Kansas City Personal Injury Lawyers

“Personal Injury” is just what it sounds like: the physical or emotional injury of an individual. Personal injury law, also known as “tort law,” also categorizes damage to personal property as a personal injury.

Tort law allows any injured party to seek compensation for damages sustained as a result of another’s actions. Both state and the federal legislatures contribute to tort laws, which are designed to protect the rights of every citizen. While there are many, many specific types of torts, three general elements are common to all:

1. A legal “duty” must exist between the defendant (the wrongdoer) and the plaintiff (the person injured)
2. That existent duty must be breached (by the defendant)
3. Damage/injury results from that breach

Generally speaking, this legal “duty” simply refers to the responsibility of each citizen to avoid doing harm to every other citizen. This duty also extends to citizens’ personal property.

A personal injury law may be violated by intentional action or negligence. Intentional acts are aimed at inflicting damage/harm, while negligent acts are a failure to take action which results in damage/harm. A brick thrown through a car window is an intentional action, while a brick accidentally dropped onto a car from a renovation three floors above is a negligent action. Both are violations of personal injury law (an may also meet the requirements of certain criminal actions).

“Strict liability” refers to a particular type of personal injury law. In short, it means that the burden of proof against the defendant is lessened. In strict liability situations, there is not requirement to prove intention or negligence. Instead, the simple fact that damage/injury occurred is proof of a violation of strict liability. A common application of this principle is drug manufacture. If patients are made ill (injured) by the proper use of a medication, it makes no difference why (whether it was an intentional or negligent act); the simple presence of the injury indicates a violation of strict liability.

If/when a personal injury occurs, the defendant is liable to rectify the situation: to make good the damage done. “Damages” is the legal term for what is owed to compensate for the injury. Some cases may be settled privately, through mediation or negotiation with insurance companies, and all parties may agree on damages. Too often, however, these damages do not fully compensate. Personal injury law is the legal option for those seeking rectification and compensation through the civil court system.

Should you find yourself a victim of personal injury, consider these tips to best help yourself and your situation:

1. Seek proper medical treatment.
2. Follow up with all of the proper authorities.
3. Contact your insurance company.
4. If you suspect that your injury amounts to a personal injury (tort), contact an attorney.
5. Avoid discussing your case except as instructed by your attorney.
6. Cooperate with police, with your treating physicians and other medical professionals, and with your insurance company.
7. Know that most personal injury laws include a statute of limitations, meaning that the time for filing a suit regarding your injury is limited.

If you or a loved one is in need of legal assistance, call the Noland Law Firm at (816) 781-5055 or contact us by email. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.