Advocating for Injured Victims in Overland Park, Kansas City & Beyond
If you have been injured due to misconduct or negligence or if a loved one has passed away as a result of misconduct or negligence, then you may be entitled to compensation.
Oftentimes, insurance companies will fight you for every penny, attempting to give you as little money as possible and refusing to timely resolve your case. That is when the Law Office of Tom Wagstaff Jr. steps in to provide you with the legal help that you deserve.
Why Choose Our Personal Injury Firm?
Our Overland Park personal injury lawyers at The Law Office of Tom Wagstaff Jr. are dedicated to getting you the result that is owed to you.
We can help with cases involving:
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Burn Injuries
- Motor Vehicle Accidents
- Motorcycle Accidents
- Premises Liability
- Pedestrian Accidents
- Truck Accidents
- ATV Accidents
- Aviation Accidents
- Bicycle Accidents
- Nursing Home Abuse & Neglect
“He worked hard on our behalf and we reached a positive conclusion.” - Lori D.
“Tom gives lawyers a good name.” - Donna J.
“Tom and his firm are great people!” - Brad
Kansas & Missouri Personal Injury Laws
Kansas and Missouri are both fault-based states when it comes to personal injury claims. This means that in order to succeed in a personal injury lawsuit in either state, the plaintiff (the injured party) must typically prove that the defendant (the party being sued) was at fault for causing the injury.
Here are the main elements that must typically be proven in a personal injury lawsuit in both Kansas and Missouri:
- Duty of Care: The plaintiff must demonstrate that the defendant owed them a duty of care. This means that the defendant had a legal obligation to act reasonably and avoid causing harm to others.
- Breach of Duty: The plaintiff must show that the defendant breached their duty of care by acting negligently or recklessly. This could involve actions such as speeding, failing to maintain property in a safe condition, or practicing medicine below the accepted standard of care.
- Causation: The plaintiff must establish that the defendant's breach of duty was the direct cause of their injuries. In other words, the plaintiff must demonstrate that they would not have been injured if it were not for the defendant's actions or negligence.
- Damages: The plaintiff must provide evidence of the damages they have suffered as a result of the defendant's actions. This may include medical bills, lost wages, property damage, pain and suffering, and other losses.
Both states follow a modified comparative fault system. This means that if you are found partially at fault for the accident, your damages will be reduced by the percentage of fault attributed to you. However, if you are found to be 50% or more at fault, you may not recover any damages.
In Kansas, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the injury or accident. However, the statute of limitations in Missouri is five years from the date of the injury.
Damages from a Personal Injury Lawsuit
In a personal injury lawsuit, various types of damages may be available to compensate the injured party for their losses and injuries. Here are some common types of damages that may be sought in a personal injury claim:
- Medical Expenses: This includes compensation for past and future medical bills related to the treatment of injuries caused by the accident. It covers expenses such as hospital stays, surgeries, doctor's visits, medication, rehabilitation, therapy, and medical equipment.
- Lost Wages: If the injured person is unable to work due to their injuries, they may be entitled to compensation for lost wages and income. This includes both past lost wages and the estimated value of future earnings lost as a result of the injury.
- Pain and Suffering: This type of damages compensates the injured person for the physical pain, discomfort, and emotional distress caused by the accident and their injuries. It takes into account the severity of the injuries, the duration of the pain and suffering, and the impact on the person's quality of life.
- Loss of Consortium: If the injury significantly affects the injured person's relationship with their spouse or family members, the spouse or family members may be entitled to compensation for the loss of companionship, affection, and support.
- Property Damage: If the accident resulted in damage to the injured person's property, such as a vehicle in a car accident, they may be entitled to compensation for the cost of repairing or replacing the damaged property.
- Loss of Enjoyment of Life: This type of damages compensates the injured person for the loss of enjoyment of activities and hobbies that they can no longer participate in or enjoy as a result of their injuries.
- Punitive Damages: In cases involving particularly egregious conduct or intentional harm, the court may award punitive damages in addition to compensatory damages. Punitive damages are meant to punish the defendant and deter similar conduct in the future.
The availability and calculation of damages can vary depending on the specific circumstances of the case and the laws of the jurisdiction where the lawsuit is filed. Furthermore, certain types of damages, such as punitive damages, may be subject to limitations or restrictions in some states. Consulting with a knowledgeable personal injury attorney can help you understand your rights and pursue appropriate compensation for your losses.
When Should I Hire a Lawyer?
