Car Accident Lawyers in Overland Park
Legal Representation After a Crash in Kansas City
Car accidents can leave everyone involved grappling with life-altering injuries, emotional distress, and financial strain that all add up to one overwhelming situation. The Overland Park car accident attorneys of the Law Office of Tom Wagstaff Jr. can help make sense of the situation and keep everything under control for you, though. Renowned for our trial attorneys, our firm is well-equipped to handle even the most challenging cases, potentially taking them to court when necessary. Yet, despite our tenacity in the courtroom, we are proud to be recognized for our compassionate and professional approach, providing a supportive environment that you need during this difficult time. Together, we can fight for your rights and compensation, so let’s get started today.
Call our Overland Park car accident attorneys at (816) 597-4556 for a free case review. We can represent car accident clients in Kansas, Missouri, and Arkansas.
Why You Should Choose Our Firm
Choosing the right legal representation after a car accident can make a significant difference to the outcome of your case. At the Law Office of Tom Wagstaff Jr., we believe our attorneys stand out as an exceptional choice for anyone who is seeking a car accident lawyer in Overland Park for several reasons.
- Our team is comprised of seasoned trial attorneys who are not afraid to take cases to court when necessary.
- With more than 25 years of experience, we have honed our skills and processes, providing clients with excellent legal services.
- We pride ourselves on our history of securing multimillion-dollar settlements and verdicts for our clients.
- The Law Office of Tom Wagstaff Jr. places a strong emphasis on a personal approach that prioritizes client comfort and satisfaction. We understand that each case is unique and requires a tailored strategy, so you can feel heard, understood, and supported throughout the entire legal process.
Common Causes of Car Accidents
Car accidents are often the result of negligence and everyday mistakes. While such mistakes may be unintentional, they are also inexcusable, especially when they cause serious injuries and consequences. It is only right to explore your legal options to hold the accountable party liable for your harm and losses.
The most common causes of car accidents include:
- Driver distraction: This includes activities that divert attention from driving, such as talking or texting on the phone, eating and drinking, talking to people in the vehicle, or fiddling with the stereo, entertainment, or navigation system.
- Speeding: Driving above the speed limit is as common as it is dangerous. Speeding reduces the driver's ability to steer safely around curves or objects in the roadway, extends the distance necessary to stop a vehicle, and increases the distance a vehicle travels while the driver reacts to a dangerous situation.
- Driver intoxication: Consuming alcohol or drugs impairs the driver's ability to operate the vehicle safely, affecting their reaction times, awareness of their surroundings, and ability to control the vehicle.
- Driver exhaustion: Fatigue can have similar effects to intoxication, reducing reaction times and awareness. Tired drivers may fall asleep at the wheel, resulting in disastrous accidents.
- Vehicle defects: Sometimes, accidents occur not because of the driver, but because of a defect in the vehicle. Faulty brakes, worn-out tires, and other mechanical failures can lead to accidents, particularly if the driver is not aware of the defect.
Proving Liability in a Car Accident
Establishing liability in a car accident involves a comprehensive process that requires gathering substantial evidence and effectively presenting it. An Overland Park car accident lawyer from the Law Office of Tom Wagstaff Jr. can guide you through this process, so you don’t need to worry about missing any important steps.
To prove liability in a car accident case, we’ll usually want to do the following and more:
- Gather evidence: The first step involves collecting all pertinent information at the scene of the car accident. This could include photographs of the damage to your vehicle and any injuries, statements from witnesses, and any other relevant details that can help establish the other party's negligence.
- Review medical records: Medical records are crucial in establishing damages in a car accident case. We can review these records, which not only prove the extent of your injuries but also link them to the accident.
- Analyze police reports: Police reports provide an objective account of the accident and often contain valuable evidence about liability.
- Speak with witnesses: Witnesses can provide crucial third-party accounts of the accident, which can be instrumental in proving fault. Our team can secure their statements to reinforce your case.
Car Accident Injuries & Disabilities
Serious car accidents can lead to a wide range of injuries and disabilities, many of which can have life-altering consequences. Our legal team can collaborate with medical experts to validate your injuries, their cause, and the potential long-term complications they might entail. We are thorough in our work to give the opposition as little room as possible to present counterarguments.
Injuries that are commonly caused by serious car accidents include:
- Head and brain injuries: These can range from mild concussions to severe traumatic brain injuries (TBIs). They can result in cognitive impairment, memory loss, behavioral changes, and other long-lasting neurological effects.
