Frequently Asked Questions About Personal Injury Lawsuits

These answers to general questions about personal injury are provided by attorney Jerry L. Wallentine, Jr., a personal injury attorney serving Johnson County and the greater Kansas City metropolitan area.

What should I do and not do immediately after a car crash or other accident that causes an injury?

• Take care of your medical needs. Get a full and complete evaluation of all injuries. Do not play "hero" or make light of your injuries.
• Do not make statements to police or insurance adjusters that could hurt your case later. You should cooperate with the police and give them a statement—but you should carefully review it for accuracy before signing. You are not required to talk to the other party's insurance company, and you should never sign any agreement with an insurance company or another person involved in the accident without legal advice.

If you have been injured in an accident, contact our attorneys immediately for a free consultation. We return phone calls 24 hours a day, 7 days a week. (913) 764-9700.

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How do I know if I have a valid personal injury case?

The best way to find out is to consult a personal injury lawyer. The basic requirements are that you (1) have an injury to yourself or your property that was (2) caused by someone else who (3) acted carelessly or recklessly. Try asking yourself this question: "If it wasn't for John Doe, who was careless or reckless when he (what did he do?), would I have been injured?"

The injury does not have to be physical. You may have a valid personal injury claim if someone has invaded your privacy, spread negative lies about you, given you severe emotional distress, or caused you to fear for your safety.

What are the stages in a personal injury lawsuit?

Your lawyer will help you gather all your medical records and will help you get additional medical tests, if necessary, to prove the extent of your injuries. Depending on what caused your injuries, your lawyer may hire experts of various kinds to work on accident reconstruction, economic forecasts of future lost earnings, future health care needs and other issues. Your lawyer will also research every responsible party: For example, you may have thought you could only sue the driver of the car that ran a red light and struck you, but perhaps that driver's car had malfunctioning brakes. In that case, your lawyer may name both the other driver and the brakes manufacturer as responsible parties.

Your lawyer will then make a demand for money damages from the insurance companies that carry the policies from which you might be able to recover—in the previous example, from the driver's insurance company and from the brake manufacturer's insurance company. Your lawyer will negotiate a personal injury settlement with attorneys from these insurance companies.

If negotiations fail, your lawyer will file a personal injury lawsuit. A personal injury lawsuit can be a lengthy process: both sides must turn over relevant evidence to each other and make witnesses available for depositions, which are question-and-answer sessions that take place under oath. During this pre-trial period, settlement negotiations will be ongoing.

If all else fails, there will be a trial where a judge or a jury will determine whether legal blame for your injuries can be assigned to another party. If the verdict is in your favor, the responsible party will be ordered by the court to pay the verdict amount.

How can I get more information about whether I have a good personal injury case?

If you or a family member has been injured in an accident, you should call attorney Jerry L. Wallentine, Jr. immediately for a free consultation. Call (913) 764-9700 or send us an e-mail.