a confession, and you’ll almost always receive a citation. For example, when the police officer approaches your car, you don’t want to say, “Was I speeding a bit?” This tells him that you knew you were breaking the law but disregarded it anyway, and he’ll be able to use it later if you go to court to fight it.

No Sudden Moves
You might be the most law-abiding citizen in the world. Perhaps you were speeding across town to get to your volunteer job on time, or maybe your best friend’s grandmother has been rushed to the hospital. Nevertheless, the police officer doesn’t know you are a boy scout who always tips at least 25 percent and never leaves the toilet seat up. To avoid getting a ticket, make sure you do everything possible to put the police officer at ease. Keep your hands on the wheel unless you tell the officer you are reaching for something, and try to stay as calm and collected as possible.

Give a Reason
You should only break rule number one (never acknowledge the violation) when you have a valid reason for breaking the law. This is usually the most effective way to avoid getting a ticket, but only if your explanation is plausible and quickly proven. Perhaps you were informed of an emergency at work, or maybe you are worried about your elderly mother, who you’ve just discovered is home alone. Whatever the case, a solid reason might convince the officer that you don’t deserve a ticket. The last thing you want to do is make something up.

Be Original
Police officers spend all day driving the streets, watching for citizens to break the law. Their work lives are often monotonous and boring, despite the heroic and exciting visions you might have of a police officer’s job. To avoid getting a ticket, you might consider making the officer laugh.
This is only appropriate if you think the officer will find your joke or comment amusing, so don’t try this tip unless you’re sure you can pull it off. If the officer is stone-faced and grim, now might not be the time for jokes. However, give original humor a try if he seems like an amiable fellow.

Treat Her Equally
A female police officer might pull you over, and if you want to avoid getting a ticket, you won’t treat her any differently than a male officer. Derogatory or sexist comments will anger her, and jokes about her gender will likely bring down her wrath.

Make a Donation
In most cities, police departments accept donations from the public and will give you a sticker to put on the back of your vehicle as a reward. This is a great way to avoid getting a ticket because police officers will know you support their work. You can also join anti-crime organizations in your city and display the decals on your car. For example, the Texas Department of Public Safety offers the H.E.A.T. program, which stands for “Help End Auto Theft.” When you join, you give officers the right to pull your vehicle between 1 a.m. and 5 a.m. to combat automobile theft. However, it also shows you support law enforcement and might help your case.

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Traffic Violations

While it’s better not to receive a ticket in the first place, the question is what to do if you receive one. The operator is usually informed by the police officer that if you plead guilty and mail a fine, no points will be assessed against your license. While this is true, it’s also misleading. Your motor vehicle history will still reflect the violation. Your motor vehicle history is what insurance companies look at to determine rates. A single moving violation is sometimes enough to send your rates through the roof, especially if a young driver receives the ticket. The breach will be part of your driving history for years to come.

We often advise our clients to plead not guilty when they receive a ticket. This is because, on many occasions, when we represent a client in court on a traffic ticket, we have been able to obtain a successful conclusion which ultimately may save the client thousands of dollars in future insurance costs. Even a “minor” motor vehicle violation can cost you thousands of dollars per year in insurance premiums, so in many cases, it is cost-effective to retain an attorney.

It should be noted that many insurance companies may treat minor infractions as significant violations. An example is failure to wear a seat safety belt in the front seat. You can face fines and court costs of up to $200, but it can be a substantial violation because you can sustain more severe injuries by not wearing your seat belt.

We strongly encourage you to contact an attorney immediately if/when you receive a ticket. Remember that upon receiving a ticket, you may have only a limited time to decide how you wish to plead guilty or not guilty.

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Red cars attract the most attention on the road. Red sports cars are like a Matador’s cape to a bull. While we all like to floor it on an open stretch of road, you reduce your chances of having that much fun and not getting ticketed when driving a red car. The odds of getting a speeding ticket in the US are about 1 in 20. That’s an average number and isn’t designated by the make or color of the car. Revenue from speeding tickets accounts for approximately 6 billion (with a B) dollars a year. It’s a big (with a B) business, and that’s life in the fast lane. Speed can be incredibly tempting when stuck behind a slow-moving vehicle carrying a big load. With all the new construction, large trucks hauling gantry cranes have been slowing traffic on our roadway system lately. Passing these vehicles and their pilot car is tricky and can easily result in a speeding ticket.

