Personal Injury

Driving under the influence of alcohol is one of the most selfish and negligent things a driver can do. An individual who has a blood alcohol concentration of .08 or higher is considered legally intoxicated. According to statistics provided by MADD (Mothers Against Drunk Driving), 61% of the defendants involved in fatal crashes in 2020 had BACs above .15.  Don’t hesitate to contact an Overland Park drunk driving accident lawyer if you are involved in a crash caused by an impaired driver. Steps to Take After a Drunk Driving Accident You may already know what to do following a car accident. It is important to know how to handle the situation if you believe a drunk driver hit you: Report the Drunk Driving Accident to the Police. It is important for your case that the police evaluate the other driver and take samples of breath, blood, or urine as appropriate. Obtain a copy of the police report if the accident has already been reported. Share this with your lawyer. Contact your insurance company. It is still necessary to contact the insurance company even if the drunk driver was clearly at fault. The best practice is to have your lawyer handle communications with the insurance carriers, but if you are contacted by the carrier, it is best to stick to the basics of what happened. You should avoid making statements about your medical condition before you have been evaluated by a doctor.  See a Doctor. Consult a doctor as soon as possible for treatment. During the doctor’s appointment, describe all symptoms clearly, and tell him or her the injuries occurred in a collision.  Consult an Overland Park drunk driving accident lawyer promptly. The attorney will gather any available evidence before it disappears, and provide expert advice moving forward. Document costs and losses. It is a good idea to keep all the paperwork received (such as medical bills, insurance papers, and employment records), as well as create notes to your lawyer about how the injuries affect your everyday life. Protect Your Rights with Legal Representation You are entitled to compensation for your losses when you are the victim of a drunk driving accident caused by someone else’s negligence, carelessness or intoxication. A person who is negligent on the road and acts in a dangerous manner can be held responsible for all of the accident-related losses. The attorneys at MSB Law, LC understand the complexities of the law. We have recovered millions of dollars for families who have suffered due to the carelessness of drunk drivers. In the event that you have been seriously injured or suffered significant property damage through an accident caused by a drunk driver, it is crucial to understand your legal rights and options. Please call (913) 839-2808, or email MSB and let us help you through this difficult time.

Drunk drivers threaten the safety of everyone on roads and highways. As the holiday season approaches, the chances of being involved in an alcohol-related crash increase as binge drinking occurs more frequently. Families suffer greatly when a person is hit by a drunk driver, and we see this story play out thousands of times every year. If you or a loved one suffered injuries at the hands of an intoxicated driver, you may be able to file a claim against the liable party and seek compensation for your injuries and damages. Damages from Being Hit by a Drunk Driver Those involved in drunk driving crashes may suffer life-altering injuries such as broken bones, traumatic brain injuries, spinal injuries, neck injuries, lacerations, and paralysis. These injuries come with expensive medical bills and victims will need to take time off of work to recover. Additionally, victims of drunk drivers usually have harms and losses that are far greater than the medical bills and lost wages. In some cases, we may be able to recover punitive damages from the drunk driver. An auto body shop will analyze the damage to your vehicle and give you a written estimate of what it will cost to repair it. If the repairs exceed the value of your car, the vehicle might be considered a total loss. Who Is Responsible for Paying these Damages? You could suffer long-term health issues and financial losses due to an accident with a drunk driver. A personal injury claim can help you compensate for these losses. When a driver gets behind the wheel after drinking, they are violating the law and acting negligently. Damages are the responsibility of the at-fault driver and their insurance company. Damages may also be the fault of the restaurant or bar that over-served the drunk driver. In Missouri, the law will hold a restaurant or bar responsible for damages caused by a drunk driver if they continued to serve alcohol to the driver after he or she was visibly intoxicated. Proving the bar’s knowledge of the condition of their customer requires prompt, aggressive investigative work. If you think a bar or restaurant may bear responsibility for the driver’s intoxication, contact one of our attorneys as soon as possible so that we can begin the process of locating and preserving evidence. What to Do if You Get in an Accident with a Drunk Driver A personal injury attorney can assist you when you have been injured in a drunk driving accident. Your lawyer will gather all your medical records to determine the extent of your injuries. An accident involving a drunk driver typically results in medical expenses, lost wages, future medical expenses, and property damage. Our Overland Park personal injury attorneys at MSB Law are committed to obtaining maximum compensation for our clients. We guide clients through the challenging process of a car accident and maintain a close line of communication with them throughout. In the event you or a loved one has been seriously injured in a drunk driving accident, call (913) 839 2808 for a free and confidential case evaluation.

