Representing the Injured & Their Families Since 1986

In simple terms, a personal injury case is a civil case that is brought when a person or business causes harm to another person through negligence, reckless conduct, intentional misconduct. Nearly every personal injury case involves a person who has sustained a bodily injury. Some personal injury cases encompass situations involving emotional injury or injuries that have been sustained by a loved one.

Personal injury cases are meant to compensate the injured party for their losses in the form of monetary damages. A personal injury case can provide compensation for things like:

• Medical expenses
• Lost wages
• Disability / inability to work
• Emotional distress
• Pain and loss of enjoyment of life
• Future medical care

Some individuals hire attorneys to represent them not for the primary purpose of obtaining compensation, but rather for the purpose of holding a negligent party accountable for their misdeeds.

Most personal injury lawsuits are governed by the law of the state where the injury occurred. Sometimes federal law will provide the basis for a personal injury case. For example, railroad employees who are injured on the job invoke the Federal Employment Liability Act to recover damages.

At Dempsey & Kingsland, P.C., we limit our practice to serious personal injury cases. If you have been injured because of the actions (or lack of action) of another, you may have grounds to pursue a case.

In a perfect world, the party responsible for your injury would openly admit fault and the insurance company would pay you the full value of your claim, no questions asked. Unfortunately, this is rarely the case. It is important to remember that insurance companies are businesses, and as such, their primary goal is to be profitable. Insurance companies can only survive if they pay out less than they collect in premiums. As such, you can be sure that the insurance company involved in your case will likely explore every available opportunity to limit, delay, or even outright deny your case. You need an advocate on your side who understands how insurance companies operate to ensure you are treated fairly.

Possibly. Most personal injury claims end up being resolved outside the courtroom through negotiations between your attorney and the insurance company. A trial is generally only necessary if there is a considerable gap between the amount the insurance company offers and what your attorney thinks you truly deserve, there is a dispute over who is liable for your injuries, or there is particularly complex case law that applies to your case. While a trial may sometimes be necessary to secure a greater financial award, there are other situations where a settlement may be in your best interests. You can rest assured that our team of attorneys will advise you on your options and help you pursue the most appropriate path.

If you have been injured, your first priority should always be to seek medical help. Once you are stable, speak to an attorney as soon as possible. Our attorneys will be able to inform you of your legal options and guide you towards the most appropriate course of action.

Generally speaking, after suffering a personal injury of any kind, remember to do the following:

• Document everything: Write down everything you can about the details of your accident. This should include what you were doing, who you were with, the time it happened, what happened in the moments leading up to your injury, and what you did immediately after. Every detail you include can potentially be useful in your case.
• Collect information from witnesses: Eyewitness statements from people who were nearby or involved can help strengthen your claim to insurance companies. Our attorneys can interview witnesses and cross-reference their testimony with others to prove your claim.
• Keep all medical records and evidence: Medical records can be key pieces of evidence when proving the cause and severity of your injuries. Keep all medical documents and bills you receive related to your treatment.
• File a claim with the help of an attorney: Our attorneys can assist you with your claim by assembling the necessary evidence and paperwork, handling all communications with insurance companies, and if necessary, pursuing full and fair compensation on your behalf at trial.

As soon as practically possible. Your primary concern after suffering an injury is to get medical attention. However, once you have been treated and are able to do so, call a lawyer. The longer you wait to get an attorney involved, the greater the chances are that something cold go wrong with your case. Memories fade, witnesses become unreachable, and key evidence can be lost as time passes. Taking action immediately after being injured can help to mitigate these risks and give your attorney the opportunity to build the strongest case possible on your behalf.

You are not legally required to hire an attorney after being injured. You could file all the necessary paperwork and represent yourself. However, your chances of winning your case and securing the compensation you need drastically improve if you hire an experienced personal injury lawyer.

Depending on the circumstances, you may need to bring in an expert witness, sort through various documents provided by the defendant, collect evidence, and present a compelling argument in court to prove your case–all while trying to recover from your injuries. Insurance companies deal with this every day. Do you? If you’re like most injured people, you probably have had little interaction with the legal system before getting hurt. A knowledgeable lawyer who understands how the process works can handle the heavy lifting and fight on your behalf so you can focus on what truly matters during this time: your recovery.

Unfortunately, the time it takes to reach a verdict or settlement in a personal injury case is difficult to predict and can vary dramatically. Generally speaking, cases that involve life-changing injuries and a significant amount of money will take longer to settle because defendants and insurance companies will be more likely to fight harder to minimize their financial liability. A resolution will typically also take longer to reach in cases involving complex case law or unclear liability. It is recommended you discuss your situation with an attorney to get a rough idea of what type of timeline to expect.

No. Anything you say to an insurance adjuster can potentially be used against you to undermine your claim. Leave all communication with the insurance company to your attorney.

You likely have a valid personal injury claim if you were injured due to the careless or negligent actions or inaction of another party. Applying this standard isn’t always simple, however. It is best to set up a free consultation with an attorney and discuss your situation in detail. A lawyer will be able to help you identify who is responsible for your injuries and what you can expect to recover based on the facts and the applicable laws.

Yes, and you should do so as soon as possible. Seeking medical treatment should be your first priority after suffering an injury. Delaying treatment can not only be dangerous for your health, but it can also compromise your personal injury claim and introduce doubt regarding the true cause of your injuries. Seeing a doctor promptly can create a written record of your injuries which can be a crucial piece of evidence when proving your case.

The amount of time you have to file a personal injury claim in Kansas City will depend on which state your case is being filed. In Kansas, under Kansas Statutes section 60-513, you typically have two years to file a personal injury lawsuit against the person or entity responsible for your injuries. Missouri’s standard personal injury statute of limitations is five years from the date of injury. With that being said, both states have exceptions to these filing deadlines that can potentially extend or limit the amount of time you have to take action.

If the statute of limitations applicable to your case expires, you will effectively lose your right to seek compensation for your injuries. For this reason, it is important you get an attorney involved in your case as soon as possible to ensure you are compliant with all legal deadlines.