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Personal Injury FAQ

Denning Law Firm, LLC  Aug. 28, 2023

An unexpected accident can leave you with a number of unanswered questions and stress as the medical bills pile up. You may be wondering about your chances for compensation, what to do next, and other aspects of pursuing a personal injury claim.  

Personal injury laws in Missouri and Kansas can seem complicated, especially for a person who has just been through a traumatic accident and needs some time to recover and get back on their feet. The attorneys at Denning Law Firm, LLC, want to help you with your injury claim so you can focus on what’s truly important now: resting and healing. Our personal injury attorneys strive to offer clients clarity and confidence in their pursuit of maximum compensation. We serve injured victims in Kansas City, Missouri and Kansas, and Overland Park, as well as Jackson County and Johnson County.  

Pursuing a Personal Injury Claim in Missouri & Kansas

When filing a personal injury claim, the first thing you need to determine is whether your state follows a fault-based or no-fault system. Missouri and Kansas are different in this regard because the former is an at-fault state and the latter is a no-fault state.  

  1. Missouri. At-fault insurance in Missouri is liability insurance that compensates injured victims for damages caused by the policyholder. In other words, when an accident occurs, the injured victim must file a claim against the at-fault party’s insurance company to get compensation for economic and non-economic damages. A major benefit of at-fault insurance is that it generally allows one to recover more compensation compared to no-fault insurance. The downside is that the victim must first prove the policyholder’s fault to get their injury claim approved.   

  1. Kansas. No-fault insurance in Kansas is often known as personal injury protection (PIP). When a person is injured in an accident, they must file a claim with their own insurance provider. The insurance company will cover the injured party’s damages up to policy limits regardless of who was responsible for the accident (hence the name no-fault). A major benefit of no-fault insurance is that there is no need to prove the other party’s fault to obtain compensation. The downside is that it generally only covers the victim’s medical expenses and a portion of lost wages.  

Our personal injury attorneys at Denning Law Firm, LLC, represent injured victims in both Missouri and Kansas and can help you navigate the legal system in your respective state.  

Frequently Asked Questions About Personal Injuries

The FAQ section below is intended to address some basic questions about the personal injury claims process. If you need legal advice from an experienced attorney, reach out to Denning Law Firm, LLC, to receive a free case review.  

What to do after being injured in an accident?

If you have been injured in an accident, it is essential that you: 

  • get medical attention to document your injuries; 

  • take photos of your injuries and the scene of the accident; 

  • make a list of witnesses and write down their contact information; 

  • follow the treatment plan approved by your doctor; and, 

  • contact a personal injury attorney to explore your options for compensation and discuss your course of action 

Knowing what to do following an injury can make a difference in the outcome of your personal injury claim.  

How important is it to see a doctor after the accident?

Seeing a doctor and receiving medical care after your accident is important for several reasons. First of all, seeking medical attention is necessary to protect your health and well-being. By not visiting a doctor right away, you are delaying the necessary and unavoidable medical treatment, which in and of itself could impact your ability to fully recover.  

Second of all, not being examined by a doctor within a reasonable amount of time after the accident can negatively affect your future personal injury claim because you could have a hard time proving the origin of your injury.  

What to do if the insurance company calls?

Do not be surprised if you receive a phone call from the insurance company within hours or days following the accident. While the insurance claims adjuster may seem friendly and empathetic, do not fall for their tricks. Insurance adjusters are not your friends. The main reason why they call you is to get you to say anything that would give them grounds to deny or devalue your claim in the future. You can provide basic information about yourself and the accident, but keep your answers brief and to the point. Avoid speculating about anything, including fault and the severity of your injuries.  

How long do I have to file a personal injury claim?

The time limit for filing a personal injury claim varies from one case to another. In Missouri, the statute of limitations for injury claims is only two years. In Kansas, injured victims have five years from the date of the accident to pursue a claim. If you do not file a claim within the applicable time limitation, you lose your right to obtain compensation.  

What is my personal injury case worth?

It is difficult to estimate the value of your personal injury case without knowing the specifics. When evaluating a personal injury claim to determine its worth, an experienced attorney will take into account a number of different factors, including medical bills, the severity of the injury, the effect of the injury on the client’s ability to work and enjoy their life in general, and many others, and come up with an estimate. However, this estimate may not be the judge’s final decision, even when a case is “won”. 

How long will the claims process take?

The timeline of your personal injury case depends on the circumstances of your case. While some cases can be resolved within a few months, others can be drawn-out and take more than a year. Factors that affect how long it takes to settle a personal injury claim include the severity of the injury, whether there are any disputes regarding fault or other issues, the availability of the evidence, and more.  

Do I need to hire a personal injury attorney? 

There are different ways a personal injury attorney can help you. We at Denning Law Firm, LLC are committed to giving your case the attention it deserves and guiding you through every step of the claims process, including but not limited to investigating the accident, gathering evidence to strengthen your claim, filling out the paperwork, and communicating with the insurance company. We will tirelessly fight for the highest possible payout in your case so you can focus on what’s most important: your recovery.  

Answering Your Questions With Experienced Focus

Having the answer to each of these questions—and more—can make a huge difference in your case. For more answers, and for deeper explanations, contact Denning Law Firm, LLC, for a personalized, one-on-one consultation. Reach out to our knowledgeable attorneys to ask your questions and discuss the specifics of your case during a no-cost case review.