When you have been injured by the negligence of a third party, the last thing you want to learn is that they lack insurance or other assets to cover the damages. The same is true if they have insurance, but the policy cap is substantially less than what you deserve for medical costs, lost wages and other harms and losses. If the at-fault party is unable to provide you with just compensation, what can you do to take care of yourself and your family? The Missouri’s Tort Victims’ Compensation Fund may be able to offer you some relief in cases like these. What is the Missouri Tort Victims’ Compensation Fund? People who were injured by the negligence of another person but are undercompensated due to lack of insurance, inadequate insurance, bankruptcy, or other reasons may be eligible for compensation through the Tort Victims’ Compensation Fund. The Fund can provide a great opportunity for victims who would otherwise not be able to recover financially due to the negligence of another. How Does the Tort Victims Compensation Fund Work? The Missouri Tort Victims’ Compensation Fund is funded through punitive damages awarded in civil claims across the state. Suppose a drunk driver causes a fatal accident and his family is awarded $100,000 in punitive damages as punishment for his misconduct. Half of the punitive damages awarded to the family goes into the Missouri Tort Victims’ Compensation Fund. Fund payouts are calculated based on the Fund’s total financial value and the number of claims it is currently facing. Currently, the Fund will pay out a maximum of $300,000.00 per case.    Am I Eligible to File a Tort Victims Compensation Claim? The injured person must reside in Missouri or have experienced an accident there in order to file a claim with the Tort Victims’ Compensation Fund. If the injured person is deceased, a surviving spouse or specific family member can file a claim. Additionally, one of the following requirements must be met: Despite winning a personal injury or wrongful death lawsuit, the injured person was unable to collect their full monetary award. Injured parties were forced to settle for full policies limits of liability insurance, which did not cover the full extent of damages. Following the final judgment or appeal, claims must be filed within two to five years. It is important to file the claim as soon as possible after the judgment and/or appeal are final. A personal injury attorney can help you determine if you are still eligible. How Can an Attorney Help Me File a Claim? When you have been injured by someone’s negligence, but are concerned the at-fault party will not be able to repay you for the damages they caused, talk to a lawyer to find out if you qualify for the Tort Victims’ Compensation Fund. A lawyer can help you gather and submit the necessary documents and information about the injury, including information about your lost income, your medical records and bills, your other harms and losses, and the amounts available from the defendant or defendants to compensate you.  Having an attorney handle your claim will save you time and stress and ensure you receive the maximum compensation available from the Tort Victims’ Compensation Fund. Our Overland Park personal injury attorneys at MSB Law are committed to obtaining maximum compensation for our clients. Our law office knows how to help clients increase their recovery by exploring their options and filing a claim against the Fund. Contact us today at (913) 839 2808 to schedule a free consultation.

Kansas and Missouri drivers face many challenges during the winter months and that leads to more car accidents. The roads are slippery, the sun sets earlier, and snow and rain can make it difficult to see other cars on the road. Winter weather conditions such as snow, ice, hail, sleet, rain and fog can make driving hazardous. The risk of a car accident increases in bad weather or during a storm. When the weather creates difficult driving conditions, it is important to take all necessary precautions. Make sure you have plenty of tread on your tires. And, make sure your tire tread is the right type for the driving conditions. When a weather-related car crash occurs, the driver and those involved often wonder who is at fault. While bad weather may create dangerous driving conditions, driver negligence is usually the ultimate cause of an accident. Drivers must adapt their driving to the current weather conditions in order to remain safe. It is often difficult for the insurance company or those in the accident to determine who is at fault.  Liability In A Weather-Related Car Accident Drivers should remember that the law requires them to drive responsibly and with caution in any weather condition.  You may have to drive slower than the posted speed limit, take turns slowly, use your hazard lights, or even pull over if the conditions are too challenging. Weather and road conditions will be considered when determining who is at fault in a car crash. However, an individual can still be found liable despite the weather if he or she did not drive in a way that was safe under the weather conditions at the time of the accident. For example, it may be negligent to drive at the speed limit in snowy or icy conditions. In many cases, if a driver loses control of their car and crashes into another one, whether due to sliding on ice or hydroplaning, they will be found responsible for causing the accident. If the road condition was not isolated to a small section of road and was unexpected, the driver may not be at fault. It is essential to involve an attorney on your behalf as early as possible to help unravel these issues.  50/50 Fault Allocation Both drivers may share in the fault for the accident if they both lost control of their cars due to inclement weather or for other reasons. As a result, the insurance companies might decide to allocate fault 50/50 between each driver (“50/50 fault allocation”). The insurance company’s decision does not mean you do not have a case. The insurance companies have an incentive to discourage lawsuits. They are more concerned about their bottom line than about fair compensation for what you lost in the accident. The laws on how fault is divided among the parties is different in Kansas and Missouri. For this reason, it is important to talk to a skilled and experienced car accident attorney as soon as you can.  For example, if you are 50% or more at fault in a Kansas collision, you cannot recover from the other party at a trial. In Missouri, the rules are different. Even if you are more than 50% at fault, you can recover from the other party for their percentage of fault.  If you disagree with the findings of an insurance company’s investigation into an accident or with their assessment of your losses, you will need to prove that the other driver was to blame, not the road conditions. And, you will need to prove that your damages are more serious than the insurance company admits. A skilled and experienced personal injury attorney can help you determine the value of your injuries and whether you have a case.  How To Protect Your Rights After A Weather-Related Car Accident You must ensure from the beginning that your rights are protected. Understand that the other party’s insurance company is not on your side. They will try to offer you the lowest settlement possible which may not be enough to cover the medical expenses, lost wages, or the pain and suffering you endured as a result of a car accident. Contact Our Overland Park Car Accident Lawyers With decades of experience helping Kansas and Missouri residents who suffered severe car accident injuries, our Overland Park car accident lawyers are here to help. We focus on helping our clients recover what they have lost and will fight aggressively to ensure that they receive the compensation they deserve. If you have been injured in an accident, fill out a contact form or call us at (913) 839 2808.