Kansas City Car Accident Lawyer
Filing an Auto Accident Claim in Missouri
Car accidents are widespread in Kansas City—but that doesn’t mean the aftermath of a crash is an easy thing to navigate. If you were involved in a severe car accident in the Kansas City area, you are likely wondering where to turn and what comes next. Since 1949, the Kansas City car accident lawyers at Shamberg, Johnson & Bergman, CHTD. has been helping victims of negligence fight for fair compensation.
Our Kansas City attorneys are prepared to guide you through the process of filing a claim and seeking the maximum recovery you are owed. Our Kansas City attorneys have a proven track record of successfully taking on major auto insurance providers; our team has secured more than $625 million to date on behalf of our clients.
More than this, we are available to assist you not only with the legal aspects of your claim but with the physical and emotional challenges you now face, as well. From finding a qualified doctor to having your car repaired after the car accident, our firm is prepared to help you every step of the way.
Car Accident Cases We Handle:
- Dangerous Highway Design
- Distracted Driving Accidents
- Drunk Driving Accidents
- Hit & Run Accidents
- Rideshare Accidents
- Rollover Accidents
Reach out to our Kansas City car accident attorneys today to schedule your free, confidential consultation. Call (816) 542-5999 or submit an online case evaluation form to get started.
Proving Liability in Your Car Accident Claim
In order to have grounds to file a car accident claim in Kansas City, Missouri, you will need to prove that another person or party was at least partially responsible for the car accident. This typically involves proving that another motorist (or another party) was negligent or acted unlawfully.
Examples of common causes of car accidents include:
- Distracted driving, including texting while driving
- Driving under the influence of alcohol/drugs
- Speeding
- Fatigued driving
- Reckless and/or aggressive driving
- Failing to obey red lights, stop signs, and other traffic control devices
- Unlawful or unsafe passing, lane changes, merging, and turns
- Failing to yield the right-of-way
While driver error, inattention, and recklessness are all examples of negligence, these are not the only negligent factors that can lead to car accidents. In other accident cases, third-party negligence can contribute to or cause serious car crashes.
Examples include defective autos/auto parts, dangerous highway design or faulty roadway construction, defective railroad crossing safety features, and more. If you were involved in any auto accident case and you believe someone else was to blame, reach out to our Kansas City car accident lawyers to learn more about your rights and how we can help you fight for fair compensation. Call (816) 542-5999 today!
Most Common Serious Injuries from Car Accidents
- Traumatic brain injuries: These can range from mild concussions to severe brain damage, often caused by impact or sudden deceleration.
- Spinal cord injuries: These can result in paralysis, loss of sensation, and other debilitating conditions.
- Burns: These can occur from fire, hot liquids, or chemicals, often resulting from accidents involving fuel or other hazardous materials.
- Internal Injuries: These can affect vital organs like the heart, lungs, liver, spleen, and kidneys.
- Fractures: Broken bones, especially in the extremities, pelvis, or spine, can lead to significant pain, disability, and long-term complications.
- Amputations: In severe accidents, limbs may be severed or require amputation.
Rule of Comparative Negligence in Missouri
In most cases, the at-fault person or party is the one with legal liability, meaning the person or party that caused the accident is the one who is responsible for paying the injured party’s damages. But what if both drivers share some portion of fault? What if there were multiple involved parties? Who is liable for an accident when there are multiple people to blame?
Comparative negligence is a legal doctrine that apportions liability between multiple parties involved in an accident, including the plaintiff (the injured party). Unlike the older doctrine of contributory negligence, which barred a plaintiff from recovering damages if they were found to be any bit at fault, comparative negligence allows for partial recovery even if the plaintiff shares some responsibility for the accident.
Missouri's Pure Comparative Negligence System
Missouri follows a pure comparative negligence system, one of the most liberal approaches to apportioning fault. This means that a plaintiff can recover damages even if they are found to be mostly at fault. However, their recovery will be reduced proportionally to their degree of fault.
For example, if a plaintiff is 20% at fault for an accident, they can still recover 80% of the damages from the defendant. If a plaintiff is 90% at fault, they can still recover 10% of the damages.
Is Missouri an "At-Fault" State for Car Accidents?
Yes, Missouri is an "at-fault" state for car accidents. In Missouri, the driver who is determined to be at fault for an auto accident is responsible for covering the damages and injuries caused by the accident. This means that the at-fault driver's insurance company will be liable for paying for the medical expenses, property damage, and other losses suffered by the injured parties.
