Kansas and Missouri Injury Claims: Mistakes We See Most

More often than not, we see that people who have been injured in auto accidents or who have suffered trauma due to someone else’s negligence, try to handle insurance claims on their own. This is because they may believe that the process will be simple and straightforward. This approach is common especially in cases where the other person’s mistake or wrongdoing seems obvious.

But what many may not be aware of is that the decisions you take early on in the claims process can create a chain reaction. In many cases, it may create complications later. In this article, we’ll talk about the mistakes we as injury lawyers encounter when we are reviewing and handling claims in Kansas and Missouri. While we find that some of these problems can be fixed, others may end up putting your claim in jeopardy or permanently affecting your personal injury case.

Here are some of the most common mistakes we see in our personal injury practice:

1. Assuming the insurance adjuster is always looking out for their interests.

It is normal for people to trust the insurance adjuster who is assigned to their claim. They often seem friendly, accessible and genuinely concerned about your well-being. But, here’s where understanding an insurance adjuster’s responsibilities and how they align with your interests can be helpful.

The adjuster’s main job is to evaluate your claim on behalf of the insurance company. They are paid to look out for the insurer’s best interests. So, for example, they may encourage you to take an early settlement offer. But, that’s not in your interest because you most likely would not have a full picture of your injuries, future medical needs or other losses.

Injured victims should not depend on an adjuster’s assessment to decide what their claim is worth. Instead, they should review their offer carefully, document all their losses, understand the full extent of their injuries and consider contacting a personal injury lawyer who can help them comprehend their situation better — before accepting a settlement from the insurer.

2. Making statements about the accident or their injuries too early.

After an accident, those involved may be asked to give a recorded statement or answer detailed questions by an insurance company. This might happen even before one fully understands what happened or how hurt they are. Giving such statements can create problems later. For example, if you guess how fast a vehicle was going, the distance between vehicles or who had the right of way, such information can be used by the insurance company later to challenge a claim.

Comments that a person casually makes can also cause problems later. For example, someone might say “I’m fine” or “I don’t think I’m seriously hurt,” but later discover that they have a significant injury whose symptoms were not initially apparent. An insurance adjuster may point to those early statements later when they question the severity of the injuries.

So, before you agree to a recorded statement for another party’s insurer, consider contacting an experienced personal injury lawyer. It’s important that you understand what questions may be asked and how your answers could affect your claim.

3. Failing to preserve evidence before it disappears.

Evidence that seems trivial or not so important soon after an accident may become important when an insurer disputes liability or questions the extent of your injuries. But, sadly, some evidence might become difficult to get if it is not preserved right away.

In the context of a car accident this may include:

· Photos of vehicle damage, the accident scene and visible injuries

· Names and contact information for witnesses

· Surveillance footage from nearby businesses, traffic cameras, dashcams, etc.

In premises liability cases, for example, photos of dangerous conditions like wet floors, broken stairs or inadequate lighting can help establish how or why a slip-and-fall or trip-and-fall accident happened. Any communications with witnesses, businesses and insurers should be kept carefully as well.

This step is so important because memories fade, physical conditions change and important records could get tossed out. Without proper documentation, proving your claim can get even more challenging. An experienced injury lawyer can help preserve critical evidence as soon as possible after an accident.

4. Waiting too long to seek medical attention.

Some people may take their time to get medical attention after an accident because they may believe their injuries are “minor.” But, symptoms of some injuries like soft tissue injuries, concussions or other internal injuries may not become fully apparent until hours or even days later.

Delaying treatment can also affect an injury claim. Medical records are what establish the nature of an injury and connect it to the accident. But, when there is a gap between an accident and the first medical evaluation, insurance companies may raise suspicions about whether the injury was caused by the accident or something else.

Anyone injured in an accident should get prompt medical evaluation – even if they’re able to manage the symptoms initially. While not every minor injury requires emergency care, it is important to take symptoms seriously, follow the doctor’s advice and monitor when the symptoms began and how they’ve changed.

5. Having unexplained gaps in medical treatment.

Injured people may seek prompt medical attention, but they may not follow up on appointments or treatment. This can also create problems with an injury claim because insurance companies may argue that those gaps in treatment means your injuries were not serious. They may also argue that the injuries didn’t last as long as claimed or that they were unrelated to the incident.

There are legitimate reasons why someone might pause medical care including financial strain, difficulties finding transportation, work obligations, etc. The important thing is to communicate these challenges to your doctor’s office and make sure you’re maintaining accurate record of your treatment decisions and course of action.

Do not discontinue treatment or medical recommendations because of financial or logistical issues. There may be help available. Treatment decisions should be based on medical advice and your health needs, and not an attempt to increase compensation.

6. Accepting a settlement before understanding the full extent of their injuries.

After an accident, a quick settlement offer from an insurance company can be tempting. This is especially the case when someone is looking at medical bills, lost income and other financial demands. But, taking that offer before understanding the full extent of one’s injuries can be a costly mistake. This is because some injuries may have long-term consequences. An injured person may need additional surgical procedures, rehabilitation or ongoing nursing care. They may also have lasting issues that affect their ability to work or even do everyday activities.

