If you have been injured in an accident that was someone else’s fault, you have the right to compensation from the liable party. Contact Martin & Wallentine for your free consultation to find out how an experienced PI attorney can help. You need Jerry!

Accidents occur every day in the course of regular living in both public and private spaces. Some of these accidents include car crashes, dog bites, and medical malpractice. However, some of these accidents are preventable and caused by another's negligence. In these cases it may be possible to receive significant money for your injuries if legal action is pursued. Kansas and Missouri laws provide an avenue for victims of personal injury to seek legal action.

The goal of hiring a personal injury lawyer is to secure just compensation. This is best achieved by hiring an attorney who is extremely knowledgeable about the vast legal landscape of personal injury cases. An experienced attorney will navigate tough topics for you such as: proving negligence, statute of limitations, and comparative fault/negligence. A tenured lawyer will also negotiate with insurance companies on your behalf as well as represent your best interests in court to get you the most amount of money. Consulting with an attorney for your unique case guarantees personalized council and guidance during your time of trouble

At Martin & Wallentine Law Firm, our experienced team is dedicated to supporting you in securing the financial recovery you deserve. Schedule a free Personal Injury consultation today at (913) 764-9700.

Types of Personal Injury Cases

• Bike Accidents
• Brain Injuries
• Car Accidents
• Defective Products
• Dog Bites
• Medical Malpractice
• Pedestrian Accidents
• Slip & Fall
• Spinal Cord Injuries
• Truck Accidents

Proving Negligence

Proving negligence is an important factor in determining the success of a personal injury case. In both Kansas and Missouri, getting injured due to someone else's negligence gives you the right to seek compensation for the damages caused. Proving negligence involves three components in both Kansas and Missouri.

1. Duty of Care: The defendant responsible for the plaintiff's injury was legally obligated to act reasonably and prevent harm.
2. Breach of Duty: The defendant responsible for the plaintiff's injury failed to uphold the duty of care that was required of them. This may include actions or failure to act that caused harm or injury to the victim.
3. Causation: The actions or failure to act by the defendant in question was directly responsible for the injuries suffered.

Hiring a lawyer that goes above and beyond to research your case by constructing an argument including witness statements, medical records, and expert opinions is crucial. These pieces of evidence are used to prove the defendant's negligence in your case. Hiring an experienced personal injury lawyer can give you the peace of mind that your case is being handled by a professional.

Personal Injury Statute of Limitations

Being involved in an accident can be a stressful situation leading to needing to take time to recover and fully heal. This is completely understandable. However, depending on the state where the accident occurred, there is only a certain amount of time the plaintiff has to pursue a personal injury claim. After this time is passed, it may be nearly impossible to recover any compensation.

Kansas Statute of Limitations

The statute of limitations for most cases in Kansas, for personal injury based on negligence, is two years. Filing a claim in this time frame allows the victim to pursue legal action to their fullest benefit. The statute of limitations could be longer or even shorter in some situations. For example, an intentional tort could be limited to one year. Some negligence cases could potentially be longer than two years, depending on special circumstances such as the continuing care rule.

Missouri Statute of Limitations

The statute of limitations for most cases in Missouri, for personal injury based on negligence, is five years. But this can change, depending on the specific circumstance. Getting in contact with a personal injury lawyer in a timely matter is of utmost importance for personal injury cases.

Comparative Fault/Negligence

Kansas and Missouri use different rules to determine compensation in personal injury cases. In Kansas this is referred to as the Modified Comparative Fault Rule and in Missouri this is referred to as the Pure Comparative Negligence Rule.

Modified Comparative Fault Rule indicates that the victim is eligible for compensation as long as it is deemed that they are not more than 50% at fault for the accident. Any percent of fault up until that is removed from their total compensation. For example, if a plaintiff is rewarded $1,000,000 in damages but is ruled 20% at fault, their final money collected would be for $800,000.

Pure Comparative Negligence Rule states that the victim is eligible for compensation even if they are up to 99% at fault. Their compensation is reflected on the percent at fault. For example, if a plaintiff is rewarded $1,000,000 in damages but is ruled 80% at fault, the total amount of money received would be for $200,000.