Personal Injury
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:
- The defendant had a duty to you;
- The defendant failed in that duty (breach of duty);
- You were harmed because of the defendant’s breach of duty; and
- 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
For more information:
Personal Injury FAQs
Car Accident FAQs
Personal
Injury Legal Glossary
Railroad
Accident Legal Glossary
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