Car Accident Attorneys in Kansas City

Dealing with the consequences of a car accident is becoming a startling common occurrence. According to recent data from the Missouri State Highway Patrol, there were over 24,000 traffic crashes in Jackson County, Missouri, in 2019 alone. The aftermath of a car accident can result in severe injuries, an inability to work, financial setbacks, and significant emotional trauma. If you or someone you love has been injured in a traffic collision, you have the right to hold the responsible party liable and recover compensation for your injuries.

Here at the Denning Law Firm, LLC, we are committed to providing comprehensive legal guidance, support, and compassionate representation to car accident victims and their loved ones. As your legal counsel, we can evaluate the surrounding facts of your case, conduct an in-depth investigation, and help you explore all of your legal options as you pursue an injury claim.

Our knowledgeable Missouri personal injury attorneys will fight diligently to protect your rights and help you seek the compensation you need and deserve for your injuries. Our firm is proud to serve clients across Kansas City, Missouri, and Kansas, as well as the surrounding areas of Overland Park, Johnson County, and Jackson County.

Liability for Missouri Car Accidents

Missouri is considered an "at-fault" car accident state. Under Missouri's at-fault laws, the driver who caused the auto accident (at-fault party) can be held financially liable for injuries, damages, and other losses suffered by the accident victims. In order to recover injury claims, a car accident victim can proceed by:

• Filing a personal injury lawsuit against the at-fault driver in civil court

• Filing a claim with their own insurance carrier

• Filing a third-party claim against the insurance provider of the at-fault driver

Insurance Requirements in Missouri

In Missouri, motorists are required to have auto liability insurance of coverage limits:

• $25,000 for bodily injury per person in a single accident

• $50,000 for total bodily injury to two or more persons in a single accident

• $10,000 for property damage per accident

• $25,000 per person or $50,000 total per accident for uninsured motorist coverage

Liability for Kansas Car Accidents

Kansas is considered a “no-fault” car accident state. This essentially means that your own “no-fault” car insurance coverage will pay your medical bills and some out-of-pocket losses up to the limits of coverage, regardless of who caused the accident.

Insurance Requirements in Kansas

In Kansas, auto insurance is required for all drivers. Kansas specifically has provisions for liability coverage, personal injury protection (known as PIP), and uninsured or underinsured motorist coverage.

Liability coverage is designed to cover the other car and any injuries sustained by other drivers in an accident you caused. The minimum requirements for liability insurance in Kansas are:

• $25,000 bodily injury liability per person

• $50,000 bodily injury liability per accident

• $25,000 property damage liability per accident

Personal injury protection (PIP) coverage is often referred to as “no-fault” insurance. This covers your own medical expenses and other related costs, regardless of whether or not you were at fault for the accident. The minimum requirements for PIP coverage in Kansas are:

• $4,500 per person for medical expenses

• $900 per month for one year for disability/loss of income

• $25 per day for in-home services

• $2,000 for funeral, burial, or cremation expenses

• $4,500 for rehabilitation expenses

• $900 per month for one year in survivor benefits for disability/loss off

Uninsured or underinsured motorist coverage is designed to protect Kansas drivers who are in an accident with someone who isn’t carrying insurance or has insufficient insurance. The uninsured or underinsured motorist requirements in Kansas include:

• $25,000 bodily injury liability per person

• $50,000 bodily injury liability per accident

State Laws Addressing
Personal Injury Claims

There are a number of different state laws addressing liability and personal injury claims that are important to be aware of. Some of the most notable state laws include:

Statute of Limitations

In Missouri, any action seeking a remedy for an injury to the person or rights of another must be commenced within five years of the date of the accident or injury. In Kansas, you have two years from the date of the accident or injury to file your personal injury claim or lawsuit. It’s important to note that, in both states, the clock begins ticking from the date of the accident, not from the date you discovered your injuries or began receiving treatment.

Comparative Fault in Missouri

Additionally, Missouri follows the "pure comparative fault" system. According to the rule, your involvement in a car accident doesn't prevent you from recovering damages for your injuries. However, the amount of compensation you may recover will be reduced by the level of fault you are assigned.

For example, if a judge or jury awards you compensation in the amount of $100,000 for your injuries, but finds you to be 10% responsible for the car accident — your damages will be reduced by 10%, or $10,000. This means that you will only be eligible to collect $90,000 in compensation. It’s important to note that even if you are up to 99% at fault for the accident, you can still pursue compensation for your injuries in Missouri.

Kansas’ Modified Comparative Negligence Law

Unlike Missouri, Kansas follows a comparative negligence rule. This means that if you were injured in a car accident in Kansas, any damages you are awarded will still be reduced by an amount equal to your percentage of fault. However, if you are found to be 50% or more at fault for the accident that caused your injuries, you will be unable to collect any compensation for your injuries.

Filing a Wrongful Death
Claim in Kansas or Missouri

A wrongful death can be defined as any preventable death that is caused by the negligent, careless, or wrongful actions of another. A wrongful death action may be filed against a person or party whose negligent or intentional conduct results in the death of another person. In Missouri, a wrongful death action must be filed within three years from the date of the victim's death. In Kansas, a wrongful death action must be filed within two years from the date of the victim's death.

Work With an Experienced
Personal Injury Attorney

Being involved in a car accident can be devastating, and it can affect you physically, financially, and emotionally. Thankfully, you don't have to face the challenges alone. If you or someone you know has been injured in an auto accident, retaining an experienced personal injury attorney is crucial so that your rights can be protected from start to finish.

At Denning Law Firm, LLC, our attorneys have the experience and legal resources to help you hold the responsible parties accountable for your injuries. Our attorneys will fight compassionately to protect your rights and advocate for your best interests. Using our knowledge of the laws for both Kansas and Missouri, we will guide you through the often complicated claims process and help you pursue the justice you deserve.

Never put your fate in the hands of insurance providers that only care about their own profits and won't protect your best interests. Having our team on your side can make a big difference in your case, so call or reach out to our firm today to schedule your own free case consultation.