Neck & Back Injury Lawyer
Neck & Back Injury Law Firm
Neck and back injuries can have profound and lasting effects on an individual’s life, impacting mobility, employment, and overall well-being. Whether resulting from vehicular accidents, workplace incidents, or medical negligence, these injuries often necessitate extensive medical treatment, including surgery, rehabilitation, and ongoing care.
At Monsees & Mayer, our seasoned neck and back injury lawyers are dedicated to representing clients in Missouri and Kansas, ensuring they receive the compensation needed to facilitate recovery and maintain quality of life.
Common Causes of Neck and Back Injuries
Neck and back injuries can arise from various incidents, including:
- Automobile Accidents: Rear-end collisions frequently lead to whiplash and other cervical injuries.
- Workplace Accidents: Falls, heavy lifting, and equipment malfunctions can result in significant spinal injuries.
- Slip and Fall Incidents: Hazardous conditions in public or private spaces can cause individuals to fall, leading to back injuries.
- Medical Malpractice: Surgical errors or misdiagnoses can contribute to severe spinal damage.
Legal Considerations in Missouri and Kansas
Understanding the legal frameworks in Missouri and Kansas is crucial for pursuing neck and back injury claims with a neck and back injury lawyer:
Statute of Limitations:
- Missouri: Personal injury claims must be filed within five years of the incident.
- Kansas: A shorter window of two years applies, necessitating prompt legal action.
Comparative Fault:
- Missouri follows a pure comparative fault system, meaning that an injured party’s compensation will be reduced by their percentage of fault. For example, even if a victim is found to be 99% responsible for their injury, they can still recover 1% of the amount awarded.
- Kansas follows a modified comparative fault rule, where victims can only recover damages if they are found to be less than 50% at fault for their injury.
Caps on Damages:
Both Missouri and Kansas do not have a cap on economic or non-economic damages in most personal injury cases. However, Missouri imposes a cap on non-economic damages in medical malpractice cases, and there are arguments in Kansas for potential application of caps in wrongful death cases, which can limit compensation for pain and suffering.
Recent Case Results
SETTLEMENT – POLICY LIMITS
$21,000,000
SETTLEMENT – POLICY LIMITS
$21,000,000
Pedestrian Wrongful Death Lawsuit Resolves Before Trial
A multimillion-dollar settlement was reached in a lawsuit alleging the wrongful death of a pedestrian. The family filed the suit after the decedent was struck by a bus while walking in a pedestrian crosswalk.
Attorneys: Reed Martens, David Mayer
AS SEEN IN
SETTLEMENT – POLICY LIMIT
$2,100,000
SETTLEMENT – POLICY LIMIT
$2,100,000
Family Gets $2.1 Million After Driver Killed By Trailer Tire
A wrongful death claim pertaining to a man who perished in a traffic accident while on the job has been settled for $2.1 million.
Attorneys: Bobby Thrasher
AS SEEN IN
SETTLEMENT – POLICY LIMIT
$1,250,000
SETTLEMENT – POLICY LIMIT
$1,250,000
Family Gets $1.25 Million After Death of Man On Wheelchair
The family of a wheelchair-bound man who died after being struck by a Hummer will collect a $1.25 million settlement from the driver’s insurer.
Attorneys: Bobby Thrasher
AS SEEN IN
VERDICT – 5x POLICY LIMIT
$550,000
VERDICT – 5x POLICY LIMIT
$550,000
Jury Finds For Plaintiff in Kansas Driveway Crash
A 62-year-old Kansas woman whose vehicle was struck by another as she was pulling into her driveway won $550,000 in a case where liability was admitted but causation was contested.
Attorneys: Chip Lee, Reed Martens
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Personal Injury Attorney
If you’re searching for a dedicated personal injury lawyer, look no further than Monsees & Mayer. Our firm is built on three pillars: experience, relationships, and results.
Our Experience and Dedication to Get Results
Our Kansas City and Springfield personal injury attorneys have over 100 years of combined experience. We are passionate about representing individuals injured by the negligence of others. Our team has successfully handled numerous catastrophic injury settlement claims and can take a range of serious injury cases, including:
Personal Injury Attorney
If you’re searching for a dedicated personal injury lawyer, look no further than Monsees & Mayer, P.C. Our firm is built on three pillars: experience, relationships, and results.
Our Experience and Dedication to Get Results
Our Kansas City and Springfield personal injury attorneys have over 100 years of combined experience. We are passionate about representing individuals injured by the negligence of others. Our team has successfully handled numerous catastrophic injury settlement claims and can take a range of serious injury cases, including:
Factors That Affect a Personal Injury Claim
Two important factors affect the potential success and value of a personal injury claim. Firstly, who is at fault, and secondly, the nature and extent of your injuries.
