Motorcycle riders are unique individuals. A motorcycle accident can present unique challenges to an attorney. Often, because of the nature and the inherent danger of riding a motorcycle catastrophic physical injury can result from an accident. If you or a family member were involved in a motorcycle accident you need to seek the advice of an experienced personal injury attorney immediately. Many times motorcycle riders are not at fault when involved in an accident. Even the safest of riders can be the victim of a negligent motorist in a car or truck.
You only have a short time to assert a claim for injuries after the accident. If you don not timely assert your rights your claim can be barred forever. The attorneys at Copley Roth and Wilson LLC have the knowledge and resources necessary to fight the big insurance companies and get you compensated for your injuries. Call our office today to set up a free consultation.
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Personal injury claims and lawsuits include truck accidents, car accidents, and motorcycle accidents. The laws in each state, and in each situation, vary; however, all personal injury claims and lawsuits have similar elements which the claimant or plaintiff must show before they can recover. Only an experienced Kansas City personal injury attorney can assist you on determining whether you have a valid claim or lawsuit. If you have been injured or damaged as a result of someone else's negligence or carelessness, call the attorneys at Copley Roth & Wilson, LLC.
In all personal injury cases, the plaintiff must prove liability. Liability depends on a number of factors. Generally speaking, proving liability in a personal injury case turns on discovering facts necessary to establish negligence on the offending party.
In Kansas, negligence is defined as the lack of ordinary care. It is the failure of a person to do something that an ordinary person would do, or the act of a person in doing something than an ordinary person would not do, measured by all the circumstances then existing. [Pattern Instruction in Kansas 103.01]
In Missouri, negligence as applied to the driver of a motor vehicle means the failure to use that degree of care that a very careful person would use under the same or similar circumstances. The term negligent or negligence as applied to a passenger in a motor vehicle or pedestrian means the failure to use that degree of care that any ordinarily careful person would use under the same or similar circumstances. [Missouri Approved Instruction 11.08 -Negligence - Different Standards of Care]
Our experienced Kansas City personal injury attorneys can evaluate your particular situation to determine if someone else's negligence caused your injuries and damages for which you should be compensated. If you have been injured as a result of a truck accident, care accident, slip/trip and fall, product liability, and medical malpractice, call the personal injury attorneys at Copley Roth & Wilson LLC for a free case evaluation. One of our attorneys will schedule a personal appointment to meet with you and discuss your specific matter and answer any questions you may have.
Simply put, the law allows a person to recover for the harms and losses caused by someone else's negligence. Whether it is an individual, a trucking company, a product manufacturer, a landowner, or a medical care provider, if they are negligent and caused you harm, you are entitled to full and fair compensation.
Kansas Personal Injury Damages:
In Kansas, a person is allowed the following damages in a personal injury action:
MEDICAL EXPENSES The reasonable expenses of necessary medical care, hospitalization, and treatment received by reason of plaintiff's injuries. This includes medical expenses in the past, and those which a person is reasonably expected to incur in the future.
ECONOMIC LOSS: The loss of time or income and losses other than medical expenses incurred by reason of plaintiff's injury. Again, this includes past economic loss and that which a person is reasonable expected to incur in the future.
NONECONOMIC LOSS:This includes pain, suffering, disability, disfigurement and any accompanying mental anguish suffered by reason of plaintiff's injuries. [Pattern Instruction in Kansas 171.02]
Missouri Personal Injury Damages:
In Missouri, the categories of damages for which a person can be compensated in a personal injury action are practically the same as those identified above in Kansas' Jury Instructions. The Missouri Jury Instruction regarding damages reads: If you find in favor of plaintiff, then you must award plaintiff such sum as you believe will fairly and justly compensate plaintiff for any damages you believe plaintiff sustained and is reasonably certain to sustain in the future as a direct result of the occurrence mentioned in the evidence. [Missouri Approved Instruction 4.01]