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Kansas City Auto Accidents

Kansas City/Johnson County Car Accident Lawyer/Attorney/Law Firm

We recommend hiring a Kansas City auto accident attorney for every Kansas City or Johnson County auto accident.  Make sure you obtain legal representation before you speak to any insurance companies or at fault parties:

If you have been injured in an auto accident in the Kansas City metro area, we highly recommend retaining a Kansas City and Johnson County personal injury lawyer as soon as possible to protect your rights and insure that you are compensated for all of the damages you have suffered.  At The Law Offices of Jeremiah Johnson, LLC, we recognize the tremendous effect that an auto accident in Kansas City, Johnson County, or elsewhere can have on the lives of those involved as well as those around them.  We understand the serious injuries (and accompanying medical bills) that often result, as well as the effects that these injuries can have on the friends and families of those involved, the effects a car crash can have on your career, and the disabilities that often result from a Kansas City area car accident.  This is why we strive to offer the best legal representation for all of our personal injury & wrongful death clients.

The attorneys and staff in our law office also understand how the automobile insurance business works and how they attempt to limit their liability as soon as they learn one of their insured has been in a car wreck.  The insurance companies have hundreds of attorneys and staff working for them whose job it is to limit the amount they must pay for each Kansas City/Johnson County auto accident claim. To do this, insurance companies often quickly contact those involved and/or injured in an attempt to settle the case before the true amount of damages is known.  They will often try to get those involved, including the injured, to make statements before they can collect their thoughts and before all the facts and details are known.  The attorneys in this law office recommend making NO statements regarding your auto accident until you've had a chance to talk to a personal injury attorney experienced in handling Kansas City auto accident cases.  Call us at 913-764-5010 to speak to a Kansas City & Johnson County personal injury lawyer about your case.  We can then arrange a no-cost meeting to speak about your case in depth.

How our law office handles Kansas City & Johnson County auto accident cases:

The staff and attorneys at the Law Offices of Jeremiah Johnson, LLC handle Kansas City and Johnson County auto accident cases differently than many area attorneys.  First, we believe in a utilizing a client friendly approach.  You have probably heard people say "I sure wish I could get my attorney to call me back."  We do not "screen" client calls - if you call for an attorney you will be directed to our desk if we are here.  If we are not available, we return most phone calls within a few hours, with almost every call being returned within 24 hours.  We also strive to keep our clients in the loop, by providing status updates and sending them copies of important documents.

have handled numerous car accident cases throughout the Kansas City metro area and elsewhere in Kansas and Missouri.  Whether your auto accident took place on I-35, 435, 71, I-70, 69, K-10, K-7, I-29, or one of the side streets in Johnson County or Kansas City, this office is committed to providing high-quality, effective legal services with a focus on attentive client services.  We strive to maximize the recovery for all of our clients injured and affected by auto wrecks in the Kansas City area.

If you have been involved in a Kansas City area auto accident, you want an auto accident attorney who will look out for your best interests and pursue your rightful compensation for medical bills, injuries, pain and suffering, and other damages. You want to know that your attorney will move quickly to spare you needless anxiety and to achieve a financial payout as soon as possible. And you want to know that your lawyer will communicate with you throughout the legal process, so that you do not need to worry about how your case is progressing. 

We take all Kansas City/Johnson County personal injury cases with the assumption that they will end up in trial.  While this attitude may sound normal, it contrasts that of many personal injuries attorneys in the Kansas City/Johnson County area who never or almost never take their cases to trial.  Insurance companies and defense attorneys are less likely to offer reasonable settlement figures if the attorney working the case is not willing or afraid to take the case to a jury.  This is simple - you want an attorney who will properly prepare your Kansas City auto accident case for a jury trial from the beginning.  Not only will this enhance your chances at trial, but it may also force higher settlement offers from the defendants in your case.

This does not mean that we take every case to trial - in fact, the statistics show that the vast number of Kansas City and Johnson County personal injury cases will end in settlement.  What it does mean though, is that our attitude in preparing the case will help you get the maximum recovery through settlement or trial as the defendants and their attorneys will realize that we intend to take the case to a jury.

We work with accident reconstructionists, clients' own medical providers, investigators and other experts to build the strongest possible case. We have handled neck, back, leg, arm and head injury cases, and can fight insurance companies' attempts to deny, discourage and delay claims. We are firm in settlement negotiations and skilled in trial. 

Legal Fees:  

Most personal injury cases are taken on a contingency basis, meaning that we do collect an hourly fee, rather we take our fee as a percentage of the amount collected for our clients, after litigation expenses (such as expert fees or court reporter costs) are deducted.  The advantage to clients is clear - you do not have to worry about paying an hourly fee for us to represent you and you may not have to come up with money for expenses which will total tens or even hundreds of thousands of dollars.  

For instance, if your total recovery was $100,000 after litigation expenses, and our percentage was 25%, then you would be entitled to $75,000 and our fee would be $25,000.  While this office does not have a standard percentage, we typically structure our contingency fee agreements on a tiered basis with a relatively low percentage early in the litigation, with the fee percentage going up as litigation progresses.  I personally feel that this is an advantageous arrangement for our clients because this office's fees will vary based on the time elapsed and work put into the case - in other words, our agreements call for a relatively low fee percentage until we have put a significant amount of time and effort into the case.