Recoverable Damages for MO Car Accident Cases
After a car accident caused by negligence, injured victims are entitled to seek certain damages. “Damages” are simply economic and non-economic losses the victim endures as a result of the crash.
Common damages in Missouri car accident cases include:
- Emergency medical care costs
- Ambulance expenses
- Hospital fees
- Medical bills for all treatments related to the victim’s injuries
- Reasonable future medical expense
- In-home care costs
- Medications and medical devices/equipment
- Modifications to a home, vehicle, etc.
- Lost income, wages, and other benefits
- Lost future earnings
- Loss of earning capacity
- Pain and suffering, including emotional trauma
- Counseling services
- Treatment of emotional/mental conditions such as PTSD, anxiety, and depression
At Shamberg, Johnson & Bergman, CHTD., our car accident attorneys in Kansas City, MO can sit down with you to discuss the specifics of your car accident case and determine which damages you may be entitled to recover, as well as the potential value of your car accident case. We encourage you to contact us right away to schedule a free consultation.
Is it Worth Hiring a Lawyer After a Car Crash?
After sustaining serious injuries in a vehicle collision, hiring a skilled Kansas City car accident lawyer can be beneficial in many ways. Not only does a lawyer have knowledge in the area of law, but they also represent their client's best interests when it comes to obtaining compensation for any injuries or property damage.
When to Consider Hiring an Accident Lawyer
You should consider hiring a lawyer if you've sustained serious injuries, the accident involves complex legal issues, the insurance company is being uncooperative, your property damage is significant, or the at-fault driver is uninsured or underinsured.
Benefits of Hiring a Lawyer
A auto accident lawyer can provide expert legal advice, negotiate effectively with insurance companies, handle complex legal procedures, represent you in court if necessary, and provide peace of mind throughout the process.
How Shamberg, Johnson & Bergman, CHTD. Can Help
After a serious car accident, you are likely to face a number of unexpected challenges. From obtaining proper treatment for your injuries to dealing with a new disability to managing day-to-day expenses while you are out of work, a car accident can affect nearly every aspect of your life. The last thing you need to deal with on top of all this is negotiating with the insurance company to recover a fair settlement.
Instead, allow our trusted, award-winning team to advocate for you. At Shamberg, Johnson & Bergman, we're committed to easing your burden. We are ready to take on the insurance company on your behalf and, while most of our cases settle before going to trial, we are fully prepared to litigate your car accident case in the courtroom if necessary. Our dedication to personalized attention and unwavering commitment to achieving optimal outcomes sets us apart.
Give our Kansas City, MO car accident lawyers a call at (816) 542-5999 or contact us online today to get started with a no-cost, no-obligation consultation.
Auto Accident FAQs
-
Who Was at Fault in the Car Accident and Does it Matter?
Fault is always important. You should discuss the details of the accident with a Kansas City car accident attorney who can assist you in deciding responsibility for the accident. In Missouri, you may be able to bring a lawsuit even if you were equally or more at fault than the other driver.
-
Are There Special Considerations in Serious Injury or Death Cases?
In serious personal injury or death cases having an experienced, knowledgeable attorney is more vital than ever for many reasons. These cases need aggressive, early investigation, which will include interviews with you, potential witnesses, and police officers.
The investigation may also include a visit to the scene with accident reconstruction experts and an examination of roadway or landscape features that may have contributed to the accident. You can be sure that the insurance company for the other driver is investigating for their side and you should have a car accident lawyer in Kansas City, MO looking out for you.
Additionally, serious injury and death cases involve complex medical issues on the injured person’s current condition, prognosis, and future medical care. It is important in these cases to have an attorney with the resources and experience to hire healthcare experts, life care planners, and economists who can evaluate what your future needs may be. Insurance coverage issues also become extremely important in serious injury and death cases.
A car wreck lawyer can examine the facts relating to the accident, take statements or depositions of the other driver, verify his/her insurance coverage, whether his/her employer may also be responsible or provide coverage for the accident, and evaluate whether your insurance can help contribute to your compensation. Aggressive, thorough investigation also sometimes leads to the discovery of additional insurance coverage.
-
What if an Auto Defect or Poor Roadway Design Led to the Accident?
Many times, an automobile accident was caused by auto defects, roadway defects, missing traffic signs, or improperly maintained landscapes. A Kansas City car accident attorney can visit the scene of the accident shortly after it occurs to document the conditions with photographs and videotape. Your accident also may involve product liability issues in which your vehicle did not protect you from the crash in the way it should have, or perhaps a defect in the vehicle caused the crash.
