Walner Law - Attorneys

Kansas City, MO Car Accident Lawyer

If a car accident in Kansas City injured you, Missouri law gives you a direct path to seek payment for the harm caused by another driver’s negligence.

This means you have the right to demand compensation for your medical bills, your lost income, and the ways this injury has rewritten your daily life. The moments after a crash are jarring and confusing, but understanding your rights is the first step toward regaining control.

At Walner Law, we have spent years focused on car accident claims. We know that legal paperwork is the last thing you want to think about while you’re trying to heal. If you have questions, call us for a free consultation to understand your options. You can reach us at (312) 410-8496.

Guideline For Car Accident Lawyer

Why Choose Walner Law?

A Record of Success

For decades, our firm has concentrated on personal injury cases, securing significant settlements for clients involved in serious collisions. We have a deep understanding of how to build a formidable case, anticipate insurance company tactics, and present compelling evidence.

Our Approach is Different

We believe in direct, personal attention. When you work with us, you are not just another case file. We take the time to understand how the accident has affected your life, from the physical pain to the financial strain. Our purpose is to shoulder the legal burdens so you can focus completely on your recovery.

No Win, No Fee Guarantee

We handle cases on a contingency fee basis. This means you pay nothing unless and until we secure compensation for you.

Free Case Review

We provide a free, no-obligation consultation to discuss your accident. This is an opportunity for you to get answers and understand the strength of your case.

We’re available for you 24/7
If you have been injured by a driver who was using a cell phone, please contact us online at Walner Law® or call (312) 410-8496 today to schedule a free consultation with one of our lawyers about your cell phone car accident.
Herbert
Mr. Walner I am so grateful for your passion dedication and professionalism.
Herbert
5/5
Monica
Kristin was so knowledgeable and guided me step by step about my options and kept me in the loop about my case.
Monica
5/5
Denise
I chose Walner Law because they made me feel like a very important client and took consideration of my medical injury at the time.
Denise
5/5

How Is Compensation Determined in a Kansas City Car Accident Claim?

After a crash, financial worries can mount quickly. Medical bills accumulate, you may be unable to work, and watching your savings dwindle only adds to the stress. The goal of a car accident claim is to secure compensation that makes you “whole” again by covering every loss the accident caused.

But what does that include? It is more than just the medical bills in your mailbox today. It includes the physical therapy you might need next year. It’s the lost future earnings if you cannot return to your job. Insurance companies sometimes make a quick offer that fails to account for these long-term costs, leaving you financially exposed later on.

Missouri law allows you to pursue compensation for a wide range of damages, which are generally divided into three categories. We work to identify and calculate every loss to ensure we are pursuing the maximum compensation available.

Economic Damages: The Calculable Costs

These are the tangible, verifiable financial losses you have incurred.

  • Medical Expenses: Every bill from the hospital, doctors, physical therapists, and pharmacies. This also includes calculated costs for future medical care, surgeries, or long-term treatment.
  • Lost Wages: The income you have already lost from being unable to work.
  • Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or working at all, this compensates for the wages you would have earned over the course of your career.
  • Property Damage: The cost to repair or replace your vehicle and any other personal property damaged in the crash.


Non-Economic Damages: The Human Cost

These losses are intangible but just as real. They compensate you for the personal, human cost of the accident.

  • Pain and Suffering: The physical pain and emotional distress caused by your injuries.
  • Loss of Enjoyment of Life: Compensation for the inability to participate in hobbies, activities, and family life as you once did.
  • Disfigurement or Scarring: For permanent physical changes that affect your appearance and self-esteem.


Punitive Damages: Punishing Reckless Behavior

In some cases, Missouri courts may award punitive damages. These are not meant to compensate you for a loss, but to punish the defendant for extreme misconduct and deter others from similar behavior. Punitive damages are reserved for cases where the at-fault party showed a deliberate and flagrant disregard for the safety of others, such as in some drunk driving or road rage incidents.

How Does a Driver’s Share of Fault Affect Compensation?

