Catastrophic Injury Attorney in Overland Park, Kansas
Catastrophic injuries are usually severe and may leave the victim with a permanent impairment or loss of body parts or function. Such injuries include traumatic brain injuries, severe spine injuries, spinal cord injuries, severe burns, and organ damage. According to recent statistics from the National Spinal Cord Injury Statistical Center (NSCISC), there are about 17,900 new spinal cord injury cases in the United States annually.
If you believe that a negligent party's actions were responsible for your catastrophic injury, you may be eligible to recover damages. With more than 21 years of extensive experience, Attorney Mark Grover has the skill, diligence, and resources to protect the best interests of catastrophic injury victims. As a skilled personal injury attorney, he can recognize the rightful compensation that can cover your medical expenses, lost income, future medical treatment, and any additional pain, discomfort, and suffering you've had to go through.
Grover Law Firm, LLC proudly serves clients across Overland Park, Kansas, and throughout Kansas and Missouri, including Independence, Shawnee, Liberty, Olathe, and Kansas City.
What are Catastrophic Injuries?
A catastrophic injury is a serious injury or damage to a person's brain, spine, spinal cord, internal organs, or other body parts, which usually causes permanent impairment, long-term disability, or a complete inability to function. While some catastrophic injuries may require multiple surgeries or a lengthy recovery period, victims often suffer devastating, long-term consequences.
Examples of Catastrophic Injuries
Below are some common examples of catastrophic injuries:
Head and traumatic brain injuries
Multiple bone fractures
Internal organ damage
Spine or spinal cord injuries
Neck and back injuries
Hip injuries/fractured pelvises
Severe burn injuries
Loss of sight, hearing, or other senses.
Permanent injuries to the central nervous system
An experienced catastrophic injury attorney can evaluate the extent of the injuries and determine how to proceed with personal injury claims.
Personal Injury Claims in Kansas
Kansas is a "no-fault" auto insurance state. No-fault means that your insurance policy – referred to as Personal Injury Protection (PIP) coverage – will pay your medical expenses and some other losses if you're injured in an accident, regardless of the at-fault party.
However, accident victims may be allowed to step outside the no-fault car insurance system and file a lawsuit against the at-fault party if their claims meet the following threshold:
You exceeded your PIP coverage for your medical expenses.
You suffered a "serious injury."
Under Kansas law, a serious injury is an injury that causes any of the following:
Fracture of weight-bearing bone
Compressed, compound, or displaced fracture of any bone
Permanent loss of body function.
Modified Comparative Fault
Additionally, Kansas operates using the "modified comparative fault" rule, with a 50% bar. According to the system, an injury victim may recover damages if they are partially (less than 50%) at fault for their injuries. However, the amount of compensation that may be recovered will be reduced by the victim's percentage of fault. Under Kansas's modified comparative fault rule, you will be barred from seeking damage if you are equally or mostly (50% or more) liable for your catastrophic injury.
Statute of Limitations
In Kansas, the statute of limitations for catastrophic injury is two years from the date of the negligent act that causes the significant injury. This means that the injured party must bring an action to recover damages within two years of the date of the accident or injury (Kansas Statutes Section 60-513).
Personal Injury Claims in Missouri
Missouri is an "at-fault" auto insurance state. According to Missouri's at-fault laws, the party who caused your catastrophic injury (the at-fault party) will hold financial liability for injuries, damages, and other losses suffered. To recover damages, you can proceed by:
Filing a claim with your insurance provider
Filing a third-party claim against the insurance carrier of the at-fault party
Filing a personal injury lawsuit against the at-fault party in civil court
Pure Comparative Fault in Missouri
Furthermore, Missouri follows the "pure comparative fault" principle. According to the rule, your involvement in an accident doesn't prevent you from seeking compensation for your injuries. However, the number of damages you may recover will be reduced by your fault degree. Under Missouri's pure comparative fault rule, you may still be allowed to recover damages even if they were up to 99% at fault for your catastrophic injuries.
Statute of Limitations
Under Missouri Revised Statutes Section 516.120(4), an action seeking a remedy for an injury to the person or rights of another must be brought within five years of the date of the accident or injury occurred. Hence, you must file an action to recover damages for your catastrophic injury within five years of the date of the injury.
Wrongful Death Suits
Wrongful death can be described as a preventable death which occurred due to the negligent, wrongful, careless, or intentional acts of another person.
Wrongful Death Claim in Kansas
Under Kansas law, wrongful death occurs when "the death of a person is caused by the wrongful act or omission of another."
Who Can File?
In Kansas, the decedent's "heirs at law" who have suffered a loss from the death may bring a wrongful death action. These include the surviving spouse, children, parents, grandparents, and siblings. A wrongful death action must be brought within two years from the date of the decedent's death.
Wrongful Death Claim in Missouri
Under Missouri law, wrongful death is a death that occurred due to "any act, conduct, occurrence, transaction, or circumstance" of another person.
Who Can File?
Under Missouri law, the following persons may be eligible to file a wrongful death claim:
First in line, the decedent's surviving spouse, parents, children, or children's descendants.
Next, the decedent's surviving siblings or their descendants.
Next, a "plaintiff ad litem" that is appointed by the Missouri court to handle the claim.
A civil remedy seeking damages for wrongful death must be brought within three years from the date of the victim's death.
Catastrophic Injury Attorney Serving Overland Park, Kansas
If you believe that another person's negligent actions led to your catastrophic injury, you may seek fair compensation. Contact Grover Law Firm, LLC today for a simple consultation. Attorney Mark Grover has the personalized legal guidance, support, and vigorous representation you need to navigate key decisions in your injury claims. The firm proudly serves clients across Overland Park, Kansas, and throughout Kansas and Missouri, including Independence, Shawnee, Liberty, Olathe, and Kansas City.