Attorney Jeremiah Johnson has obtained five- and six-figure settlements and jury awards for car crash clients in Jackson County, Johnson County, and Wyandaotte County, and frequently achieves the full policy limit award for car accident victims. We have colleagues in the insurance industry, which gives us an insider's perspective on the insurance companies' tactics in limiting payouts.

Before you attempt to settle a claim on your own, call us for a free initial consultation. Insurance companies will belittle your case, and may tell you it is not worth much. Frequently, they will try to settle for medical payments only. We can help increase your final financial recovery.

Contact Us

If you have personal injury questions regarding a car crash and what your rights are, contact us. We offer free initial consultations and are available for evening and weekend appointments. To contact us, call 1-866-656-1268.  You may also email us at:  info@kcatty.com.

Have you or a loved one been injured in a car or truck crash in Missouri or Kansas? Call Jeremiah L. Johnson, LLC for a free initial consultation at 1-866-656-1268.  

Information on Missouri Statues of Limitations

General Liability

The following overview is provided as an accessible reference guide for time limitations that may or may not apply to your case. The legal start date of a statute of limitations is dependent on a variety of factors (including but not always limited to: the date the alleged action occurred or the date the alleged action was discovered).

Call The Law Office of Jeremiah Johnson at (913) 764-5010 to speak to an attorney about the specifics of your case.

Statutes of Limitations

Statues of limitations begin to run when the damage is sustained and capable of ascertainment. This is generally defined as when the damage can be discovered or made known, not when the plaintiff actually discovers the injury or wrongful conduct. Essentially, this means that the date when a Missouri statue of limitations begins relies on when the client first realizes that some harm has been done to them and could have first maintained an action to a successful suit.

However, a plaintiff simply not knowing that they have a case, or that they can bring a lawsuit does not keep the statute of limitations from starting. Ultimately, whether the damages were sustained and capable of ascertainment at a given time is an objective standard legally to be determined by a judge. RSMo §516.100. Our office can help determine when your statute of limitations begins. Call our law office at (913) 764-5010 to speak to an attorney about the specifics of your case.

Below are the legal statute of limitations limits:

Negligence. Actions for personal injuries arising from another's negligence. Five years. RSMo § 516.120.

Intentional Torts. Actions for libel, slander, assault, battery, false imprisonment, criminal conversation, and malicious prosecution. Two years. RSMo § 516.140

Products Liability. Actions for personal injuries arising from a product. Five years. RSMo § 516.120.

Medical Malpractice. Actions against healthcare providers for medical malpractice. Two years.Generally calculated by the date of occurrence but in some cases is determined by the date of discovery. RSMo § 516.105.

Wrongful Death. Action for wrongful death, even if based on a claim of medical malpractice. Three years. RSMo § 537.100.

Contracts. Generally, all actions upon contracts, including oral contracts. Five years. However, actions arising out of any writing for payment or money or property (generally insurance contracts) may be subject to ten years statute of limitation. RSMo § 516.120, 516.110.

Property Damage. Actions for damages to personal property. Five years. RSMo § 516.120, 516.100

Contribution Among Joint Tort-Feasors. A joint tort-feasor may bring a contribution action at any time while the original action is pending, whether or not the statute of limitations has expired on th original claim. However, there are some limits on how long such an action has to be finalized.

Minors. Actions involving a minor as a plaintiff. Statute of limitations time period does not start running until the minor turns 21. RSMo § 516.170.

There are also Missouri time limits for procedures. Below are some of the civil procedure rules time limits:

Time to File an Answer. An answer must be filed by the defendant within thirty days after the service of the summons and petition, except where service is made by mail, in which the defendant must file it within thirty days after the acknowledgement of receipt of the summons and petition or the return registered or certified mail receipt is filed in the case, or within forty-five days after the first publication of notice if neither personal nor service by mail is had. Rule 55.25(a).

Time to File Discovery Responses. Different rules apply for different procedures, as outlined in the following: Interrogatories. The party upon whom the interrogatories have been served shall serve a copy of the answers and objections upon the interrogating party within thirty days after service of the interrogatories, except that a defendant may serve answers or objections within forty-five days after the service of the summons and a petition on that defendant. Rule 57.01(a). Request for Production of Documents. The party upon whom the request is served shall serve a written response within thirty days after service of the request, except that a defendant may serve a response within forty-five days after service of the summons and petition upon that defendant. Rule 58.01(a). Request for Admissions. The matter is deemed admitted unless, within thirty days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission, a written answer or objection addressed to the matter. A defendant shall not be required to respond before the expiration of sixty days after service of the summons and petition upon such defendant or that defendants entry of appearance. Rule 59.01(a).

Voluntary Dismissal. Plaintiffs have the right to voluntary dismiss a case one time and the defendant can only prevent the court's granting of this dismissal without prejudice by a showing of undue advantage to the plaintiff of the undue loss of a valuable defensive right. After voluntary dismissal, the plaintiff has one year within which to refile a case.

Time Within Which to Appeal. A notice of appeal must be filed with the trial clerk no later than ten days after the judgment or the order appealed becomes final. Rule 81.04(a). A judgment becomes final thirty days after entry, if no timely post-trial motion is filed OR ninety days after the filing of a timely post-trial motion or at the time the post-trial motion is disposed of, whichever date is earlier. Rule 81.05(a).

Time in Which to Effectuate Service. Missouri no longer requires due diligence in serving a party. An action is commenced when filed, regardless of whether service is obtained. Rule 51.03.

 

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