Filing a personal injury claim can be overwhelming, especially when you’re dealing with pain, lost income, and mounting medical bills. Knowing the right steps to take—and what to avoid—can significantly affect the outcome of your case.
In Kansas City, personal injury laws follow a comparative fault system. This means that if you’re partially at fault for the accident, your compensation can be reduced by your percentage of fault. There’s also a five-year statute of limitations for most personal injury claims in Missouri, making it crucial to act promptly.
You should consider getting help when filing a personal injury claim in Kansas City. Legal help, to be more specific. A personal injury lawyer understands the nuances of local court systems and insurance negotiations, helping you avoid costly mistakes.
This article breaks down the essential dos and don’ts of a personal injury claim to help you protect your rights and strengthen your claim from day one.
Dos
1. DO Seek Medical Attention Immediately
Even if your injuries seem minor, delaying treatment can hurt your claim. Insurance companies often argue that gaps in medical care mean your injuries weren’t serious. Under Missouri law (§ 490.715), your medical records are critical evidence for proving damages.
2. DO Report the Incident Promptly
- Car accidents? Missouri law (§ 303.030) requires reporting crashes involving injury, death, or property damage over $500 to law enforcement.
- Premises liability? Notify the property owner or manager in writing to create a paper trail.
3. DO Document Everything
- Take photos of injuries, accident scenes, and property damage.
- Keep receipts for medical bills, prescriptions, and travel expenses for treatment.
- Track lost wages and how injuries impact daily life (e.g., missed events, reduced mobility).
4. DO Know Missouri’s Statute of Limitations
Most personal injury claims in Missouri (§ 516.120) must be filed within five years of the injury. However, claims against government entities (like a KC sidewalk injury) require a 90-day notice before suing.
5. DO Consult an Attorney Before Speaking to Insurers
Insurance adjusters may twist your words to minimize payouts. A lawyer can handle negotiations while ensuring you don’t admit fault (which could reduce compensation under Missouri’s comparative fault rule).
Don’ts
1. DON’T Admit Fault—Even Casually
Missouri follows pure comparative negligence (RSMo § 537.765). If you’re found 20% at fault, your compensation drops by 20%. Avoid apologizing or speculating about blame at the scene.
2. DON’T Accept the First Settlement Offer
Insurers often lowball victims, especially those without legal representation. Once you accept, you forfeit the right to seek additional funds, even if hidden injuries (like whiplash) surface later.
3. DON’T Post About Your Case on Social Media
Defense attorneys scour social media for posts that contradict injury claims (e.g., vacation photos while claiming mobility issues). Set accounts to private and avoid discussing your case online.
4. DON’T Miss Deadlines or Skip Court Requirements
- Missing the statute of limitations permanently bars your claim.
- Failing to comply with court orders (e.g., depositions, medical exams) can result in dismissal.
5. DON’T Handle Complex Cases Alone
Proving liability in cases like truck accidents (which involve federal regulations) or medical malpractice (requiring expert testimony under RSMo § 538.225) demands legal expertise. An attorney can gather evidence, depose witnesses, and counter aggressive defense tactics.
Final Thoughts
Kansas City’s legal landscape—from its busy highways to winter slip-and-fall risks—creates unique challenges for injury victims. By following these guidelines and acting swiftly, you safeguard your right to fair compensation. If you’re unsure about next steps, consult a legal professional to evaluate your case before critical deadlines pass.
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