An Attorney Answers Your Questions About Missouri Personal Injuries
Personal injury claims can seem overwhelming, especially when you are faced with complex legal jargon and aggressive insurance adjusters. Understanding your rights is the first step toward recovery.
At Eslinger Law Firm, we want to help the people of Missouri and Kansas learn more about personal injury law and how it affects them. We hope that this FAQ guide provides some important clarity on the personal injury question that you have.
What Are Damages?
In legal terms, damages are the monetary compensation awarded to an injured party. There are two broad categories of damages:
- Economic damages: Losses that you can calculate. These include medical bills, lost wages and medications.
- Noneconomic damages: Intangible losses. Examples include disfigurement, pain and suffering, and loss of enjoyment of life.
Courts in Missouri and Kansas also sometimes award punitive damages. Although they are rare, punitive damages are intended to punish the negligent party and can discourage similar misbehavior in the future.
What’s The Process Of Filing A Personal Injury Claim In Kansas Or Missouri?
Most personal injury claims follow a fairly similar set of steps, in spite of their individual, unique details. This is a broad overview that applies to injured parties in both Missouri and Kansas:
- Consult a personal injury attorney.
- Gather evidence by compiling accident reports, medical records, hospital bills and other documents.
- Send a demand package to the insurance company.
- Negotiations occur between your lawyer and the insurer.
- If negotiations fail to produce a fair settlement, your lawyer files a lawsuit.
- Each side engages in discovery to gather more evidence.
Most cases settle during this phase. If not, the case proceeds to a bench or jury trial.
Can I Recover Compensation If I Was Partially At Fault For My Accident?
Yes. Missouri follows a pure comparative fault system. This means you can recover compensation even if you were 99% responsible for the incident. However, your final financial recovery decreases by your assigned percentage of fault. For example, if your damages are $100,000 but you were 20% at fault, you would receive $80,000.
Kansas uses a modified comparative negligence rule. That means you may recover compensation only if you were less than 50% at fault for the accident.
What Is The Difference Between A Settlement And A Verdict?
A settlement is a voluntary, private agreement between you and the defendant’s insurance company. It offers guaranteed payment and a faster resolution. A verdict, also called an award, is a formal decision from a judge or jury after a court trial. While a verdict can potentially result in higher compensation, it also carries the risk of receiving nothing if the court rules in favor of the defendant.
Are Personal Injury Settlements Taxable?
Generally, the IRS does not tax personal injury settlements or verdicts. This exclusion typically covers payments for:
- Medical bills
- Pain and suffering
- Emotional distress
However, there are exceptions. Punitive damages are almost always taxable. You may owe taxes on interest earned on compensation for lost wages in a nonphysical injury case.
How Does Social Media Affect A Personal Injury Claim?
Posting certain content to social media can jeopardize your claim. Insurance adjusters monitor your profiles for evidence that contradicts your claim. They can use a photo of you smiling at a dinner or participating in a light activity to argue that you are exaggerating your injuries. Set your accounts to private and refrain from posting until you fully resolve your case.
Contact Our Dedicated Personal Injury Attorney For More Answers
Do you have more things to ask about injuries, compensations and legal claims? We can help you. Our experienced personal injury attorney is ready to discuss your situation and inform you of your rights. Contact us today for a free, no-obligation consultation. Please call 816-463-4833 or send us an email to begin.