fbpx

Personal Injury

Pursuing Compensation Through the Missouri Tort Victims’ Compensation Fund

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 Morefield Speicher Bachman 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.

Read More »

What To Do If Injured In An Uber Car Accident

Uber is the most popular rideshare company in the country, with over 25% of Americans using Uber at least once per month. The number of ride-sharing companies has increased dramatically over the past few years, primarily because most people find them more efficient and convenient than traditional taxis. Through an app installed on their phones, riders can easily order, track, and pay for their rides. Sadly, as the popularity of Uber has grown, so has the incidence of car accidents. Rideshare companies such as Uber and Lyft are now required to carry liability insurance, but there are still gray areas when it comes to determining liability in an Uber-related car accident. The following information may be helpful to you if you have recently been injured in a rideshare accident. Who Can Be Held Liable in an Uber Car Accident? In the event of an Uber accident, one or more parties may be liable for your injuries, including, but not limited to: Your rideshare driver Other drivers Public transportation drivers  Commercial truck drivers Pedestrians and cyclists Manufacturing companies What Should I Do if I’m a Passenger Involved in an Uber Accident? You may not know who is responsible for a ridesharing accident or what your rights are under the law if you were injured. After an accident, you may be faced with painful injuries and costly medical bills. You may have to miss work and lose wages. If you have been injured in a ridesharing accident, our injury lawyers at Morefield Speicher Bachman, LC can help you seek legal action and financial compensation. In the time immediately after an accident, follow these steps: Take Photographs then Locate a Safe Place to Park the Car If possible, take photos of the vehicles as they came to a stop immediately after the collision. This will help document how the accident occurred. Then, if possible, have your Uber driver move the vehicle away from traffic to a safe location. To alert moving traffic, they should pull off to the side of the road and turn on their hazard lights. Check on the Safety of Everyone in the Vehicle You should check yourself and others for injuries requiring immediate medical attention when it is safe to do so. You should report any injuries to 911 when you call so they can alert the necessary medical response companies. If anybody appears to have life threatening physical injuries, do not attempt to move them unless absolutely necessary. Call 911 and File a Police Report In the event of an Uber accident, call 911 right away. Remain at the scene until police arrive and insist on filing a police report. Thoroughly answer their questions about the accident and how it happened. Collect Information from Everyone Involved Ask for the name, license number, and insurance information of your Uber driver as well as any other parties involved in the accident. Take pictures of the accident scene, damaged vehicles, and any visible injuries you suffered. Write down the time and location of the car accident and get written or video-recorded statements from witnesses. Go to the Emergency Room or See a Physician  It’s important not to underestimate your injuries following an accident. Often the adrenaline and stress of a collision can mask pain, and sometimes symptoms of injuries don’t appear until hours or days later. You should seek medical evaluation immediately after you are able to leave the scene. Go to the ER if your injuries are severe or follow-up with your physician the next day if you aren’t sure of the extent of your injuries. Follow your doctor’s instructions to prevent further injury and get copies of your medical reports to use in your insurance claim. Consult an Experienced Car Accident Lawyer In order to obtain financial compensation for your damages and injuries, it is crucial to determine who is at fault for your accident. To determine the cause of a car accident, identify the circumstances leading up to the accident, and collect evidence to prove your side of the story, you can trust our experienced accident lawyers at Morefield Speicher Bachman, LC. Our Uber Car Accident Lawyers are Here for You Our Overland Park car accident attorneys are ready to represent you if you have been injured in an Uber accident. It can be confusing to figure out who is responsible for your crash and who will pay your damages. We focus on helping our clients recover what they have lost, and we will fight aggressively to ensure that clients receive the compensation they deserve. Contact our team at Morefield Speicher Bachman, LC at (913) 839 2808 for a free and completely confidential case evaluation.

Read More »

How Long Does A Personal Injury Case Take To Settle?

At the Morefield Speicher Bachman, our personal injury lawyers represent people that have been injured in incidents including: Car accidents Motorcycle accidents Truck accidents Drunk driving accidents Defective products Slip and fall Brain injury Wrongful death Like many legal endeavors, the process of filing and settling a personal injury claim can feel like a continuous “hurry up and wait.” Many people wonder, how long does a personal injury case take to settle? Location Matters In Personal Injury Cases  The length of time a personal injury case takes to settle can depend on the state and location in which it is litigated. For example, getting to the trial phase of a personal injury case usually takes less time in rural Missouri than in large cities such as Kansas City. COVID has also had a significant impact on getting to trial as courts have periodically put trials on hold when the rate of infections is high. So How Long Do Personal Injury Settlements Take? To answer the question, “How long does a personal injury case take”, the short answer is anywhere between a few months and a few years. As a general rule, the more complicated your case, the longer it will take to resolve. That’s because there will be more witnesses, more doctors, more documents, and more complicated legal issues. If your case goes to trial, that usually takes longer than if it settles. How long an injury case takes to resolve is sometimes determined by the financial circumstances of the client. When a client needs immediate financial relief, he or she may want to reach a quick settlement before the litigation would otherwise end.  Unfortunately, the COVID pandemic has delayed many jury trials. When we work with you, we do our best to expedite the process while also ensuring that we maximize your recovery. There are many elements involved in resolving a case that are not in our control. For example, the courts control their trial docket, opposing counsel may cause delays, and there may be delays related to gathering medical records that are the result of the medical provider’s procedures. We do everything we can to make the process move efficiently, but we can’t control many of the factors that can delay your case. Aim For The Best Results, Not The Quickest Our legal team prioritizes getting you the best results. We want to resolve your case as quickly as possible, but we know it’s important to get you the maximum possible settlement to cover the damages of your injuries, lost wages, pain and suffering, and future medical expenses. This can require more time than accepting a quick settlement. As a rule, we’d rather get you a better result.  However, if a quicker result is more important to you than maximum recovery due to your life circumstances, just let us know. We will base our strategy on what is best for you.   Our Personal Injury Lawyers Can Take Your Case To Trial When cases do not settle, we have the experience and skill to take your case to trial. Personal injury trials can last one day, a week, or even a month or longer.  Contact Us Today For A Free Consultation Our Overland Park personal injury lawyers serve Kansas City and surrounding areas and have represented hundreds of clients in matters involving car, truck, and motorcycle accidents, defective products, premise liability, and other claims. Contact us today to schedule a free consultation at (913) 839 2808.

