Car Accident Lawyers in Kansas City
Legal Representation After a Crash in Overland Park
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 Kansas City 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.
Why Choose Our Car Accident Firm in Overland Park?
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 Kansas City 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.
Call our Kansas City car accident attorneys at (816) 597-4556 for a free case review. We can represent car accident clients in Overland Park, Kansas City, and throughout Missouri.
We’re Ready to Help After a Car Accident in Kansas City
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.
Here are some of the advantages of working with us:
- In-Depth Understanding of State Laws: Our experienced car accident lawyers have in-depth knowledge of Kansas and Missouri car accident laws and regulations. We can navigate the legal complexities of your case, ensuring that your rights are protected and advocating for the best possible outcome.
- Investigation and Evidence Gathering: We have the resources and expertise to thoroughly investigate the circumstances surrounding your car accident. This includes gathering evidence such as police reports, witness statements, photographs, and medical records to build a strong case on your behalf.
- Negotiation with Insurance Companies: Dealing with insurance companies can be daunting, especially when you're recovering from injuries. We can handle all communications with the insurance company on your behalf, advocating for fair compensation for your medical expenses, lost wages, pain and suffering, and other damages.
- Determining Liability: Establishing liability in a car accident case can be complex, especially in cases involving multiple parties or disputed fault. We can conduct a detailed analysis of the accident to determine who was at fault and hold the responsible parties accountable for their actions.
- Maximizing Compensation: Our goal is to help you recover the maximum compensation available for your injuries and losses. We can assess the full extent of your damages, including future medical expenses and lost earning capacity, and fight for fair and just compensation that reflects the true value of your case.
- Litigation Representation: While many car accident cases are resolved through negotiation or settlement, we are fully prepared to take your case to trial if necessary. We have the litigation experience and courtroom skills to effectively represent you in court and pursue the best possible outcome on your behalf.
- Peace of Mind: Dealing with the aftermath of a car accident can be overwhelming, especially when you're trying to recover from injuries. By entrusting your case to us, you can have peace of mind knowing that experienced professionals are handling every aspect of your case, allowing you to focus on your recovery.
Reach out to us today for a free consultation and let's start discussing your case.
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No-Fault vs. At-Fault Car Accident Claims
Kansas and Missouri have different insurance systems for handling car accident compensation. Missouri has an at-fault system, which means that the person who is at fault for the accident is also responsible for covering the damages sustained in the collision.
In contrast, Kansas has a no-fault system, which means that the person injured in an accident must first seek compensation from their own insurance policy (PIP). If the damages sustained in the accident exceed the policy limits and meet certain thresholds, then it may be possible to bring a lawsuit against the at-fault driver to pursue further damages.
Because Kansas City lies on the border of Kansas and Missouri, car accident claims can become very complicated very quickly. However, with help from the experienced trial lawyers at Law Office of Tom Wagstaff Jr., LLC, you can rest easy knowing that your case is in good hands. We'll use whatever avenues are available to secure the compensation you deserve.
Proving Liability in a Car Accident in Kansas City
Establishing liability in a car accident involves a comprehensive process that requires gathering substantial evidence and effectively presenting it. A Kansas City 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.
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.
- Reckless driving: Behaviors such as tailgating, aggressive maneuvers, weaving in and out of traffic, and disregarding traffic signals and signs can lead to accidents.
- Inexperienced drivers: Lack of driving experience, particularly among young or newly licensed drivers, can lead to errors and poor decision-making on the road.
- Failure to obey traffic laws: Violating traffic laws such as running red lights or stop signs, failing to yield, improper lane changes, and illegal turns can result in accidents.
- Road rage: Aggressive behaviors such as honking, yelling, gesturing, or intentionally cutting off other drivers can escalate into 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.
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.
- Whiplash: Whiplash is a soft tissue injury that occurs when the head and neck are suddenly jerked backward and then forward, stretching and straining the muscles and ligaments. It is a common injury in rear-end collisions.
- 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.
- Cuts and Bruises: Broken glass, flying debris, and impact with hard surfaces can cause cuts, scrapes, and bruises, especially to the face, arms, and legs.
- Internal Injuries: Blunt force trauma from a car accident can cause internal injuries to organs such as the lungs, liver, spleen, kidneys, or bowels. These injuries may not be immediately apparent and can be life-threatening if not treated promptly.
- Soft Tissue Injuries: In addition to whiplash, car accidents can cause other soft tissue injuries such as strains, sprains, contusions, and tears in muscles, tendons, and ligaments.
- 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.
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“He worked hard on our behalf and we reached a positive conclusion.” - Lori D.
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“Tom gives lawyers a good name.” - Donna J.
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“Tom and his firm are great people!” - Brad
Damages You May Recover for 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 Kansas City 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.
Car Accident FAQ
What Are the Essential Elements for a Car Accident Claim in Kansas City?
To succeed in a car accident claim in Kansas City, you typically need to prove the following elements:
- Duty of care: You must establish that the other party owed you a duty of care. In the context of a car accident, all drivers have a duty to operate their vehicles safely and obey traffic laws.
- Breach of duty: You need to show that the other party breached their duty of care by failing to act reasonably under the circumstances. This could involve actions such as speeding, running a red light, following too closely, or any other behavior that constitutes negligence.
- Causation: You must demonstrate that the other party's breach of duty was the direct cause of the accident and your injuries. This means showing that, but for the other party's negligence, the accident would not have occurred, and you would not have been injured.
- Damages: You need to provide evidence of the damages you suffered as a result of the accident. This may include medical bills, property damage, lost wages, pain and suffering, and other economic and non-economic losses.
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. Both Kansas and Missouri adhere to a comparative fault system. This means that if you are found to be partially at fault for the accident, your compensation may be reduced by the percentage of fault assigned to you. However, if you are found to be 50% or more at fault, you may not be entitled to any compensation. 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%.
How Long Do I Have to File a Injury Claim After an Accident?
In Kansas, the statute of limitations for filing a personal injury lawsuit resulting from a car accident is generally two years from the date of the accident. For property damage claims, the statute of limitations is typically three years. In Missouri, the statute of limitations for filing a personal injury lawsuit resulting from a car accident is generally five years from the date of the accident. For property damage claims, the statute of limitations is typically five years as well.
What Is the Difference Between a Car Accident Lawsuit and an Insurance Claim?
While related, a car accident lawsuit 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 lawsuit 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.
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 Kansas City car accident lawyers can litigate in court for you if a fair settlement isn’t possible.