Missouri uses a legal concept called pure comparative fault. Simply put, this means you can still recover compensation even if you were partially at fault for the accident.

Your percentage of fault reduces your final compensation award. Insurance companies conduct thorough investigations, looking for any evidence to argue you were at fault. Our role is to keep them accountable and ensure no amount of blame is unjustly placed on you.

Where Do Car Accidents Happen Most in Kansas City?

Kansas City unfortunately sees more car accidents than any other city in Missouri. In one recent year, the city recorded 102 traffic fatalities, continuing a troubling trend.

Common Causes of Crashes in the Metro Area:

  • Distracted Driving: A leading cause of collisions in Missouri, this includes everything from texting to adjusting the GPS. The state’s hands-free law forbids drivers from holding a cell phone for most reasons while driving.
  • Aggressive Driving & Speeding: Tailgating, unsafe lane changes, and excessive speed contribute to a large number of accidents. About one-third of all injury-causing crashes in KC involved aggressive driving.
  • Failure to Yield: Many serious crashes happen at intersections when drivers fail to yield the right-of-way to others.
  • Impaired Driving: Driving under the influence of alcohol or drugs continues to be a deadly and persistent problem on Kansas City roads.


Known Hotspots for Accidents in Kansas City:

Police reports and traffic data consistently point to several high-risk areas. We frequently see accidents at:

  • Major Highway Interchanges: The meeting points of I-435 and I-70, as well as the interchanges around US-71, are known for high traffic volume and complex merging patterns that lead to collisions.
  • Specific Intersections: Certain intersections have a reputation for being particularly dangerous. These include:
    • Oak Street and Truman Road
    • Highway 71 at Gregory Boulevard
    • 75th Street and Ward Parkway
    • Blue Parkway and Swope Parkway
  • High-Traffic Corridors: Major roads like Troost Avenue and Van Brunt Boulevard see a high frequency of accidents due to heavy use and numerous entry and exit points.

What Is the Timeline for a Missouri Car Accident Claim?

Our role is to manage this process, making sure every detail is handled correctly and on time.

The Statute of Limitations: A Non-Negotiable Deadline

In Missouri, you generally have five years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations.

While five years may seem like a long time, it is not a reason to delay. Evidence gets lost, witness memories fade, and building a strong case requires time. If you miss this deadline, you will almost certainly lose your right to pursue compensation forever.

For claims involving a wrongful death, the deadline is much shorter: three years from the date of death.

The Claim Process, Step-by-Step:

  1. Investigation and Evidence Gathering: We begin by collecting all available evidence, including the police report, witness statements, photos of the scene, and traffic camera footage.
  2. Notification and Claim Filing: We formally notify the at-fault driver’s insurance company that you are filing a claim for your injuries and damages.
  3. Medical Documentation: As you receive treatment, we gather all your medical records and bills to build a complete picture of your injuries and their cost.
  4. Calculating Damages: Once you reach what doctors call “maximum medical improvement,” we calculate the full value of your claim, including future medical needs and non-economic damages.
  5. Demand and Negotiation: We submit a detailed demand letter to the insurance company. This kicks off a period of negotiation, where we advocate for a fair settlement that covers all your losses.
  6. Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, we file a lawsuit. This does not mean your case will go to trial; many cases still settle before reaching a courtroom.

How Should I Deal With the Insurance Company?

Shortly after the accident, you will almost certainly receive a call from the other driver’s insurance adjuster. It is important to understand their role.

The adjuster works for their company, which is a for-profit business. This means they must balance paying valid claims with protecting their company’s financial interests. Their objective is to resolve the claim for the lowest amount possible.