Who Is At Fault
An important factor affecting your claim’s potential compensation is the amount of fault another individual takes for your injury. Your compensation is reduced by a percentage in the event that you contribute to your injuries or damages. The following parties may be at fault in a personal injury claim:
- Employers
- Manufacturers
- Government Entities
- Property Owner
Nature & Extent of Your Injuries
Determining how much your injuries are worth is critical in any personal injury claim. Compensation for damages is difficult to generalize since no two injury claims are the same. The value of each claim will depend on many factors, such as:
- Expenses incurred
- Lost income
- Emotional damages
- Disability or disfigurement
- Length of recovery process
- Loss of life
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Steps to Take After a Personal Injury Accident
The first few days following an accident are often the most important for finding and preserving evidence and documenting your injuries.
Contacting a personal injury attorney promptly after an accident is crucial to safeguarding your legal rights and ensuring a comprehensive understanding of the potential claims process. Early consultation with a personal injury attorney can aid in the preservation of crucial evidence, such as witness statements, photographs, and medical records, which may be pivotal in building a strong case. Here is what you need to do after a personal injury accident to increase your chances of financial recovery.
Take Notes
Good documentation of the accident, your injuries, and any losses you suffer is highly important in a successful personal injury claim. As well as any conversation you have. Do these things as soon as you are able:
- Write down everything you remember about the accident.
- Document your injuries.
- Take note of anything you have lost.
- Document accident-related conversations.
Preserve Evidence
Preserving evidence after an injury accident is crucial for the proper investigation and resolution of legal matters. Immediately following the incident, individuals involved should prioritize the safety of everyone involved and seek medical attention if necessary. Consider doing these things if you are able:
- Return to the scene as soon as possible.
- Protect physical evidence.
- Locate witnesses.
- Report your injuries.
Personal Injury Damages
A critical part of any personal injury claim is determining how much your damages or injuries are worth. However, it is difficult to generalize since amounts vary depending on the circumstances. Everything you have suffered due to your injury will be assessed to determine the value of your claim, such as:
- Medical Care: Hospital bills, surgery and physical therapy, medications and medical equipment, nursing care, home modifications, and other predicted treatments.
- Lost Income: Lost wages for time away from work, as well as projected earnings and benefit for victims who are unable to return to their jobs. At times, someone may be able to return to gainful employment but have limitations that affect future earning potential.
- Disability or Disfigurement: Loss of use of bodily functions, loss of limbs. facial scarring, and disfiguring injuries.
- Pain and Suffering: Chronic pain, anxiety, depression, and other physical, psychological, and emotional effects.
- Loss of Consortium: Loss of intimate relations with spouse/partner due to disabling injuries. Also, loss of an injured spouse’s ability to contribute to the tasks of daily living in a household.
These damages can quickly add up, especially when the injuries are extensive or permanent. For more information on personal injury damages, check out our blog: What Are Damages in a Personal Injury Claim?
What to Expect from an Insurance Company After a Personal Injury
The Insurance Process
Whether you receive a personal injury in a car accident, by a defective product, on someone else’s property, or at home, there are certain procedures an insurance company may require, which are as follows:
- File an Incident Report with the insurance company within 24 hours
- Provide the following information:
- What caused the accident
- The extent of your injuries
- Photos of the accident scene
- Names of witnesses
- A more detailed account of the incident
- Undergo an Independent Medical Examination– usually by a company-provided doctor
- Have a Claims Adjuster inspect the property– if the injury was caused by a building condition
The insurance company will issue a settlement check following the conclusion of the investigation and decision on the value of your personal injury claim.
Personal Injury Frequently Asked Questions
What is negligence?
The critical issue in many personal injury cases is how a “reasonable person” was expected to act in the particular situation that caused the injury. A person is negligent when he or she fails to act like the standard “ordinary reasonable person.” The determination of whether a given person has met his/her “ordinary reasonable person” standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.
What does compensation cover in a personal injury lawsuit?
Usually, a person who is liable for an injury, his or her liability insurance company must pay an injured person for:
- Medical care and related expenses
- Income lost because of the accident
- Permanent physical disability or disfigurement
- Loss of family, social and educational experiences
- Emotional damages
- Stress, embarrassment, depression or strains on family relationships
- Damaged property
You will be awarded “damages,” which is money intended to restore you to the position you were in before your injury. This money is not considered income and is not taxable as income by the federal government or the states.
How long do I have to file a personal injury claim?
Our personal injury attorneys are frequently asked, “How much time do I have to sue someone for personal injury?” All types of cases, whether criminal or civil, have time limits, called “statutes of limitations,” in which the case must be filed. The statute of limitations for personal injury cases can vary from state to state. Some limits are as short as one year, while others are as long as six years.
Missouri Statute of Limitations
- You typically have five years from the date of the injury to file a personal injury claim in Missouri.
Kansas Statute of Limitations
- The statute of limitations for a personal injury claim in Kansas is usually two years.
Contact our experienced Kansas City or Springfield personal injury attorneys to advise you if you have been injured. Every injury is different, so it is important to know when your time limits begin and if any circumstances may pause this time or even provide for an additional claim.
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- Bobby Thrasher