What does “personal injury” mean in a lawsuit?
If you have suffered an injury as the result of the actions or negligence of another party, you may seek financial compensation for physical or emotional damages. A personal injury is a physical injury inflicted to a person’s body, mind, or emotional state. Damage to property is often a component of a personal injury claim. If you’ve been injured in an accident, Donovan Dodrill, an award-winning Kansas City personal injury lawyer with 20+ years of experience, can help guide you through the legal process of filing a successful personal injury claim.
What are common causes for a personal injury case?
- Car accident injury cases are the most common
- Slip and fall accidents due to negligence, also known as premises liability cases
- Accidents or injuries caused by product defects, known as product liability cases
- Medical negligence (surgical, dental, nursing, phlebotomy, assisted/nursing care, missed diagnoses, etc.)
- On-the-job injury accidents for worker’s comp claims
What are the typical damages in personal injury cases?
Damages in a personal injury case are classified into two main categories: “special” and “actual.” Special damages include things like hospital bills, physical therapy, or chiropractic care. Actual damages are defined by financial losses property damage and other “incidental and consequential” losses. Incidental and Consequential losses are in the nature of a property loss associated with the injury. A good example of an incidental loss is your laptop’s destruction in the car accident because it was on the passenger seat when you were hit. A good example of a consequential loss is when you slip and fall due to the negligence of a property owner [or property management company] and break your left ankle. Because you drive a car with a manual transmission and you can’t use the clutch pedal while you’re healing, the rental car you need with an automatic transmission is a consequence of the premises claim.
Pain and Suffering and Punitive Damages define their own categories. Pain and Suffering is exactly what it sounds like. This is the most valuable aspect of a personal injury claim because it is so hard to define the client’s personal experience with pain and the recovery process.
Punitive damages are only permitted under circumstances that involve “gross negligence” or where they are specifically defined by statute. A good example of gross negligence in Missouri, and most other jurisdictions, is driving a car while drunk.
What is the statute of limitations for a personal injury claim?
A statute of limitations (SOL) is simply the amount of time the injured party has to legally file a claim, and they vary by state and the type of injury. In Missouri, for example, the Statute of Limitations for some personal injury claims is five years. Other personal injury claims in Missouri have much shorter statutes of limitation. That’s another reason that it’s important to call Attorney Dodrill as soon as possible following an injury accident to ensure you meet the guidelines as described in the Statute, or you may risk losing the right to file a claim.
Do I have a personal injury claim?
If you have been injured, you need answers to the following questions to determine if you have a case:
- Did the offending party act reasonably under the circumstances?
- Were their actions contradictory to responsible behavior?
- Were your injuries a direct result of their actions?
- Did you suffer monetary damages because of their actions?
If the answers to the questions above are YES, then you may have a valid personal injury claim. The next step to take is to contact Donovan directly and make an appointment. As a Kansas City personal injury lawyer, he can provide you with the best options given your circumstances.
We realize that after a car accident or other injury, you just want to get back on your feet quickly and put the case behind you. However, settling too early with the insurance company after an accident just to move on will likely mean settling for an amount significantly less than what your claim may actually be worth. As an experienced Kansas City personal injury lawyer, Donovan can objectively evaluate an accident and the associated injuries and won’t be intimidated to take the case as far as it warrants.
Donovan Dodrill will help navigate your personal injury claim
It’s never a good idea to try and navigate a personal injury or motor vehicle claim without solid legal advice or representation. Attorney Dodrill’s education and 20+ years of experience help maneuver through complex laws that often cross over into other areas such as workers’ compensation, social security, and probate law. Understanding these related fields is necessary to negotiate the best possible outcome for your claim. Never accept an offer on your own!
It wasn’t your fault and shouldn’t be your burden if you’ve been injured in an accident caused by someone else’s negligence or wrongdoing. Begin your recovery today by scheduling a free consultation to review your car accident in Kansas City, MO with Plaza Injury Law in Kansas City, MO. Donovan Dodrill is available to discuss your case and is ready to hear your story.
Contact a Kansas City Personal Injury Lawyer Today!
If you have been injured as the result of someone’s negligence, or have sustained a permanent injury, you may be eligible to make a legal claim. Initial consultations to review your case are always free, and any fees owed for legal services will be a percentage of any money recovered on your behalf. Seek the counsel of an experienced legal representative to ensure you know all your options and contact Plaza Injury Law today.