Injured Persons
Whether it is a car wreck, a poorly kept property, or something else out of your control, a personal injury can be painful and frustrating. If you are not getting better or your medical bills are piling up, this frustration worsens. You need a game plan for recovery, and we can help you with this.
Statute of Limitations & Timeline
The statute of limitations is a legal doctrine that bars recovery if you take too long to either settle or file a lawsuit. The statute varies by state and by cause of action, but for most personal injury-related matters is generally 5 years from the date of injury in Missouri, and 2 years from the date of injury in Kansas. If your time is running out, you may be forced into litigation too early. And if time has already run out, there is often nothing at all that can be done to help you.
In addition to remembering the statute of limitations, you should recognize the timeline for resolving personal injury claims is often slower than most areas of the law. We can draft an estate plan for you after a mere meeting or two, but you may talk to us several times and endure multiple hearings and depositions before your personal injury case is resolved. Cases sometimes resolve very quickly, but also understand it is possible to go a month or two without any significant development at all. In other words, this is a marathon so be patient!
Preparation for Your Case
Depending on when and how your case resolves, there are several phases you may experience in your personal injury case, all of which we will guide you through. Due to their significance, the ones we focus most on are discovery and depositions. Discovery is a process where information is gathered about the incident and about you. Certain information is required, but it is also possible to provide too much information and potentially hurt your case. We help you navigate the terrain of the discovery process.
Depositions are "the process of giving sworn evidence," and are treated as if they were testimony in court. Both our firm and the opposing attorney ask questions about you and the incident during a deposition. Although depositions occur in a casual office environment, treat them seriously since they may be used at trial. As with discovery, it is possible to provide too much information. We prepare you for this ahead of time so you are not surprised by the process. We will be there with you and may even instruct you to not answer something!
Keep Treating (if relevant)
We do NOT give medical advice. If you are still treating for an injury, follow the advice of your medical providers. As far as we are concerned, you are not finished treating until they say you are. Treatment usually continues until you are either fully recuperated or have otherwise reached "maximum medical improvement" (MMI), which is what occurs when physicians determine your injured condition cannot be improved any more than it already is.
A satisfactory recovery in an injury case is often more tenable after either full recuperation or MMI. Once this happens, all parties have a more complete picture of the full impact the injury had on you and may continue to have on you going forward. Settling your case or going to trial before this is known leaves lots of guesswork and could potentially leave you with less than you need.
Keep Living (always relevant)
Living with an injury affecting your life while waiting for a recovery can be anxiety inducing. You want nothing more than to get what you are owed and get your life "back on track" as it were. We fully understand this, and promise to work towards that goal with you! Even so, it is important that you continue to live your life best as you are able to and not let the process consume you. We find clients who can refrain from becoming obsessed tend to perform better in their cases and are also happier. As said earlier, this process is a marathon and you will get there.