Car accidents can drastically alter your life in an instant. From mounting medical bills to the emotional and physical tolls, the aftermath of an accident can be immensely challenging.
At Goodwin Johnston LLC, our team provides compassionate, robust support and aggressive legal representation for car accident victims.
With years of experience in handling car accident claims, we have the knowledge and determination to achieve the best outcomes for our clients. Our firm is prepared to take your case to trial if that’s what it takes to secure the compensation you deserve. This unwavering commitment to our clients has enabled us to recover millions of dollars for accident victims in Kansas and Missouri.
At Goodwin Johnston LLC, we provide personalized one-on-one attention. From the initial consultation through to the resolution of your case, we're with you every step of the way. Contact us today to schedule a compensation and discuss your options.
Car Accident Claims in Kansas
Kansas operates under a "no-fault" car insurance system, which means that in the event of an accident, each driver must first file a claim with their own insurance company regardless of who is at fault. State law mandates that drivers carry Personal Injury Protection (PIP) coverage, which helps cover medical expenses, lost wages, and other related costs.
In addition to PIP, Kansas law requires drivers to have liability insurance to cover damages if they are found legally responsible for injuries or property damage to others. This dual requirement ensures that accident victims can receive prompt compensation without lengthy litigation, while also providing legal recourse for more serious accidents with significant damages.
We proudly represent clients across Kansas, including areas such as Garden City and Kansas City.
Car Accident Claims in Missouri
Based in Kansas City, Missouri, we extend our services statewide. We’re committed to supporting victims and their families in Missouri, fighting tirelessly to ensure their rights are protected.
Missouri follows a "fault" or tort-based car insurance system, which requires determining responsibility in the event of a car accident. Under this system, the driver determined to be at fault for the accident is liable for any resulting injuries, damages, and losses. This liability means that affected parties can pursue compensation through the at-fault driver's insurance, by filing a personal injury lawsuit, or a combination of both.
Missouri law mandates that drivers carry minimum liability insurance coverage to handle potential claims. This includes bodily injury liability and property damage liability, which helps ensure that funds are available to cover damages incurred by the accident victims.
After a Car Wreck
Comparative Negligence Rule
This rule is a legal doctrine used to determine the degree of fault each party holds in an accident, which in turn affects the amount of compensation they can receive. Both Kansas and Missouri apply this rule, but there are some key differences between the states’ approaches.
In Kansas, the law follows a "modified comparative fault" system with a 50% bar rule. This means that an accident victim can recover damages as long as their share of the fault does not exceed 50%. If a victim is found to be 50% or more at fault, they are barred from recovering any compensation. When fault is determined to be less than 50%, the compensation is reduced in proportion to the victim’s degree of fault. For example, if a victim is found to be 30% at fault and the total damages amount to $100,000, the compensation would be reduced by 30%, resulting in a $70,000 recovery.
Missouri, on the other hand, adheres to a "pure comparative fault" system. Under this rule, an accident victim can recover damages regardless of their degree of fault, even if they are found to be 99% at fault. However, the compensation will be reduced in proportion to their percentage of fault. For instance, if an accident victim’s total damages are $100,000 and they are 50% at fault, they would still be eligible to receive $50,000 in compensation.
At Goodwin Johnston LLC, we are well-versed in the comparative negligence laws of both Kansas and Missouri, and we tailor our approach to maximize our clients' recovery based on the specifics of each case.
Statute of Limitations
The statute of limitations sets a deadline for filing a lawsuit, and it's a crucial consideration for car accident claims. Missing this deadline can effectively bar you from seeking legal recourse for your injuries and damages.
In Kansas, the statute of limitations for filing a personal injury lawsuit related to a car accident is generally two years from the date of the accident. This means that accident victims have up to two years to initiate legal proceedings.
However, certain circumstances could extend or shorten this timeframe, such as cases involving minor children or claims against government entities. It's imperative to act quickly to ensure your rights are protected and to avoid the risk of your claim being dismissed due to a lapsed statute of limitations.
In Missouri, the statute of limitations for car accident claims is typically five years from the date of the accident. This longer period provides more flexibility for accident victims seeking compensation for their injuries and damages.
However, as with Kansas, specific factors could alter this general timeframe, such as claims involving government agencies or underage victims. Prompt action is still advised to preserve the integrity of evidence and the availability of witnesses, which can be crucial to the successful resolution of your case.