Read More »

Snowmobile and ATV Accidents in the Winter—Personal Injury Lawsuits for Off-Road Vehicle Accidents

In the winter, snowmobiles and ATVs are versatile vehicles that can transport people and supplies through difficult terrain that would otherwise be inaccessible to larger vehicles. Additionally, these vehicles are used by hunters in hunting season and by individuals and families as a winter pastime.  Unfortunately, the powerful engines and icy winter conditions that make off-road vehicles so much fun can also cause devastating accidents and injuries. Although state laws exist that enforce snowmobile and ATV safety, their use remains a potentially dangerous activity. Our personal injury attorneys at Morefield Speicher Bachman can help you obtain compensation for your injuries, pain, suffering, and lost wages if you have been seriously injured in a snowmobile or ATV accident. Injuries Resulting from Snowmobile and ATV Accidents  An accident on an ATV or snowmobile can result in the following injuries even if the driver is wearing a helmet: Broken or dislocated bones Spinal cord injuries Internal organ damage/internal bleeding Traumatic brain injuries Paralysis Severe lacerations or amputations Causes of Snowmobile and ATV Accidents Hunters often use off-road vehicles to reach remote wooded areas or haul back kills. Driving through dense forested areas can increase the likelihood of collision with trees or rocks. When a winter recreation vehicle collides with mounds of ice, rocks, trees, or another snowmobile, it may suddenly turn or jolt, sending passengers into the air.   Inexperienced and untrained drivers may also cause accidents. Prior to operating an ATV or snowmobile, it is recommended that all new drivers take a state-approved safety course.  Drugs or alcohol can affect both decision-making and reaction time. Drivers under the influence of alcohol or drugs put themselves and others at risk. Defects in snowmobiles and ATVs can render them unsafe to drive. Manufacturers are responsible for making sure their vehicles operate properly and safely. Our Kansas and Missouri Personal Injury Lawyers Can Help with your Snowmobile or ATV Accident  Snowmobiles and ATVs are popular vehicles for both leisure and hunting purposes. Unfortunately, accidents are common and can result from negligence or machine safety hazards. If you have been injured in an ATV or snowmobile accident, our Kansas and Missouri attorneys at Morefield Speicher Bachman will guide you through the legal process of recovering compensation for injuries, pain, suffering, and lost wages. Please call (913) 839 2808 or Contact Us to arrange a FREE introductory call with one of our attorneys today.

Read More »
Car Accident

Who Is At Fault In A Weather-Related Car Accident?

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. 

Read More »

What To Do If You Get Into An Accident With A Drunk Driver

Approximately 30 people die in DUI accidents in the U.S. every day, according to the National Highway Traffic Safety Administration (NHTSA). Each year, 10,000 Americans are killed in DUI accidents, resulting in $44 billion in damages. If you are involved in a car accident with a drunk driver, the attorneys at Morefield Speicher Bachman encourage you to do the following: Call The Police And Remain At The Scene It is essential for a DUI accident case to have a police report. Even if no one is seriously injured, law enforcement officers can help document the scene and measure the BAC (Blood Alcohol Content) of the person who hit you. Obtain The Other Driver’s Information It is important to get information from the drunk driver as soon as possible in case they attempt to flee before police arrive. Gather information such as the driver’s license plate, name, address, and insurance information. Collect Evidence And Witness Statements  Take as many pictures as you can of the accident scene, your injuries, and the vehicles involved. Talk to witnesses about what they saw if you are physically able to do so. Witnesses may provide written or video accounts of what happened. It is important to gather information as soon as possible since memories deteriorate with time. This is an area where we can help. When we get involved in a case, we will take necessary witness statements and investigate the accident. We will evaluate whether to retain expert witnesses for accident reconstruction or evaluation of the motor vehicles. Seek Medical Attention Get medical attention as soon as you can leave the scene. Insurance claims require documentation of your injuries. You should still see a doctor for an examination even if you don’t have obvious injuries. Notify Your Insurance Carrier Once you report the accident to your insurance company, you will likely hear from an adjuster from the other driver’s insurance company. The drunk driver’s insurance company may offer you a small settlement, but the drunk driver’s insurance company is unlikely to cover the full extent of your medical bills, lost wages, pain, suffering, and emotional distress unless you have an attorney. Contact Our Overland Park Car Accident Lawyers With decades of experience helping Kansas City and Missouri residents who suffered severe car accident injuries, our Overland Park car accident lawyers are here to help. We have helped numerous victims of drunk drivers and their families. The level of service we provide to each and every client is one of our greatest strengths. 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.

Read More »