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James M. Roswold is licensed in Missouri Only. Heather A. Lottmann is licensed in Kansas and Missouri. Victor B. Finkelstein is licensed in Kansas and Missouri.
Car Accidents ... What You Don’t Know CAN Hurt You
Car Crash Facts Every year there are over six million car accidents in the US alone and chances are that you may be in some kind of accident at one point or another. If you have the misfortune of being involved in a car accident you need to protect your rights and there are simple rules you should follow at the scene of the accident to ensure your protection.
Injury Accidents If there are any injuries sustained due to the accident, a lawyer should be contacted for initial advice in every instance and as soon as possible. Every case is different and some may require the use of a lawyer whereas others will not. Either way, personal injury lawyers provide free initial consultation so there is nothing to lose and everything to gain by obtaining professional advice right away, before you are taken advantage of by the insurance company and their lawyers.
Property Damage Only If the collision only involves minor property damage, you can almost always handle those claims yourself by getting an estimate of your damages and presenting the paperwork as a claim to the insurance company for the party at fault. Occasionally insurance companies will debate fault for the collision even in minor property damage claims. Again, the vast majority of small property damage cases, without injury, require no legal assistance.
The Essentials: Liability and Damages Obtaining fair compensation for injuries and damages sustained due to an injury accident rests upon a variety of factors the stem from two fundamental and essential components that are necessary in order to be successful in any injury claim:
Who is at fault, which is called the question of liability, and
The amount of injuries and damage.
Proving Liability The liability or fault of the automobile collision case is typically easier to document and present, or at least a less extensive endeavor, than documenting and presenting the extent of the injuries and damages sustained. In fact, the liability often can appear crystal clear on its face. However, the insurance company and their lawyers have a significant profit incentive to generate any conceivable liability/fault issues and they are surprisingly able to do so in many cases, even in some of the cases that it appears most clearcut that the other party was at fault. Since liability/fault is one of the two primary components that determine not only the strength of the case but whether there is any case at all (i.e., there is no case without both liability and damages), insurance companies and their lawyers will do anything and everything possible to suggest some level of comparative fault on behalf of the injured party, even if the fault appears clear. This is especially true if the injury victim's injuries and damages are substantial.
“Minimize and Destroy” vs. “Maximize and Protect” Since the severity of an injury victim's injuries and damages are often unclear at the outset, the insurance company and their lawyers take the same general approach from the beginning of all injury claims ... minimize and destroy the claim in whatever way possible. Since it is often unknown to what extent the injury victim's injuries and damages will impact their lives and the lives of their families, with medical expenses, wage loss, and permanent injury and disability, the injury victim must take the opposite approach ... maximize and protect their right to recovery for their injuries and damages from the outset.
Unfortunately, insurance companies deny 500,000 claims per day. Being prepared to deal with the insurance company can speed your claim through the system and get you a fair recovery. If you or a loved has been injured, or if you are having trouble dealing with an insurance company, you are sure to have immediate questions. There are answers to some of your most important questions here on our website. First and foremost, you should read “Car Crash Injury Victim: The Reality of Your Situation” which is a continuation of this article and discusses in further detail the serious nature of the situation facing the motor vehicle collision injury victim. For more information, you should also download our FREE book, “10 Essential Steps You Must Take To Protect Your Injury Claim, How You Can Escape The Personal Injury Trap, The Ultimate Guide To Accident Cases in Missouri and Kansas,” here on our website.
At Kansas City Accident Injury Attorneys, we have been representing victims for more than 15 years. We understand that denials and unfair settlements by an insurance company and inadequate compensation for injuries and damages can have devastating consequences and we are dedicated to thoroughly representing you every step of the way. Contact the experienced lawyers at Kansas City Accident Injury Attorneys at (816) 471-5111 for a FREE consultation with no obligation.
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Kansas City Accident Injury Attorneys
1102 Grand Blvd., Ste 1901
Kansas City, MO 64106
Phone: 816-471-5111
Toll Free: 888-348-2616 Get Directions
Kansas City Accident Injury Attorneys*
11900 College Boulevard, Suite 300
Overland Park, KS 66210 *By Appointment Only: Heather A. Lottmann & Victor B. Finkelstein