For example, an airbag may not have deployed or the vehicle may have rolled over improperly and experienced a roof crush that caused additional injury. Maybe the vehicle lacks certain safety features, like electronic stability control (ESC), which are highly effective in preventing accidents. There are many possible product liability and roadway defect theories and in a serious accident, it is important to have an experienced accident lawyer in Kansas City, MO examine your potential claims.
-
Will I Have to Go to a Jury Trial to Resolve My Car Accident Case in MO?
Most lawsuits involving auto accidents have an opportunity to be settled before a jury trial. However, many times to get the fair compensation that you are entitled to, you and your attorney must be prepared to go to trial and explain to the jury why you should receive a fair amount of compensation for your injuries and damages.
In selecting an attorney for auto accidents, it is important to find an experienced trial lawyer with the resources and experience to take your case to a jury trial. Some lawyers are only interested in settling cases and do not have the resources or experience to take your case to trial. While no one looks forward to the prospect of a jury trial, in a serious injury or death case, you should be prepared to work with your lawyer and take your case to a trial if necessary.
-
Who Will Pay My Medical Bills from a Car Wreck?
Following a serious car crash, a family can be faced with mounting medical bills and questions about who will pay them. Consulting with an attorney about your accident can serve as a valuable resource on several important issues.
Missouri is a fault state, meaning that the at-fault driver's insurance company is typically responsible for covering your medical bills and other damages. However, your health insurance may also cover some of your medical expenses.
Subrogation or right of reimbursement is a legal concept that allows your health insurance company to seek reimbursement for the medical expenses they paid on your behalf. This means that if you recover money from the at-fault driver's insurance, your health insurance company may have a claim for a portion of those funds.
An experienced auto accident attorney in Kansas City, MO can help you navigate the complexities of insurance claims and subrogation rights. They can work with both your health insurance company and the at-fault driver's insurance company to ensure you receive the maximum compensation you deserve.
Additionally, you may be eligible for other benefits like Social Security disability benefits or workers' compensation, depending on the circumstances of your accident. It's important to keep detailed records of all your medical bills, lost wages, and other expenses related to the accident. These records will be crucial when filing a claim or negotiating a settlement.
-
How Do I Select the Right Attorney for My Car Accident Case?
Selecting the right attorney is an important part of getting your case resolved satisfactorily. You can be sure that in a case of serious injury or death, the insurance company for the other driver will have an investigator and an attorney working on their side of the case right away.
You should move quickly to get an attorney who can represent you and protect your interests. In automobile accidents involving serious injury or death, you should look for an attorney and a law firm that has the knowledge, experience, and resources to fully investigate and pursue your claims. You should find an attorney and law firm with experience with jury trials, as well as one with the resources and experts necessary to help you stand up to the big insurance companies.
Personal injury cases are frequently handled on a contingency fee basis. This means there is no charge to you for the attorney’s time or expense in pursuing your case, and you only pay a fee when an attorney makes a successful monetary recovery.
-
Is Missouri an "At-Fault" State for Car Accidents?Yes, Missouri is an "at-fault" state for car accidents. In Missouri, the driver who is determined to be at fault for an auto accident is responsible for covering the damages and injuries caused by the accident. This means that the at-fault driver's insurance company will be liable for paying for the medical expenses, property damage, and other losses suffered by the injured parties.
What Makes Shamberg, Johnson & Bergman Different?
-
Highly Respected in Our FieldOur attorneys are well-established in various areas of practice, including Attorney Lynn R. Johnson, who is a member of the prestigious Inner Circle of Advocates.
-
A Legacy of ExcellenceWe have a longstanding history of exemplary legal representation dating back to 1949, but are committed to leveraging forward-thinking practices and technology for the benefit of our clients.
-
Trial-Ready Legal AdvocacyWhile most of our cases result in successful settlements, our willingness to go to trial enables us to secure more favorable outcomes.
-
A Network of Support
We work to ensure that you receive the resources you need after an injury, including medical care, access to experts, emotional and financial support.
-
Committed to Our CommunityOur advocacy does not stop in the courtroom - it extends into our support for various local organizations that benefit our community.
-
Personal, Hands-On Attention
All members of our team, including partners, associates and paralegals, are committed to providing direct contact and clear communication.
Serious Lawyers Serious Result
At Shamberg, Johnson & Bergman, we are here to help you. Experience the difference of personalized care and expertise that sets us apart. Contact us today to get started.