When you sign a final agreement, it essentially means that you’re releasing the insurance company and other parties from further liability for whatever claims are covered under the agreement. This means, once you sign that agreement, you can come back later to seek additional compensation – even if you’re facing new medical expenses related to the same incident and injuries.

Before accepting an offer, injured victims should consider not just current medical expenses, but also those that can arise later in addition to lost future earnings and other long-term consequences.

7. Underestimating the financial and personal impact of their injuries.

Those who are injured tend to focus mostly on existing medical bills when the try to assess what their claim is worth. But, the damages they can recover may include much more like lost wages, reduced future earning capacity, future medical expenses, out-of-pocket costs and many other limitations affecting everyday activities and quality of life.

For example, a person who returns to work after a car accident may still have chronic pain or limited mobility that affects their productivity, makes walking or sitting difficult, etc. These consequences that become apparent over time may be overlooked if they focus just on immediate expenses.

It’s also important for victims to keep proper documents like medical records, employment documents, receipts and other paperwork that can help show the financial and personal impact of an injury. Without good evidence, some damages may be difficult to establish or substantiate during settlement negotiations.

8. Accepting an insurance company’s version of who was at fault

One common assumption injured people make is that they think their claim is dead if the insurer says they were partially responsible for the accident. The insurance company’s initial assessment of fault is neither accurate nor final.

Also, if someone was partly responsible for a crash, it doesn’t prevent them from getting compensated for whatever losses they may have suffered. Both Kansas and Missouri recognize comparative fault, even if their rules on that may be different. Missouri follows a pure comparative fault system while Kansas bars recovery when an injured person’s fault is 50% or greater. Such differences can have a significant impact on an injury claim.

Having evidence like witness statements, photos, videos and police reports can also play a part in determining fault. Those who are injured shouldn’t just accept an insurer’s version of events or assume they can’t get compensation simply because the insurance company said so.

9. Waiting too long to investigate their legal options.

It’s never a good idea to wait until you start having problems with your insurance company to contact a personal injury lawyer. Some may believe that because they are still negotiating with the insurance company, their legal rights may be protected. But, none of this gives an automatic extension to file a lawsuit.

Kansas and Missouri have different statutes of limitations for personal injury claims. Missing these deadlines can prevent an injured person from getting compensated for their losses. Waiting too long can also mean you may no longer be able to reach eyewitnesses or get evidence that could’ve been lost or misplaced.

Contacting an injury attorney just before you hit the deadline can also create more complications. This would leave the attorney very little time to investigate the accident and prepare a case. While not every injury claim needs a lawyer, understanding one’s legal options early on can help injured people protect their rights and avoid pitfalls later on.

Why Kansas and Missouri Injury Claims Require Different Considerations

Personal injury laws are different in Kansas and Missouri. Here are some of those differences, explained:

Comparative fault: Missouri follows a pure comparative fault system. This means you can recover damages even if you were partly at fault. But the compensation would just be reduced by the percentage of fault. Kansas generally bars recovery if the injured person’s fault is 50% or higher.

Deadlines: The statute of limitations to file a personal injury lawsuit is generally two years in Kansas and five years in Missouri. But, exceptions and different deadlines may apply to some types of claims including those involving governmental entities. Waiting too long could affect injured victims’ rights to seek compensation.

Auto insurance: Kansas requires personal injury protection of PIP, which can pay certain medical costs, lost wages, rehab costs and other covered expenses – regardless of fault. Missouri doesn’t have a comparable no-fault system. Claims in Missouri usually involve the at-fault driver’s liability coverage.

So, when an accident involves travel across the Kansas-Missouri border, determining which state’s law applies to the case and what insurance coverage is available can become very important. The location of the accident, residency and insurance policy terms may all play an important part in determining the outcome of the injury claim.

What Can Someone Do If They’ve Already Made One of These Mistakes?

Making a mistake after an accident does not automatically mean you’ve lost your case. It really depends on what mistake was made and what the circumstances of each case are. There are often steps people can take to fix these problems before they become more serious.

They can start by preserving any remaining evidence, getting copies of any correspondence with the insurance company and organizing their medical records, bills, receipts, etc. It is also possible to correct inaccuracies and clear misunderstandings before they become problematic to your case. Your injury lawyer can help you in such situations.

Some mistakes are more difficult to correct. Signing a binding settlement release may prevent you from getting compensation as could missing an applicable legal filing deadline. Acting promptly can make a meaningful difference.

Small Decisions Can Have Lasting Consequences

An injury claim has the potential to become complicated through what could seem like small decisions taken soon after an accident. From speaking with insurance adjusters to documenting injuries, preserving evidence and evaluating settlement offers, each step can have a significant impact on how your injury case ends. So, understanding how insurance investigations, medical records, liability disputes and settlement agreements work, can help injured people avoid these preventable mistakes.

Whether an accident happens in Kansas or Missouri, it’s important that informed decisions are made. One could never assume that the insurance claims process will automatically result in a fair resolution. If you’ve been injured, it’s important that you understand your rights, protect your interests and consider your legal options before making these decisions that could end up having long-term repercussions.