The aftermath of an accident is a stressful and trying time for anyone. While it may be tempting to seek damages for your injuries on your own, having legal counsel on your side, even for a seemly minor accident can be a huge benefit.
However, hiring a personal injury attorney can be most advantageous in the following circumstances:
- Catastrophic injuries: If your accident resulted in life-altering injuries (brain damage, burns, paralysis, etc.), your losses may greatly exceed the compensation initially offered by the insurance company or your own PIP policy. A personal injury lawyer can help you fight for the maximum compensation you deserve.
- Disputed/shared fault: If you are being partially blamed for the accident that caused your injuries, the amount of compensation you are entitled too may be reduced (in Missouri). An attorney can help you prove the other party was at fault to help you recover as much compensation as possible.
- Low-ball settlement offer: Insurance companies may try to pressure you into accepting their first offer, which is usually well below what your case is actually worth. An attorney who has years of experience handling personal injury claims can negotiate with the insurance company to secure a more favorable settlement.
- Major corporation: If your injury was caused by a large corporation or entity, your case will become much more complicated. Hospitals, pharmaceutical companies, and other multi-million dollar companies have extensive resources at their disposal all in the name of devaluing and dismissing your claim. A personal injury attorney can stand up for your rights and protect you from being pushed around.
At the Law Office of Tom Wagstaff Jr., our foremost priority is our clients. Regardless of the legal hurdles you face, rest assured that our personal injury lawyers in Overland Park are dedicated to offering you unwavering support and guidance.
We maintain a constant awareness that our clients are individuals with unique needs. Our commitment is to empathize with your situation, provide the clarity you seek, and help you progress with straightforward solutions.
Maximizing Your Personal Injury Claim
When you've been injured due to someone else's negligence, it's important to understand your rights and options for seeking compensation. Our experienced personal injury attorneys in Overland Park are dedicated to maximizing the value of your claim and ensuring you receive the full compensation you deserve.
Here are some ways our legal team can help maximize your personal injury claim:
- Thorough investigation and gathering of evidence to support your case
- Negotiating with insurance companies to secure a fair settlement
- Litigating your case in court if necessary to achieve the best outcome
- Calculating the full extent of your damages, including medical expenses, lost wages, pain and suffering, and more
- Providing personalized and compassionate legal representation every step of the way
Don't settle for less than you deserve. Contact the Law Office of Tom Wagstaff Jr., LLC today to schedule a consultation and discuss how we can help maximize your personal injury claim.
Do I Have Grounds for a Personal Injury Lawsuit?
If you have suffered an injury due to the negligence of another party, you may have grounds to pursue a personal injury lawsuit. In order to determine whether you have a valid claim, it is important to consider a variety of factors, such as the nature and extent of your injuries, the circumstances surrounding the accident, and the strength of the evidence supporting your case.
Seeking the guidance of a qualified personal injury attorney in Overland Park, KS can help you to determine whether pursuing legal action is the right choice for you, and can provide you with the support and guidance you need throughout the legal process. With the right legal representation, you can feel confident in your ability to pursue the compensation and justice you deserve.
How Long Do I Have to Pursue My Case?
If you recently sustained an injury due to someone else's negligence, you may be wondering how long you have to file a personal injury lawsuit in Kansas. It is important to note that each state has its own statute of limitations, which is a strict deadline for pursuing legal action. In Kansas, you generally have two years from the date of the injury to file a personal injury lawsuit. However, it's always best to consult with an attorney to determine your case's specific timeframe, as certain circumstances can alter this deadline.
Waiting too long to pursue legal action may result in the inability to recover compensation for your injuries, so it is crucial to take action promptly. Call our Overland Park personal injury lawyers at the Law Office of Tom Wagstaff Jr. to get started.
Can I Afford to Hire a Personal Injury Lawyer?
At the Law Office of Tom Wagstaff Jr., we understand the impact that personal injuries can have on one's life. Whether it's an accident at work, a car crash, or a slip and fall, we know that the repercussions go far beyond just physical pain. That's why we take personal injury cases seriously, and why we're proud to handle them on a contingency fee basis.
What does that mean for our clients?
It means that they don't have to worry about paying a dime upfront. Instead, we only get paid if they win their case. This provides peace of mind for those who may be struggling to make ends meet after an injury. Our attorneys work tirelessly to ensure that our clients receive the compensation they deserve. So, if you or a loved one has suffered an injury, don't hesitate to give us a call. We're here to help.