FAQ
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Car Accidents
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Personal Injury
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How do I know if I have a personal injury case?In order to have grounds to file a personal injury claim, you will need to prove that another person, company, government entity, or some other party is liable for your injuries and the resulting damages. This typically requires that you establish that the other party owed you a duty of reasonable care and that they breached this duty by acting negligently, recklessly, or unlawfully. You will also have to prove that the breach of the duty of care was the proximate cause of your injuries and that you sustained measurable damages.
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What are damages?In personal injury law, “damages” refers to any losses you suffer as a result of an accident, injury, or death of a loved one. Damages can be both economic and non-economic. Economic damages include things like medical bills, lost wages/income, lost earning capacity, future medical expenses, and more. Non-economic damages, on the other hand, include intangible losses stemming from the incident, such as pain and suffering, emotional trauma, and loss of love or companionship.
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How much is my case worth?Because every situation is entirely unique, it is impossible to determine the exact value of your case without conducting a thorough investigation of the facts. No reputable attorney will be able to provide an assessment of the value of your potential claim without first meeting with you to discuss the various details of your situation. Contact us today for a free consultation!
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How much does it cost to hire a personal injury lawyer?Most personal injury attorneys, including ours, charge fees on a contingency basis. This means that your personal injury attorney’s fees will be contingent on them winning your case. Typically, personal injury firms cover the upfront costs of a case and collect reimbursement and/or attorney’s fees based on an agreed-upon percentage of the client’s total settlement or verdict if trial is necessary. To learn more about our contingency fees and how much it costs to hire a KC personal injury lawyer, please contact us today.
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Why should I choose Shamberg, Johnson & Bergman Chtd. for my case?When it comes to finding the right Kansas City injury attorney for your personal case, it’s important that you evaluate all potential law firm’s level of experience, reputation, and history of handling cases like yours. At Shamberg, Johnson & Bergman, Chtd., we have been representing injured individuals and the families of those wrongfully killed in Kansas City and the surrounding areas since 1949. We have successfully recovered more than half a billion dollars for our clients, including some of the largest settlements and verdicts in the region. Our attorneys are all highly respected and highly awarded trial lawyers in Kansas City and, most importantly, all are committed to providing you with the personalized care and attention you deserve.
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