Car Accidents

Catastrophic Personal Injury

Kansas City Car Accident Attorneys

Comprehensive Representation for Car Accident Victims

The experienced Kansas City car accident lawyers at Dempsey Kingsland Osteen have handled hundreds of auto accident cases throughout Missouri and Kansas. We are skilled at proving negligence and achieving full compensation for the physical, financial, and personal impact that a car crash has on victims and their families. If you or a family member has suffered a serious injury in a car accident, our knowledgeable attorneys can pursue full and fair compensation on your behalf and prevent the insurance companies from taking advantage of you during a vulnerable time.

We Know Car Accidents

Trial lawyers Lee Dempsey, Bob Kingsland, and Jason Osteen have practiced for more than 30 years and have secured substantial settlements and jury verdicts for clients.

We are familiar with the unique injuries and legal issues presented in all types of auto accidents, including:

• Intersection crashes and rear-end collisions
• Pedestrians or bicyclists struck by cars
• Car-motorcycle accidents
• Collisions with trucks
• Injuries to passengers
• Accidents caused by drunk drivers

Dempsey Kingsland Osteen deals with the insurance companies for you to spare you the frustrations and to make sure your settlement covers your losses. We can help with unpaid medical bills and the repair or replacement of your damaged vehicle. Our team even has experience with uninsured/underinsured motorist claims against your own auto insurance policy.

Seeking Damages

One mistake that people make when they handle their own insurance claims is leaving money on the table. The average person doesn’t fully understand his or her rights and all the damages he or she may be entitled to.

If you suffered a serious injury or lost a loved one, the settlement must cover many needs. The legal team at Dempsey Kingsland Osteen anticipates those needs when seeking comprehensive compensation for your losses.

What Damages Apply to Your Car Accident Case?

Every case is unique. Our Kansas City car accident attorneys have handled the spectrum from fractures and lasting “whiplash” injuries to permanent or catastrophic injury such as brain injury or paralysis.

Working with our on-call medical consultants and a nationwide network of experts, our lawyers strive to ensure you are covered for the immediate and long-term impact through available damages including:

• Hospital bills and future medical care, such as surgery
• Physical therapy and chiropractic care
• Nursing care or home health aides
• Medications and medical equipment
• Reasonable medical travel expenses
• Lost wages and projected lost earnings
• Vocational rehabilitation
• Pain and suffering
• Lost enjoyment (limitations from a permanent disability)
• Punitive damages in certain cases of gross negligence or reckless indifference

Even this is not an exhaustive list. We work closely with the victim, doctors, and family members to learn what the needs are for your specific situation.

Proving Negligence in a Car Accident Case

In most car accidents, there is no mystery about who is responsible. But when fault is not clear, proving negligence can be a barrier to much-needed compensation.

Dempsey Kingsland Osteen has the resources to conduct a prompt investigation to preserve evidence, including accident reconstruction specialists in severe or complex cases. We contract with an experienced physician consultant and a nurse consultant to assess each client’s injuries and future needs. Our team can also bring in additional professionals to calculate damages for a family member’s wrongful death or major injuries such as brain damage, paralysis, or loss of limbs.

Our Kansas City car accident lawyers act quickly to preserve evidence that is critical to your case, including:

• Photos of the vehicles, ideally before they are moved
• Photo or video of the crash site (skid marks, debris, obstructed views)
• Photos of the victims’ injuries
• Inspection of the vehicles for evidence of poor maintenance
• Data from onboard “black box” recorder (speed, braking, etc.)
• Truck driver logbooks and corresponding truck company logs
• Driver history (license status, prior accidents, traffic violations, criminal convictions)
• Law enforcement accident reports
• Toxicology tests if alcohol or drugs are suspected
• Witness statements

From this body of evidence, we can trace the actual negligence: A fatigued trucker, a driver distracted by a cell phone, unsafe condition of the vehicle itself.

In fatal accidents, the person does not always die at the scene or from the immediate injuries. Our medical consultants and attorneys are skilled at proving liability via medical causation if a family member died weeks, months, or even a year later from complications such as internal bleeding, stroke, infection, or organ failure.

