Catastrophic Injury Lawyer Kansas City
Catastrophic injuries lead to a lifetime of pain, the inability to work, costly medical treatment, or long-term care needs. Being involved in an accident and suffering catastrophic injuries could add an unimaginable amount of emotional pain and stress to your life. Furthermore, the financial burden could become unbearable and make your life difficult every day.
A catastrophic injury is caused by an accident that results in severe injuries that affect your body, health, or finances. If someone else’s negligent actions have caused your injuries, you might be entitled to recover compensation with a personal injury claim or lawsuit.
Some of the most common catastrophic injuries include:
- permanent limitation of a body part, organ, or system
- the loss of an unborn child
- disfigurement or dismemberment
- permanent loss of use of a body part, organ, or system
- a temporary injury that limits the victim’s ability to participate in their daily routine
These injuries can be caused by car accidents, truck accidents, defective products, motorcycle accidents, medical malpractice, construction accidents, or pharmaceutical drugs. Both victims and their families could be left dealing with lifelong struggles. However, when facing such injuries, you don’t have to handle the situation by yourself. Seek legal representation from RKB LAW, LLC, and we will give you the best chance of success.
How To Prove Negligence In Catastrophic Injury Cases?
To reach the proper settlement in a catastrophic injury case, you will have to prove that the at-fault party acted negligently and caused your injuries. The following elements must be present to prove negligence in your Kansas City personal injury case:
#1. Duty of care
When proving negligence, the first thing you need to do is show that the person or entity responsible for your catastrophic injuries owed you a duty of care. In a car accident, you can do so by stating that all drivers owe a duty of care while on the road by driving safely and respecting all traffic rules.
#2. Breach of duty of care
You will then have to prove that the at-fault party has breached their duty of care to you. Let’s say you fell down broken stairs and suffered severe injuries. The property owner would have breached their duty of care if they knew about the broken stairs but failed to fix them.
#3. The breach of duty caused an accident
Next, you will need to prove that the breach of duty caused your catastrophic injuries.
#4. The accident caused losses
The final step in proving negligence is to demonstrate that you suffered damages due to your severe injuries. Damages can vary from emotional pain to lost income, medical expenses, or post-traumatic stress disorder.
Suppose each of these four elements of the negligence claim was fulfilled. In that case, you would be eligible to recover compensation for your losses, including the following: medical bills, future medical bills, pain and suffering, emotional trauma, loss of consortium, future lost wages, and more.
Types of Catastrophic Injuries
Catastrophic injuries may vary from case to case, but they all have a significant impact on your life. Some of the most common catastrophic injuries are:
- Brain injuries. – According to the Centers for Disease Control and Prevention, more than 30% of deaths in the United States are caused by traumatic brain injuries. When traumatic brain injuries do not cause death, they can lead to paralysis, seizures, lifelong mental issues, or other complications. That’s why it is crucial to receive the rightfully needed financial compensation.
- Spinal cord injuries – There have been around 12,000 to 20,000 reported spinal cord injuries each year in the United States, and many of them are caused by negligence. These injuries can lead to chronic pain, paralysis, or loss of feeling.
- Electrical injuries – An electrocution can harm your internal organs or could lead to brain damage. In such accidents, victims need long-term medical care and treatment.
- Disfigurement – While these injuries may not seem life-threatening like those mentioned above, they can still alter your life. Disfigurement can stop you from completing basic daily tasks and often requires extensive medical treatment like surgery or skin grafts.
- Broken bones. While broken bones may not sound like a catastrophic injury, they could cause internal bleeding that has a significant impact on your life.
By contacting our Kansas City personal injury attorneys, you will learn more about your legal options and how we can help you with your case. Our attorneys understand that catastrophic injuries can be overwhelming both financially and emotionally. We recommend that you or your family reach out to us immediately to establish a clear and successful understanding of your legal options.
Statutes of Limitations for Serious Injuries in Missouri
If you or your loved one have suffered any catastrophic injuries in Missouri, you need to ensure you file your claim within the statute of limitations. To put it simply, you must file your claim before the deadline ends, or the Missouri court will refuse to hear your personal injury case. For catastrophic, personal injury cases, you have up to five years from the date of the injury to file your claim. If you were not aware of your injury until a later date, you could still file your claim within five years from the date of discovery in Missouri and within two years in Kansas.
On the other hand, if your case includes any government employees or agencies, the statute of limitations for such a situation is much shorter. You will only have 90 days from the date of your injury to file your claim, and you must do so with the Office of Administration’s Risk Management Division. For a medical malpractice case, you can file your claim within two years from the date of the injury or the date of discovery.
What is Pain and Suffering, and How is it Calculated?
Pain and suffering can be difficult to prove because it is intangible. It refers to physical, emotional, or mental distress caused by the catastrophic accident. Unfortunately, you cannot demonstrate the economic value of your emotional pain. Still, you can ask your lawyer to prove both emotional or physical pain by gathering evidence from your personal journal, friend’s testimonies, or psychiatrist.
You can make a pain and suffering claim against the at-fault party, and if successful, the court will decide their worth. They will do so by determining how much the catastrophic injuries impacted your life. As there is no specific rule for such cases in Kansas City, generally, the more severe the injury, the more money you can receive in your pain and suffering case.
The methods for calculating pain and suffering damage are the Multiplier Method or Per Diem Method.
- The Multiplier Method takes the total amount of the plaintiff’s economic damages and multiplies it by a number between one and five.
- The Per Diem Method provides an amount of non-economic damages per day. By choosing this method, the jury will offer a fixed amount of pain and suffering damages per day. The amount of money usually matches the plaintiff’s average daily wage, and it will be multiplied by the number of days it takes for them to recover.
You can calculate your damages with the legal assistance of a personal injury attorney. For legal matters involving catastrophic injuries, seek help from one of our attorneys.
Why Do You Need a Kansas City Catastrophic Injury Lawyer?
You may think that you or your family can handle an insurance claim or lawsuit on your own, but things are not that simple. The process of filing a claim is complex, and it needs to respect the statutes of limitations. Catastrophic injuries lawsuits involve a high amount of compensation. A top-rated personal injury attorney can significantly increase your chances of obtaining a fair settlement.
Because catastrophic injuries are much more severe than other cases, the settlements can be very complex and hard to negotiate. Choosing not to hire a personal injury lawyer risks miscalculating your potential damages and not knowing which damages you may qualify for. An attorney will look for all the possible compensation avenues and work to reach the highest potential outcome.
When you choose to file a lawsuit for your catastrophic injuries, you will have to prove that the at-fault party acted in negligence and caused you harm. Our law firm has the experience and resources to investigate your case, interview witnesses, or access surveillance footage. Depending on the implications of your catastrophic accident, your case might need expert witnesses to help win your lawsuit.
Most personal injury cases end in settlement, but often the insurance companies will not consider a higher settlement than what they initially offered. If the final negotiations do not live up to your expectations, the next thing you should do is file a lawsuit. At this stage, your personal injury lawyer will take care of the litigation process while always keeping you up to date with your case’s progress.
We know you need time to rest and heal, so leaving the stressful and demanding negotiations and paperwork up to us will make your life a bit easier. Regardless of your age, injury, or situation, our law firm will do whatever it takes to help you recover all the damages you have suffered after the wrongful actions of others.
While there is nothing that can replace your health, you can at least hope to have your expenses paid and your loved ones taken care of. Contact us for a free consultation at (816) 813-8256.