One of my first cars was a red Austin-Healey 3000 MKII. I lived in a hilly township outside of town and loved to mess with the country cops. I don’t suggest doing anything unlawful and always driving safely, but it’s impossible to hold it all the time on back country roads while driving a little red sports car. When motoring home late into the evening, I often noticed a cop sitting in a treed cut-out along the side of a particular road. The terrain was hilly, and this is where the fun would come in. Knowing he was there, I’d drop my speed to about five mph over the limit. Sure enough, he would pull out and begin to follow me. As I crested a hill and dropped out of sight, I’d gun it and tear up the next quarter mile before he could crest it. I would immediately slow down to the speed limit once I was on his radar again. This would go on for several miles, and I never got tickets. He knew I was messing with him but didn’t have anything on me. It was just a little bit of harmless fun. There are nine ways to avoid getting a speeding ticket.

1. As stealthy as I was, don’t speed if you are the only car on the road.
2. Stay in the middle of the traffic. If other cars around you are speeding, you won’t be singled out.
3. Don’t use the far left lane except for passing; move right back into the middle or right streets.
4. Avoid weaving in and out like you’re on a track.
5. If following another speeder – a “rabbit,” let him be the first to show up on the radar and use his brake lights to signal you when he spots a cop.
6. Staying under ten mph over the stated speed limit will usually give you a pass. Anything at eight or more miles per hour over, and it’s going to get attention – and you’re going to get a ticket.
7. If you can bear to trade in your re-conditioned Super Sport for a Toyota sedan, you are less likely to be targeted.
8. Get a radar detector. Not all states allow them, so check this out first.
9. Drive responsibly. This goes without saying, but never put you or others at risk.

So you can add to the 6 billion dollar revenue from speeders across the land, or you can pick your times and places wisely and avoid the fine. With the average ticket cost being $150 and the increase in insurance, you would be wise to keep the pedal from pressing the metal whenever you’re in the car.

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Some towns have a reputation for being speed traps. It’s a fair guess that most of their revenue comes from traffic violations. Most smaller municipalities are highly dependent on traffic ticket income. It’s the way it is in America. If you haven’t caught on to this, you need to get out more.

This morning while driving, I passed a limousine that had been pulled over, presumably for speeding. The passengers are undoubtedly dissatisfied, and the driver may lose his job. Life on the road. Supposedly there is no discrimination, and you rarely see a limo pulled over. However, being a professional driver, he should know his stuff and understand that if he fights his case, he’s likely to walk with the ticket getting dismissed or at the least a reduction in fines and points. There are ways to get that ticket thrown out. The odds of getting the ticket dismissed are in favor of the driver. Just because you’ve received a ticket doesn’t mean you are automatically guilty. Here are six things to know when dealing with Traffic Court.

1. Do not send a fine by mail – for any traffic violation that will give you points. If you can mail in a fine or show up in Court, you must show up in person. By fighting for your cause in person, the Court will see your sincere interest in respecting the Law. Mailing in a fine for any traffic offense automatically puts guilt on you. Points are levied without contest.
2. Be prepared with the right questions. Write them out beforehand, so you don’t miss anything. It would be easy to forget essential points without notes since it’s only natural to have a little case of nerves.
3. Attack the evidence, not the police officer. There are minor procedures that are often overlooked when a ticket is given.
Some officers forget to fill in a blank, wrongly date a ticket, or mistakenly put down misinformation. These minor things can get a ticket dismissed.4. You have more to lose than just money. If you are proven guilty, your insurance premiums will take a hit. Over the years, until the offense is rendered null and void, the surcharge on your insurance could add up to hundreds, if not thousands, of dollars.
5. You could lose your job. Making this an essential point to the Judge is critical. Losing your job depends on your work, but you could be in trouble if it involves a motor vehicle. Also, consider this when looking for future employment. If a position requires you to drive a vehicle your chances of landing the job could be in doubt. Potential employers will do a background check, and if your record shows – mainly a moving violation, don’t even bother to apply. You would be seen as a liability.
6. Be prepared and have a professional attitude. You can’t count on a dismissal, but by being prepared, you are, at the least, likely to get a reduced fine and points. There are several coaching resources to draw from to get traffic offenses dismissed, but stay real. Just don’t drive irresponsibly. Even having the best legal counsel doesn’t justify putting anyone in harm’s way. Stay safe out there.

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