Personal Injury Lawsuit Information
For nearly 25 years, Peterson & Associates, P.C. has been serving clients throughout Missouri who have suffered injuries as the result of another’s negligence. Our AV rated litigation firm is located in Kansas City, on the Country Club Plaza, and is dedicated to providing representation and aggressive advocacy for those who have been severely injured or the families of victims of wrongful death caused by the errors, omissions, carelessness or inattention of others, including medical professionals and drivers involved in motor vehicle collisions.
“Personal injury” is the general title given to civil wrongs (torts) that cause bodily injury or harm. A tort assigns responsibility to an individual, group or corporation (defendant) for causing injury to another person (plaintiff). The primary goals of personal injury law are to provide relief (damages) to the plaintiff and to deter the defendant from inflicting further harm to others.
More than 31 million people are injured in accidents every year, according to the National Center for Injury Protection and Control. As many as 90,000 die as a result of these injuries. A personal injury accident can leave you with medical bills, lost wages, damages to your person or vehicle, and a feeling of hopelessness. Victims suffer physical pain and mental trauma that may be permanent and life-changing. Physical personal injury can include disfigurement, loss of limb, permanent or disfiguring scars, disability, and loss of one of the five senses. Mental harm might include emotional trauma, mental anguish, embarrassment, loss of love and affection, or loss of enjoyment. Whether your injuries were caused by an accident, malicious intent, or a defect in a product’s design, production or labeling, you have the right to seek compensation for economic and non-economic damages.
A personal injury victim (plaintiff) can file a wrongful injury suit (tort) against the wrongdoer (defendant). Depending on the facts, different theories of liability may be pursued, including:
• Negligence an individual or company’s act or failure to act caused injury. Even if the act was unintentional, the defendant is still liable for damages.
• Intentional act a person maliciously or intentionally inflicted harm or caused death. A tort claim can be brought and criminal laws may also apply.
• Strict liability this legal doctrine may apply to a manufacturer whose product failed to meet certain safety standards. The manufacturer of a defective product can be held liable without a finding of fault.
According to the law, personal injury victims are entitled to compensation for the plaintiff’s breach of duty or violation of some right. If the jury finds the defendant liable for negligence or wrongful conduct, then you will be entitled to receive plaintiff damages.
Damages can be economic (for lost wages or medical expenses), non-economic (for pain and suffering), and punitive (to punish reckless behavior). Punitive damages are usually awarded only if the defendant’s actions were so heinous that the judge believes it necessary to make an example of the defendant. If your injury was caused by a defect in a product’s design, production or labeling, any or all parties involved in the manufacturing chain may be liable for damages.
While some personal injury suits may be based on intentional acts such as assault and battery, most claims are due to negligence. To win your case, the four critical components of negligence must be established. These critical elements are:
1. The defendant had a duty to you;
2. The defendant failed in that duty (breach of duty);
3. You were harmed because of the defendant’s breach of duty; and
4. That damages resulted from the harm.
Only an experienced lawyer who knows Missouri’s complex personal injury laws, the court system, and individual rights can effectively prove your physical and/or mental injury under state laws.
In many instances, you can recover any medical expenses as a result of your injury, such as doctor and hospital bills, medications, therapy, home health care and all other related medical expenses, as well as any future medical expenses you reasonably expect to incur. You can also recover for the physical pain and suffering you have sustained, your out-of-pocket expenses, your mental and emotional anguish, your lost wages, benefits and other compensation, any loss of your future earning capacity, and the future diminishment of your enjoyment of life.
Do not permanently lose your right to file a claim. Contact Peterson & Associates today for your complimentary legal consultation at our Kansas City office.
PERSONAL INJURY AREAS
• Airplane Crashes
• ATV Accidents
• Bicycle Accidents
• Burn Injuries
• Bus Accidents
• Car Accidents
• Dog Bites
• Food Poisoning
• Head & Brain Injuries
• Motorcycle Accidents
• Pedestrian Accidents
• Railroad Crossing Accidents
• Slip & Fall Injuries
• Trucking Accidents