Car Accidents Attorney in Kansas City, Missouri

After you’ve been in a car accident, your mind may be overwhelmed with questions and concerns. What are my next steps and options? Where do I turn? It was the other party’s fault, but who will be legally held liable? Should I submit an insurance claim, or should I let it go? My loved one passed away... How can I be compensated for their loss? Whether these questions or more are passing through your mind, you need the answers. We have the answers. 

Navigating a car accident can become a complex situation. There are physical and emotional consequences, on top of financial issues. From our firm in Kansas City, Missouri — Burgess Law Firm PC — our car accident attorney fights for our clients’ fair compensation throughout the Kansas City metro area. We strive to inform our clients about their rights, so they know what to expect when seeking fair compensation. 

Liability for Car Accidents 

Liability for car accidents refers to the responsible party or parties for a car accident. Since Missouri is an “at-fault” state, the party responsible for a car accident must pay for personal injuries and material damages to the victims.  

There are three key considerations when filing a claim in Missouri: 

• You can claim material damages against the responsible party’s insurance. The responsible driver for the car accident must cover the victims’ material damages, including collision repairs, total loss, or personal property. 

• Victims can also file claims with their own insurance. Some drivers choose to use their own insurance due to policy limits and specific coverages, such as extended medical care or personal injury protection. Please note that some insurance policies may have limited personal injury protection. Therefore, a driver’s insurance policy may provide greater coverage for themselves and their passengers. 

• Victims can claim personal injury and medical bills against the at-fault party’s policy. While a driver’s own policy may offer greater coverage, emergency room visits and ambulance rides should be covered by the at-fault party’s insurance policy. However, the at-fault party’s policy may not cover long-term healthcare costs, including short and long-term disability and death. 

Please note that victims should seek legal counsel from a licensed car accident attorney before filing a claim. The right legal counsel ensures that victims’ rights are protected throughout the claims process.

Missouri Car Insurance Requirements 

Drivers in Missouri must comply with the following minimum car insurance requirements: 

• A $25,000 minimum personal injury protection. 

• A $50,000 coverage per accident. 

• A $25,000 minimum for property damage. 

It is worth noting that liability resulting from a serious car accident may exceed these policy limits. Consequently, the liable party’s insurance may be insufficient to cover property damage and personal injuries. 

Missouri State Laws Addressing Personal Injury Claims 

After a car accident, you’ll file a personal injury claim. An attorney can help you through the process and explain your rights and the projected outcomes. Missouri law states the following: 

• The statute of limitations in Missouri is five years. In other words, car accident victims have five years to file a claim from the date of the accident. 

• Missouri recognizes comparative fault. This situation means that multiple parties can share responsibility for an accident. Generally speaking, insurance companies assign responsibility in 50/50, 60/40 terms, and so on. As a result, the parties involved may need to file claims with their own insurance to cover property damages and personal injuries. 

Filing a Wrongful Death Claim 

We know that nothing can make up for the loss of your loved one, no matter how they passed. But if they were killed in a car accident due to someone else’s negligence or reckless behavior, a wrongful death claim can help you get the compensation you deserve. Victims may file a wrongful death claim in Missouri when a person has died as a result of reckless, negligent, or intentional conduct by the liable party. For instance, victims may file a wrongful death suit in a drinking-and-driving incident.  

Family members may file a wrongful death claim on behalf of the deceased party within the statute of limitations period. Please remember that evidence is key in a wrongful death claim. Therefore, the filing party must produce documentation such as police reports, insurance company liability decisions, witness accounts, and any available footage to argue their case. 

Seek legal counsel if you find yourself in this situation. Getting the right legal counsel ensures a wrongful death claim meets the criteria needed for success.