At Goodwin Johnston LLC, we ensure that all our clients' claims are filed within the appropriate timeframe, navigating the complexities of state laws to safeguard your right to compensation. If you've been involved in a car accident in Kansas or Missouri, contact us without delay so we can evaluate your case and take timely action on your behalf.
Common Injuries from Car Accidents
Car accidents can result in a wide range of injuries, varying in severity depending on the circumstances of the crash. Some of the most common injuries include:
Whiplash: A prevalent injury in rear-end collisions, whiplash occurs when the head is suddenly jolted backward and then forward, straining the neck muscles and ligaments. Symptoms include neck pain, stiffness, and headaches.
Bone fractures: The impact of a collision can cause bones to break or fracture. Commonly affected areas include the arms, legs, ribs, and collarbone. Fractures can range from minor to severe and may require surgery and extensive rehabilitation.
Head injuries: These can range from mild concussions to more severe traumatic brain injuries (TBIs). Head injuries can occur when an occupant's head strikes the steering wheel, dashboard, or windows. Symptoms may include dizziness, headaches, memory loss, and cognitive impairments.
Spinal cord injuries: Damage to the spinal cord can lead to partial or complete paralysis. These injuries are often life-altering and may require long-term medical care and adjustments to daily living.
Internal injuries: The force of a collision can cause damage to internal organs, such as the liver, spleen, or kidneys, leading to internal bleeding. These injuries are often not immediately visible and can be life-threatening if not promptly diagnosed and treated.
Bruises and lacerations: Cuts and bruises are common due to broken glass, debris, or impacts with the interior of the vehicle. While many are minor, some deep lacerations may require stitches or other medical interventions.
Psychological injuries: Beyond physical injuries, car accidents can also result in emotional and psychological trauma. Victims may experience anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health conditions as a result of their ordeal.
At Goodwin Johnston LLC, we understand the multifaceted impact of car accident injuries and are committed to helping our clients navigate their recovery journey. Our comprehensive legal services aim to secure the necessary compensation to cover medical expenses, rehabilitation costs, lost wages, and the emotional toll experienced by accident victims.
Damages Available
We carefully evaluate every aspect to ensure you receive the maximum compensation possible for your losses. Damages available in a car accident claim may encompass:
Medical expenses
Lost wages
Pain and suffering
Property damage
Loss of earning capacity
Emotional distress
Loss of consortium
Punitive damages
Rehabilitation costs
Every case is different, and depending on the circumstances, you may be entitled to other damages not listed above. Our personal injury attorneys will work tirelessly to build a strong case for you that accounts for all your losses.
Car Accident FAQ
What should I do immediately following a car accident?
To protect your rights to full compensation, you should take the following steps:
Check yourself and others for injuries and call 911 if necessary.
Exchange information with other drivers involved, such as names, contact information, and insurance details.
Take photos of the accident scene, including damage to all vehicles and any visible injuries.
Talk to witnesses and gather their contact information.
Report the accident to your insurance company but avoid giving a recorded statement until you have consulted with an attorney.
Seek medical attention, even if you don't feel injured.
Contact a car accident attorney for guidance and legal representation.
If I'm feeling fine, why do I need to get medical help?
Some injuries might not be immediately apparent. Adrenaline can mask symptoms, and conditions like whiplash, concussions, or internal injuries might not manifest until hours or even days later.
Obtaining a medical evaluation documents your injuries officially, which is vital for any future insurance claims or legal proceedings. This documentation can help establish a clear connection between the accident and any subsequent medical issues, ensuring you receive appropriate compensation for your injuries.
Ultimately, getting checked by a medical professional ensures your health is not at risk and supports any legal claims you may need to make later on.
What if the at-fault driver is uninsured?
If the at-fault driver is uninsured, you still have several potential avenues for recovering compensation. First, you can look to your own insurance policy to see if you have uninsured motorist coverage, which is designed to cover your medical expenses and damages when the at-fault driver lacks insurance.
If you're in Kansas, your Personal Injury Protection (PIP) coverage can provide some compensation for medical bills and lost wages regardless of the other driver’s insurance status. It's also possible to file a lawsuit directly against the at-fault driver to seek compensation from their personal assets, although this route may be more challenging if the driver lacks the financial resources to pay a judgment.
Consulting with a car accident attorney can help you navigate these options and determine the best course of action for your specific situation.
Kansas City Car Accident Attorneys
Choosing Goodwin Johnston LLC means opting for a firm that genuinely cares about its clients. We understand the hardships following a car accident and are here to alleviate your burdens. Contact us today to discuss how we can support you in seeking justice and rightful compensation after a motor vehicle crash.