2/22/23 legal

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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