What to Do After a Car Accident in Kansas City

A car accident is an undeniably upsetting experience that can cause even the calmest people to lose their composure. While you may be feeling shaken up, it is important to stay in control of your words and actions in the immediate aftermath as they can have a considerable impact on your ability to recover compensation during a subsequent insurance claim or personal injury lawsuit.

After a crash, be sure to do the following:

• Stay at the scene of the crash: Fleeing the scene of a crash is a crime in both Kansas and Missouri and will cause you to be ineligible to recover compensation for your injuries. Always stop, put on your hazard lights, and render aid to all injured parties if you are involved in a crash.
• Attend to the injured: Call for an ambulance if anyone is seriously injured or unresponsive. If you are unsure about someone’s condition, it is best to err on the side of caution and summon medical help.
• Call the police: Missouri law requires you to give immediate notice to the police if a collision causes injury, death, or more than $500 of damage. Kansas also requires you to provide immediate notice, but only if someone is hurt, killed, or there is more than $1,000 worth of property damage. Getting the police involved can also help you create a written record of the crash to be referenced later during your insurance claim or injury lawsuit. Be sure to tell the police your version of what happened. Stick to the facts, avoid speculation, and tell the truth.
• Exchange information: Once the police arrive, your next priority will be to exchange information with all involved drivers, injured parties, and parties suffering property damage. This includes exchanging names, addresses, driver’s license numbers, vehicle identification numbers, license plate numbers, insurance company names, and policy numbers. Record the make, year, and model of all involved vehicles. If there are any witnesses to the crash, get their information too for future reference. Do not apologize or discuss the crash with the other involved drivers during this time.
• Collect evidence: Your smartphone is your greatest tool at the scene of a collision. Use it to take photographs and/or video evidence of all vehicle damage, tire tracks and skidmarks, traffic patterns, weather conditions, and any other details relevant to the crash. If you can, get photos of your injuries before they are treated.
• Seek medical attention: Once the police give you permission to leave, see a doctor immediately. Even if you feel fine, there is a chance you may be seriously hurt but are unable to feel symptoms due to the adrenaline rush of the crash. Tell your doctor you were involved in a collision and mention any aches or pains you are experiencing. Be sure to follow your doctor’s treatment instructions carefully and attend any follow-up appointments. Keep a journal of your pain during your recovery and keep records of any expenses you incur related to your injuries.
• Contact an attorney: You will likely be contacted by an insurance adjuster shortly after the crash. While you are required to inform your insurance company within a few days that you were involved in a crash, do not sign any medical release forms or settlement offers without first consulting with an attorney. An attorney will be able to explain your full legal options, assess the true value of your case, and help you negotiate for a settlement that fully compensates you for your losses.

Statute of Limitations for Car Accident Lawsuits in Kansas City

It is important to keep in mind that car accident lawsuits must be filed within a certain period of time to be eligible to be heard by the court. This is commonly known as a statute of limitations. If you attempt to file a car accident lawsuit after the statute of limitations has expired, your case will almost certainly be dismissed and you will effectively lose your ability to recover any damages for your injuries.

When it comes to car accident lawsuits in Kansas City, the applicable statute of limitations will vary depending on the type of claim and the state in which the claim is filed (Kansas or Missouri).

In Missouri, these are the statute of limitations rules you must follow:

• Personal injury and property damage claims must be filed within five years of the date of the accident.
• Wrongful death lawsuits must be filed within three years of the date of the accident.

In Kansas, the statute of limitations rules are even shorter:

• Personal injury and property damage claims must be filed within two years of the date of the accident.
• Wrongful death lawsuits must be filed within two years of the date of the accident.

Laying the Groundwork for Full Damages

We present our evidence to the insurance company and begin the earnest negotiations. If the insurer still denies negligence or argues our client’s contributory negligence as a minimizing factor, we are ready and willing to go to a jury.

But even if liability is acknowledged, securing full compensation is another matter. We anticipate resistance from the insurance company by carefully documenting the extent of the injuries and the physical, financial, and emotional impact on our client.