If you or a loved one were injured in a slip and fall accident, you might be wondering about filing a lawsuit and how to pursue an injury case. Filing a lawsuit is a big decision, and it's important to weigh all your options before moving forward.
Our experienced slip and fall injury attorney will listen to your story and help you understand your options. He handles slip and fall cases in both Missouri and Kansas and will guide you on the best way forward. Call us today at 816-203-0143 for a free consultation or contact us through our online contact form. We’re here for you, and on your side.
Slip and Fall Injuries in Missouri & Kansas
A slip and fall injury often happens when you least expect it. You may be walking in a parking lot, apartment complex or commercial retail store. You can slip on liquid or another substance, or trip on an uneven sidewalk. Some of the most prevalent injuries arising from slips and falls include:
- Neck injuries
- Head and brain injuries
- Spine injuries
- Ankle and knee sprains
- Broken bones
When Should I File a Lawsuit After a Slip and Fall in Kansas City?
When to file a slip and fall lawsuit depends on a few different factors. The first is the severity of your injuries. If you've suffered a severe injury, there’s a lot at stake, so you'll want to contact our personal injury attorney as soon as possible to discuss your case and it's legal options.
Another important factor is who is at fault for your accident. A property owner has a duty of care to keep the premises safe. To win your case, we must establish that the property owner was negligent and failed to take steps to keep you safe. For example, if you slipped and fell on a wet floor, we must prove that the store owner knew, or should have known, about the wet floor and did not take steps to fix the problem or warn customers.
Under both Missouri and Kansas law, negligence is measured under the "reasonable person” standard. In other words, what would a reasonable person have done in the same circumstance? We have to prove that any reasonable person, having learned of a safety risk, would have taken corrective action under the same circumstances.
Our personal injury attorney in Kansas City will talk you through the options, based on the individual circumstances of your case, to figure out what's best for you moving forward.
How to File a Lawsuit After a Slip and Fall in Missouri and Kansas
Before filing a slip and fall lawsuit in Missouri or Kansas, you'll need to gather evidence from the scene of the accident, like photos or videos of the area where you fell or eyewitness testimony. You should also get a copy of the slip and fall injury report, and any medical records or bills related to your injuries.
Once you have all this information, we strongly recommend that you find a personal injury lawyer who is experienced in handling slip and fall cases in Missouri and Kansas. Your slip and fall attorney will prepare a “Petition” if your case is filed in state court. In federal court, you must file a “Complaint.” These pleadings begin the litigation process.
Your attorney should make sure to include as parties to the lawsuit the names of any responsible parties. These parties are called “Defendants.” The court will then issue a summons and this document, along with the Petition or Complaint, must be served on the Defendants to give them notice of the lawsuit.
What if I Was Partially at Fault?
Many property owners will try to blame the injured party in a slip and fall accident. They may say the accident was your fault, even in clear circumstances when it’s not. For example, they might argue that you were not paying attention or that you should have seen the hazard.
Kansas and Missouri have certain rules regarding comparative fault that permit the court to reduce an accident's settlement by the victim's share of fault. In essence, the compensation you get for a slip and fall injury may be less than the actual cost of damages if you partially contributed to the accident. Kansas law fully bars your claim if you are determined to be 50% or more at fault for your injury.
How Much Time Do I Have to File a Slip and Fall Lawsuit in Kansas City?
In general, the statute of limitations for filing a personal injury claim arising from a slip and fall is two years in Kansas and five years in Missouri. This means that you typically have up to two years in Kansas and five years in Missouri from the date of your injury to file a lawsuit.
It's important to note that these deadlines are strict, the failure to file a lawsuit before the statute of limitations will bar your right to recovery for your injuries. In addition, there may be other actions or deadlines that you should take well before the expiration of any statute of limitations. For this reason, you should contact our Kansas City personal injury attorney as soon as possible.
Fair Settlements in Slip and Fall Cases
Each slip and fall case is different, so how much is a fair settlement depends on the facts of your case. However, our personal injury attorney will be able to calculate the potential settlement value based on factors such as:
- Type of injury
- Medical treatment and prognosis
- Proportion of fault
- Lost wages or earning capacity
- Any future treatment costs
- Amount of insurance available
Our experienced personal injury attorney can evaluate your case according to these factors and help you maximize the value of your claim.
Do I Need an Attorney After a Kansas City Slip and Fall Accident?
If you suffered a minor injury, such as a bruise or a cut, you might not need our attorney. However, if you suffered a more severe injury, such as a broken bone, neck/spine or a concussion injury, your case will most likely benefit from representation.
Our personal injury attorney handles slip and fall cases from beginning to end for our client to get full and fair compensation for your injury. Let us help you through the legal process so you can focus on recovering from your injuries.
Get the Help You Need from Our Kansas City Slip and Fall Attorney
If you believe a negligent party caused your slip and fall injuries, speak with our experienced slip and fall attorney. He's on your side, and will help you navigate the steps to move forward.
We’re here to listen and help. Call us today at 816-203-0143 for a free consultation. You can also instantly download our free book Crash Course: 9 Mistakes That Can Wreck Your Accident Claim. We’re here for you.