Here’s what to keep in mind:

  1. Don’t Provide a Recorded Statement: You are not obligated to give a recorded statement. Adjusters are trained to ask questions that might lead you to unintentionally say something that could be used to argue you were at fault or that your injuries are not severe. You can simply say: “I am still processing what happened and am not prepared to give a statement at this time.”
  2. Don’t Accept a Quick Settlement Offer: An insurer might make an early offer before the true extent of your injuries is known. Pain from injuries like whiplash can flare up days or even weeks later. Accepting an early offer closes your claim for good, meaning you forfeit your right to seek further compensation if your injuries turn out to be more serious.
  3. Don’t Sign Documents Without a Review: Never sign a medical authorization or release form without having a lawyer look at it. These documents can sometimes give the insurer sweeping access to your entire medical history, which they might use to argue that a pre-existing condition is the real cause of your pain.
  4. Do Keep Conversations Brief and Factual: If you speak with an adjuster, stick to the basic facts: where and when the accident happened. Do not discuss your injuries in detail, offer an apology, or assign blame.

What Should I Do from Home to Help My Case?

While we manage the legal work, there are several things you can do to strengthen your claim and protect your right to fair compensation.

  • Follow Your Doctor’s Treatment Plan: It is absolutely necessary to attend all medical appointments, go to physical therapy, and follow your doctor’s orders. If you stop treatment, an insurance company will argue that your injuries must not have been serious.
  • Keep a Pain Journal: Each day, write down your pain levels, the physical activities you struggle with, and how the injuries are affecting your daily life and emotional state.
  • Track All Expenses: Keep every receipt and bill related to the accident. This includes medical co-pays, prescription costs, and even mileage to and from your doctor’s appointments.
  • Obtain a Copy of the Police Report: The official police report contains key information about the accident, including the officer’s initial assessment of fault and diagrams of the collision. We’ll help you obtain this document.
  • Stay Off Social Media: Do not post anything about the accident, your injuries, or your daily activities online. Insurance companies will examine your social media profiles. A photo of you at a family event could be used to argue that you are not as injured as you claim.


Common Injuries We See:

  • Whiplash and Soft Tissue Injuries: Neck and back injuries that may not show symptoms for days.
  • Traumatic Brain Injuries (TBIs): Ranging from concussions to severe, life-altering brain damage.
  • Spinal Cord Injuries: Damage that could result in partial or complete paralysis.
  • Broken Bones and Fractures: Often requiring surgery and extensive rehabilitation.
  • Internal Injuries: Damage to organs that can be life-threatening and require immediate medical intervention.

Frequently Asked Questions About Kansas City Car Accidents

Do I still have a case if the police report says I was partially at fault?

Yes. Because Missouri is a pure comparative fault state, you can pursue a claim even if you were partially to blame. The key is to ensure you are not assigned an unfair percentage of fault, which is a primary focus of our work.

What if I was hit by an uninsured or underinsured driver?

Missouri law requires all drivers to carry uninsured motorist (UM) coverage. This coverage is part of your own auto insurance policy and is designed to pay for your injuries if you are hit by a driver with no insurance or a hit-and-run driver. If the at-fault driver has insurance but not enough to cover your damages, you may be able to use your underinsured motorist (UIM) coverage, if you have it.

How long will it take to resolve my car accident case?

It varies. A straightforward case might settle in a few months, while a complex case involving serious injuries could take a year or more, especially if a lawsuit is necessary. The timeline is tied to how long it takes for you to reach maximum medical improvement.

Do I have to go to court?

Most car accident cases are settled out of court through negotiations with the insurance company. Filing a lawsuit is a step in the process used to move negotiations forward, but it does not guarantee a trial. Our goal is always to secure a fair settlement without the need for a trial, but we prepare every case as if it will go before a jury.

Should I use my own health insurance to pay for medical bills?

Yes, you should use your health insurance for immediate medical treatment. Your health insurer may have a right to be reimbursed from your final settlement—a process called subrogation—which is something we manage for our clients.

Let Us Provide the Clarity You Need

Jonathan Walner in a blue shirt and tie smiling

The road to recovery after a car accident is challenging enough without the added stress of a legal claim.

Protect your rights and your future. If you have questions about your car accident, call Walner Law today for a free, confidential case review. We are here to help you understand the path forward.

Contact us now at (312) 410-8496.

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