All Personal Injury Articles Articles

Kansas Damage Caps

Damage caps are limitations on the amount a plaintiff (the injured party) can recover in a lawsuit. Such limitations are fixed dollar amounts that represent the absolute maximum a plaintiff can recover for one incident, even if a jury decides that their losses are worth more than the maximum amount allowed. The following damages are subject to damage caps in the state of Kansas: Non-economic...
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Missouri Damage Caps

Big corporations have spent decades marketing the myth of the “frivolous lawsuit.” According to them, the only way to protect helpless corporations from the people they hurt is to limit (“cap”) how much money (“damages”) those injured people can receive at trial.   In Missouri, whether damages can be capped depends on two main factors–the type of damage, and the defendant.  Economic damages, also known as...
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Kansas Statute of Limitations for Personal Injury Claims

The statute of limitations for filing a personal injury claim in Kansas is 2 years (see Kansas Statutes section 60-513), meaning residents have 2 years from the date of an accident to file a lawsuit. Those who miss the deadline are likely to have their claim denied or case dismissed by the court. A statute of limitations exists for both civil and criminal causes of...
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Personal Injury Case Timeline – Steps & Lawsuit Process

If you’ve never been a party to a lawsuit before, your understanding of the legal process might be limited to the exciting courtroom scenes you see in movies and television shows. For that reason, accident victims might assume that all cases go to trial, and they may be confused about how to pursue a personal injury claim or about how the process works. The truth...
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Missouri Statute of Limitations For Personal Injury

In Missouri, the statute of limitations for filing a personal injury claim is 5 years (Missouri Code section 516.120). This means that claims must be filed within 5 years of discovering the injury. Individuals who do not file a claim within the 5 year time limit are unlikely to be eligible for a settlement or have their case tried in court. A statute of limitation...
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How Do Lawyers Negotiate Settlements?

One of the most important aspects of a personal injury attorney’s job is settlement negotiation. Because experienced attorneys have negotiated hundreds if not thousands of cases, they have a better idea of what a case settlement value should be. While negotiating cases, attorneys take a lot of information into consideration and often negotiate with insurance companies. Lawyers negotiate elements of a case including liability, total...
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How Long Does A Lawsuit Take To Settle?

Personal injury claims are often settled within 1 year starting from the date that the claim is filed. In cases that involve serious injuries or are not settled and instead go to trial, it often takes 2-5 years to receive compensation, but ultimately it will depend on the complexity of the injuries and associated claims. Auto accident cases with clear fault and non-complicated injuries often...
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What Is the Average Personal Injury Settlement Amount?

The average personal injury settlement amount is approximately $62,600, which was derived from retrieving settlement amounts in personal injury cases that were settled in the last 5 years (between 2016 and 2021). The biggest determining factor used when determining the average personal injury settlement amounts is the severity of injuries as shown in the chart above and details below: Tier 1 injuries: Severe injuries including...
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