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Kansas City Accident & Injury Lawyer - Areas of Practice

Kansas City Injury Attorney - Areas of Practice

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FAQ: Car Accident Answers

Having worked as accident and injury attorney for years and spoken with literally hundreds of clients over the years some very common questions are asked often.  For example, when another individual or entity causes a car accident or slip and fall who pays my medical bills? Because so many people are confused by the claims process I have assembled the more have questions about what they might expect. Here are some frequently asked questions about car accidents and injuries, slip and fall injuries, and wrongful death.

Q: Who is responsible for paying the medical bills I keep getting in the mail?

A: It is normal for people to incur copious medical expenses following a car wreck. You very well may be facing a mountain of medical bills and a significant loss of income because you can't work, causing you financial distress and anxiety. Who pays those bills depends in large part over who was at fault for your accident. If you caused the accident, then your medical insurance will pay for your medical bills. In which case, you will be responsible for deductibles and copay's and any other expense not covered. However, If someone else was at fault, his or her insurance company will be liable for paying your medical expenses. That expense is part of the bodily injury coverage on all liability insurance policies. 


If the person causing the accident did not have insurance, the uninsured motorist coverage of your policy takes effect.  That policy will pay you as if the other person did have insurance. You can submit your medical expenses to your uninsured motorists/uninsured motorists coverage through your policy as long as you have it. A Kansas City Car Accident Lawyer can help you determine what coverage you have.

Q: What happens if the accident was caused by a defective product instead of the driver?

A: Defective products and components do cause accidents.  If there was a defective product at fault and not the other driver, the law allows for a lawsuit against the manufacturer.  Designers, distributors, and manufacturers who brought a defective product to the market may be liable under a product liability theory.   


Truck Accident Lawyer Kansas city

Q: If my accident involved a commercial truck. Who would be responsible?

A: In a semi-truck collision caused by a commercial vehicle, many parties may be held responsible. The truck driver and also the driver’s company may also be held accountable. Commercial carriers are vicariously liable for the negligence act of their operators.  That means a commercial carrier most likely will be liable for compensating you for the damages.  Moreover, commercial trucking companies must carry liability insurance with higher policy limits than ordinary automobile drivers.  Also, depending on the circumstance, other parties may have some fault in the accident. These people could include the person or company who maintained and repaired the truck, the distribution corporations that loaded and secured the semi-truck, or others who maintained the roads and bridges.  Your Kansas City Truck Injury Attorney at McCollum Injury Law Firm always conducts a thorough investigation to identify all potential at-fault parties. 

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Wrongful Death Lawyer Kansas city

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Q: What happens if someone is killed in a car accident and who is responsible for the damages?

 A: Under the old common law, when someone was killed in an accident, their injuries died with them.  There was no way to recover for the person's death once the individual died.  As a result, families could not recover damages from negligent acts that caused the death of their loved ones'. The Missouri Legislature understood this as innately wrong and unconscionable. The state of Missouri then enacted a statutory right to file a lawsuit known as a wrongful death lawsuit. Under RSMo. § 537.080, negligent persons can be held liable under a theory of tort law as if "death had not ensued (occurred)." Wrongful death cases are filed when a person’s death is caused by the negligent, reckless, or intentional actions of other persons or entities. 

Q: Who can file a wrongful death lawsuit after an accident?

 

A: Under RSMo. § 537.080, wrongful death lawsuits can be filed by: 

  1. The decedent's surviving spouse or children, whether adopted or natural, or by the father or mother of the deceased.
  2. If the person was unmarried and had no children at the time of death, then by their brother or sister. 
  3. If there be no persons in class (1) or (2) entitled to bring the action, then by a plaintiff ad litem.

Q: What damages can be claimed in a wrongful death lawsuit?

 A: The particular sums that are recoverable in a wrongful death lawsuit depend on the facts and circumstances of what happened. In every action brought under the section, RSMo. § 537.090, for wrongful death the trier of the facts may award such damages as the trier of the facts deems fair and just for the death and loss thus occasioned.  


Pecuniary losses suffered because of the death include:

  1. Funeral of medical expenses;
  2. The reasonable value of the services lost;
  3. Loss of consortium;
  4. Loss of companionship;
  5. Loss of comfort;
  6. Loss of instruction;
  7. Loss of guidance;
  8. Loss of counsel;
  9. Loss of training;
  10. Loss of financial support;
  11. Damages the deceased may have suffered between the time of injury and the time of death.  


Importantly Missouri does not award damages for what the law terms "grief and bereavement" because of the death.  However, Missouri does allow for punitive damages in cases such as drunk driving.  Because the law in this area is complex hiring a Wrongful Death Attorney early is crucial to recieving just compensation.

Q: If a child is hurt in a car accident, can he or she sue?

