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Learn How to Recover Damages After a Car Crash With Our Kansas City Car Accident Lawyers
The screeching of tires, the sickening crunch of metal, and a disorienting whirl of shock and confusion—in an instant, your world has been turned upside down by a car accident on the streets of Kansas City. As the reality of your situation sinks in, you're left grappling with mounting medical bills, a wrecked vehicle, and the daunting prospect of lost income.
The road to recovery seems long and unclear, but understanding your legal options can illuminate the path forward. The Kansas City car accident lawyers at Foster Wallace are primed to represent your interests in a car crash claim. We will seek fair compensation for your losses by case settlement or, if needed, court verdict.
How Car Accident Settlements Work
When you're involved in a car accident in Kansas City, one potential resolution to your case is a settlement. A settlement is an agreement reached between you (the injured party) and the at-fault driver's insurance company or the at-fault driver themselves.
In a settlement, you agree to accept a specific amount of money in exchange for dropping any further legal action against the responsible party. This process typically involves negotiations between your Kansas City car accident lawyer and the insurance company's representatives.
Advantages of Taking a Settlement for Your Car Accident Claim
Choosing to accept a car accident settlement can be advantageous for several reasons:
- Faster resolution. Settlements often conclude more quickly than taking a case to trial.
- Guaranteed compensation. You know exactly how much you'll receive in a settlement.
- Less stress. You avoid the uncertainty and emotional toll of a trial.
At the same time, it's equally crucial to ensure that any settlement offer adequately covers all your damages—past, present, and future—before accepting. This is where having an experienced Missouri car accident lawyer can make a significant difference in the outcome of your case.
Proceeding to Trial for a Car Accident Verdict
If a settlement can't be reached, your car accident claim may proceed to trial. In this case, a judge or jury will deliver a verdict. A verdict is a decision the court makes after hearing all the evidence presented by both sides.
The process of obtaining a verdict involves several steps:
- Lawsuit. Your lawyer initiates legal proceedings against liable parties.
- Discovery. Both sides gather and exchange evidence relevant to the case.
- Trial. Each side presents their case, including witness testimonies and expert opinions.
- Deliberation. The judge or jury considers the evidence and arguments.
- Verdict. The court decides whether the defendant is liable and, if so, how much compensation you should receive.
Risks of Going to Trial After a Kansas City Car Crash
While verdicts can potentially result in higher compensation, they also come with risks:
- Uncertain outcome. There's no guarantee you'll win or receive the compensation you seek.
- Longer process. Trials can take months or even years to conclude.
- Public record. Unlike settlements, trial proceedings become part of the public record.
It’s possible to appeal a trial verdict, but this often results in an even longer and more drawn-out process. Even then, as with the initial trial, the outcome is not guaranteed.
Possible Damages Awarded in Car Accident Cases
Whether through a settlement or verdict, you may be entitled to various types of damages after a Kansas City car accident. These typically fall into two main categories: economic damages and non-economic damages.
Economic damages are quantifiable financial losses, including:
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Property damage
- Rehabilitation costs
- Expenses related to the installation of assistive devices
- Other out-of-pocket expenses related to the crash
Non-economic damages are more subjective losses, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Punitive damages
In settlement negotiations, these damages are typically determined through discussions between your lawyer and the insurance company. In a trial, the judge or jury decides the appropriate amount based on the evidence presented. It’s essential to calculate the totality of your losses, including future expenses and diminished income, with your attorney.
How a Kansas City Car Accident Lawyer Can Help Your Case
As you try to recover from your injuries, you may feel overwhelmed by what to do next. You’ve taken time off work and the medical bills are piling up. The lawyers at Foster Wallace can advocate and guide you through this difficult process. We can assist you in the following ways.
- Case evaluation. We'll assess the strength of your case and calculate potential compensation.
- Evidence gathering. We'll collect police reports, witness statements, video evidence, and medical records to support your claim.
- Negotiation. We'll handle all communications with insurance companies, protecting your rights and pushing for fair compensation.
- Trial preparation. If necessary, we'll prepare your case for court, including securing expert witnesses and crafting compelling arguments.
- Legal guidance. We'll explain your options at every step, helping you make informed decisions.
Car insurance companies have teams of lawyers working to minimize their payouts. They’ll use all sorts of excuses in an attempt to deny or reduce your injury claim. Facing them alone is an unfair battle. Level the playing field with strong legal representation and increase your likelihood of receiving fair compensation.
Factors That Influence Settlement vs. Trial Decisions
Deciding whether to accept a settlement offer or to go to trial is a pivotal step in your car accident case. Several factors can influence this choice:
- Strength of evidence. Strong evidence in your favor may encourage a fair settlement or give you the confidence to go to trial.
- Liability clarity. If who’s at fault in the car crash is clear-cut, settlement may be more likely. Disputed liability might necessitate a trial.
- Insurance policy limits. The at-fault party's car insurance coverage can cap potential settlement amounts.
- Your financial needs. Immediate financial pressures might make a quicker settlement more appealing, even if the offer is lower than what you may ultimately be awarded in a trial verdict.
- Emotional toll. Consider your willingness to undergo the stress and public nature of a court trial.
Discuss these factors with your car crash attorney to decide the best course of action for your specific situation.
Time Considerations for Car Crash Settlements and Verdicts
Time is a crucial factor in car accident claims, both in terms of legal deadlines and the duration of the process.
- Statute of limitations. In Missouri, you generally have five years from the date of the accident to file a lawsuit. Missing this deadline can bar you from seeking compensation.
- Settlement timeline. Settlements can often be reached within a few months to a year, depending on the complexity of the case and the willingness of both parties to negotiate.
- Trial duration. If your case goes to trial, it can take anywhere from several months to over a year to reach a verdict, not including potential appeals.
Keep in mind that while settlements typically resolve faster, rushing into a quick settlement without fully understanding your long-term damages can leave you under-compensated. Your attorney can help ensure you're not pressured into a premature settlement.
A Proven Track Record of Success Representing Car Accident Victims
After a Missouri car accident, you don't have to face the legal system alone. At Foster Wallace, our experienced car accident lawyers are committed to helping you understand your options and fighting for the compensation you deserve.
Possible settlements from car accidents can be substantial. In one case, Foster Wallace represented a 65-year-old man from South Missouri who suffered a traumatic brain injury after a car accident. After rejecting an initial lowball offer from the insurance company, we filed multiple depositions and secured a $725,000 settlement for our client without going to trial.
Whether through skilled settlement negotiations or vigorous courtroom advocacy, we're prepared to pursue the best possible outcome for your case. Don't let confusion about settlements and verdicts prevent you from seeking justice.
