Overland Park Personal Injury Attorneys
Helping Injured Victims in Kansas
When you are injured in an accident, you may be left with many questions and concerns. How will you pay for your medical bills? What if you can't work? How will you support your family?
At Shamberg, Johnson & Bergman, we understand the challenges you are facing, and we are here to help. Our Overland Park personal injury lawyers have been serving the needs of injured victims and their families for more than six decades. We have the experience, resources, and skills to effectively advocate for you, both in and out of the courtroom.
What is Personal Injury Law?
Personal injury is a legal term that refers to situations where an individual sustains harm, whether it be physical, mental, or emotional, due to the negligence or intentional actions of another party. Personal injury cases are typically handled in civil courts, and the injured party may seek compensation (damages) for the losses they've suffered.
The following are some of the common types of personal injury cases:
- Car Accidents: Injuries resulting from collisions involving automobiles, often due to negligent driving or failure to follow traffic rules.
- Truck Accidents: Similar to car accidents but involving larger vehicles, such as trucks. Truck accidents can result in more severe injuries due to the size and weight of the vehicles.
- Motorcycle Accidents: Injuries sustained in accidents involving motorcycles, often due to the vulnerability of motorcyclists on the road.
- Pedestrian Accidents: Injuries suffered by pedestrians who are involved in accidents with vehicles, typically at crosswalks or on roadways.
- Medical Malpractice: Injuries caused by the negligence or misconduct of healthcare professionals, such as doctors, nurses, or hospitals. This can include misdiagnosis, surgical errors, or medication mistakes.
- Nursing Home Abuse: Harm inflicted upon elderly residents in nursing homes, including physical abuse, neglect, or emotional mistreatment.
- Catastrophic Injuries: Severe injuries that result in long-term or permanent disabilities, such as traumatic brain injuries, spinal cord injuries, or severe burns.
- Premises Liability: Injuries that occur on someone else's property due to unsafe conditions, such as slip and fall accidents, inadequate security, or building code violations.
- Product Liability: Injuries caused by defective or unsafe products, including design defects, manufacturing defects, or inadequate warnings.
- Insurance Bad Faith: Cases where an insurance company unfairly denies or delays valid claims, acts in bad faith, or engages in deceptive practices.
- Wrongful Death: Cases where someone dies due to another party's negligence, and surviving family members seek compensation for the loss of their loved one.
What is My Personal Injury Case Worth?
One of the most common questions we receive from clients is, "What is my case worth?" Unfortunately, there is no easy answer to this question. The value of your personal injury case will depend on several factors, including the severity of your injuries, the extent of your damages, and the impact the injuries have had on your life.
Some of the most common types of damages available in personal injury cases include:
- Medical expenses
- Lost wages
- Lost earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement and scarring
How Long Do I Have to File a Personal Injury Lawsuit in Kansas or Missouri?
If you have been injured in an accident, it is important to act quickly. In both Kansas and Missouri, the statute of limitations for personal injury lawsuits is two years from the date of the injury. If you fail to file a lawsuit within this time frame, you will likely lose your right to recover compensation.
However, there are some exceptions to this rule. For example, if you were injured in a car accident and the at-fault driver is a government employee, you may have as little as 90 days to file a claim. Additionally, if you were injured by a defective product, you may have more than two years to file a lawsuit, as the statute of limitations may not begin to run until the date you discovered the defect.
What is Comparative Fault?
In some personal injury cases, the injured victim may be partially at fault for the accident. For example, if you were injured in a car accident and you were speeding at the time of the crash, you may be found to be partially at fault for your injuries. In these cases, the rules of comparative fault will apply.
Under comparative fault rules, the amount of compensation you are entitled to will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident and your total damages are $100,000, you will only be able to recover $80,000.
Keep in mind that if you are found to be more than 50% at fault for the accident, you will be barred from recovering any compensation at all. Insurance companies often try to shift as much blame as possible onto the injured victim in order to reduce their own liability.
Why Choose Shamberg, Johnson & Bergman?
At Shamberg, Johnson & Bergman, we are committed to providing our clients with the highest level of legal representation. We understand the challenges you are facing, and we are here to help. Our Overland Park personal injury lawyers have recovered $750 million in settlements and verdicts on behalf of our clients. We have a proven track record of success, and we are prepared to put our extensive experience to work for you.
Our team can help you understand your legal rights and options, and we can guide you through the process of filing a personal injury claim. We are prepared to fight for you in settlement negotiations, and we are not afraid to take your case to trial, if necessary.