 A: Under Missouri, a law, a minor does not have the legal capacity to sue on their behalf. A parent or legal guardian of the minor can file a lawsuit on their behalf under RSMo. § 507.110. The parent or guardian must be duly appointed guardian or conservator of such child; or, by a next friend appointed for him in such suit. Under RSMo. § 516.030 the statute of limitations will is tolled until the minor attains the age of majority.  Once reaching the age of 18 they be able to file a lawsuit within the prescribed statutory time after he or she turns 18 years old. 

Q: What happens to the settlement money for minors?

 A: Missouri courts treat a proposed settlement of a minor differently than an adult. Missouri law mandates that any settlement in excess of $10,000 be approved by the court.  Missouri law attempts to maximize the protection provided a minor’s legal action and ensure that any settlement is in the best interest of the child.  Minors are considered wards of the court and their rights are jealously guarded as provided by statute.  Any agreements with a minor are either void or voidable.  However, a minor’s personal injury case can be settled with court approval, so long as the applicable statutes and rules for minor settlements are followed. 


Failure to follow the statutory provisions of a minor settlement will make even a parent’s release for the unenforceable.  All settlements with a minor occur by a court-appointed next friend, guardian ad litem, guardian or conservator under RSMo. §507.184.  The court can either accept or deny any proposed settlement.  A Kansas City Accident and Injury Lawyer can help you through this process so that your child my be compensated property.

Kansas City Accident Attorney

Auto Accident Attorney Kansas City

Free Case Evaluation

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Our personal injury attorney offers a free consultation and case evaluation for all potential clients. Being seriously injured due to a car accident in which someone was negligent can cause significant emotional and financial strain. We want to help if we can. Located in Kansas City, Mo. Click here for a list of questions to ask an injury attorney.

No Fee Unless We Win

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Personal injury attorney serving the Kansas City, Mo area that does not collect attorney's fees, costs or expenses unless we recover damages, either by settlement or at trial. You owe us nothing until we are successful. 

Experienced & Dedicated Team

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Car Accident Lawyer in Kansas City dedicated to protecting victims and holding wrongdoers accountable.  Our personal injury attorney will fight for you so you can focus on recovery. 

Each Case Is Given Personal Attention

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Injury Attorneys in Kansas City, Missouri who prides ourselves for being different from many other personal injury law offices because we don't handle a large volume of personal injury cases. We are selective, which allows us to give each client more attention.  

Contact Best Kansas City Accident Lawyer

Injury Attorney Serving Missouri & Kansas

There is never a fee to discuss your case. Call today!

McCollum Injury Law Firm

5 Victory Lane Suite 202, Liberty, Missouri 64068, United States

(816) 474-2060

Hours

Open today

08:00 am – 05:30 pm

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FAQ From the Personal Injury Law Firm

Do I need to file a accident report in Missouri?

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The short answer is yes you do need to file a accident report in Missouri?.  Read more here.  

Do you handle cases involving spinal cord injuries?

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Yes we do. Spinal cord injury lawsuits usually involve more complex legal and medical issues than those in a typical injury case so, if you're thinking about filing a lawsuit, you might want to speak with a lawyer who specializes in spinal cord injury litigation. Spinal cord injuries are some of the most challenging cases a lawyer can handle.  I have a page dedicated to this injury here.

Do you have any advice on hiring an attorney for an accident?

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Read reviews and ask questions.  Your lawyer works for you.  If they don't act like your best interest is paramount find another lawyer.  I have a page dedicated to this topic here. Whether for a slip and fall or dog bite or car accident.

Do I need a living trust?

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A living trust, specifically a revocable living trust, is a legal document that places your assets—investments, bank accounts, real estate, vehicles and valuable personal property—in trust for your benefit during your lifetime, and spells out where you'd like these things to go upon your death. Read more here.

Does my credit rating affect my insurance rate?

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Your auto insurance scores affect your auto insurance rates much like you would expect your credit scores to affect your interest rates on new loans. ... Of course,insurance scores are only one of many factors that determine your rates and only do so if insurance companies are allowed to use them. Read more here.

Do I need a lawyer if I suffer a brain injury in an accident?

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If you have suffered a brain injury due to anything from a slip and fall to an auto accident, it's wise to hire a lawyer who is experienced and educated about the issues and potential effects of your type of brain injury. Read more here.  Various other types of injuries here. Kinds of Car Accident Injuries are discussed here.

What ways can speed be determined in a crash?

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The scientific answer is: Multiply the second object's mass by its velocity. For example, if it weighs 1,000 pounds and has a velocity of 30 meters per second, then its momentum will be 30,000 kg meters per second. Add the two velocities together to determine which way the objects will move after collision.  Other simpler ways are discussed here.  Aggressive driving kills.

What happens if an insurance company denies my claim?

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Insurance companies deny claims for a whole host of reasons.  The most common are policy exclusions, lapsed policy, dispute of liability and on rare occasion a claim of fraud.  If you want to read more about this a complicated question I have an entire page dedicated to this topic here.  I also have information here and here. Our Kansas City injury lawyer is experienced in insurance disputes.