- Back injuries and paralysis: Damage to the spinal cord can lead to partial or complete paralysis, with the severity depending on the location and extent of the injury. Even less severe back injuries can cause chronic pain and limited mobility.
- Broken bones: Car accidents often result in fractures. Depending on the severity, these may require surgery and extensive rehabilitation. In some cases, victims may suffer from long-term complications such as chronic pain or mobility issues.
- Emotional trauma: The psychological impact of a car accident should not be underestimated. Victims often experience post-traumatic stress disorder (PTSD), anxiety, depression, and other emotional and mental health issues following a serious accident.
- Heirship Dispute
- Nursing Home Elopement
- Nursing Home Elopement
- Motor Vehicle Collision
Damages in Your Car Accident Claim
At the Law Office of Tom Wagstaff Jr., we take pride in pursuing the maximum compensation for every client. Our seasoned Overland Park car accident lawyers are skilled at calculating the full extent of damages and presenting a compelling case to ensure you receive what you're rightfully owed. We're not afraid to go to trial if necessary, and no amount of insurance company intimidation can deter us from fighting relentlessly for your rights.
Important types of damages and compensation to consider in a car accident claim are:
- Medical treatment costs (past and future): This includes all medical expenses related to the accident, including hospital bills, surgery costs, rehabilitation expenses, and future medical treatment that you may require due to your injuries.
- Lost income: If your injuries prevent you from working, either temporarily or permanently, you can seek compensation for the income you've lost during your recovery period.
- Reduced future income earning capacity: If your injuries affect your ability to earn a living in the future, you may be entitled to compensation for reduced earning capacity.
- Pain and suffering: This refers to the physical pain and emotional distress you've suffered as a result of the accident. While these damages are more subjective, they are nonetheless real and can be significant.
- Permanent disability complications: If you're left with a permanent disability as a result of the accident, you can seek compensation for the long-term effects of your injuries, which might include ongoing medical care, assistive devices, modifications to your home, and other related costs.
We’re Ready to Help – Call After a Car Accident
The Law Office of Tom Wagstaff Jr. is dedicated to championing the rights of car accident victims in the Kansas City area. Our experienced lawyers are ready to guide you through every step of your claim, so you can confidently demand the full compensation you deserve. As you focus on your recovery, we will handle the legal complexities, standing firm against insurance companies and fighting for your rights at trial if necessary. Your journey toward justice is our priority from the moment you first talk to us about what happened.
Reach out to us today for a free consultation and let's start discussing your case.
“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
Car Accident FAQ
- Can I file a claim if I am partially at fault for the car accident?
You can still file a claim even if you are partially at fault for the car accident. Many states follow a rule called "comparative negligence," which allows you to pursue compensation even if you share some blame for the accident. The amount of compensation you can recover will be reduced by a percentage equal to your share of the fault. For example, if you were found to be 30% at fault for the accident, your damages award would be reduced by 30%. However, laws vary by state, so it's important to consult with our car accident attorneys to understand your specific situation.
- How much time do I have to file a car accident claim?
The amount of time you have to file a car accident claim depends on the state in which the accident occurred, as each state has its own statute of limitations. Each state creates its own rules for statutes of limitations on injury claims, many as brief as just two years from the date of the accident. It's highly recommended to consult with a lawyer soon after a car accident to avoid any statute of limitation issues.
- Is a car accident claim the same as an auto insurance claim?
While related, a car accident claim and an auto insurance claim are not the same. An auto insurance claim is a request made to an insurance company for compensation for damages sustained in an accident or for loss. This can cover vehicle repairs, medical expenses, or other accident-related costs. On the other hand, a car accident claim refers to a legal claim against the party at fault in the accident. This typically happens when the at-fault party's insurance coverage is not enough to cover the damages or if the insurance company refuses to pay a fair amount. In such cases, the injured party may file a car accident claim or lawsuit to seek compensation that was not covered already through the insurance claim.
- What is a property damage claim?
In the context of a car accident, a property damage claim typically covers the cost of repairing or replacing your vehicle and other damaged property. It's important to note that property damage claims are technically separate from bodily injury claims, which are made to cover medical expenses and other losses related to physical injuries sustained in the accident. However, a skilled attorney can help a client navigate both types of claims.
- Will my car accident claim settle or go to court?
Whether your car accident claim will settle or go to court largely depends on the specifics of your case and the willingness of all parties to reach a settlement. Most car accident claims are settled out of court, but some will not. Our Overland Park car accident lawyers can litigate in court for you if a fair settlement isn’t possible.