Answers to your questions for personal injury attorneys

If you suffered a severe injury, you probably have many questions about medical bills, insurance, and financial compensation. If you believe that someone else’s carelessness is responsible for your suffering, you may be entitled to compensation through a personal injury claim or lawsuit. With more than 30 years of experience as personal injury attorneys, Kuhlman & Lucas, LLC is confident in its ability to provide you with the effective and aggressive legal representation that you need.

Below, you will find some common questions about personal injury representation and answers from successful personal injury attorneys. If you have additional questions, feel free to call our office and ask about our free consultations today.

What is a personal injury?

Personal injury is a legal term that refers to an injury caused by another person or party’s negligence or irresponsibility. When a personal injury occurs, individuals can fight for compensation to cover medical, financial, and noneconomic damages. Personal injury lawsuits and proceedings are held in civil court.A question that often comes up in a personal injury case is, “Would a reasonably prudent person have acted in the same manner if put in the same/similar circumstances?” When someone owes you a duty of care, and instead causes you harm, you can hold that person or entity (such as a company) responsible for your injury.

What is the first thing I should do after I suffer an injury?

First, seek medical treatment. You should save all medical paperwork as proof of damages. After you have been treated, it is imperative you protect your rights by securing legal assistance immediately. You only have a certain amount of time to file a personal injury lawsuit in Missouri. The longer you wait, the more likely critical evidence could be lost.A seasoned personal injury attorney can explain to you all of your options and assist you in filling out the paperwork. Whether your case is settled out of court or taken to court for trial, you need legal representation to help you fight for the maximum compensation possible and to hold the liable party responsible.

Do I have grounds to file a personal injury claim?

If you have been injured or have lost a loved one in an accident that was caused by another person or party, you most likely have grounds to file a personal injury or wrongful death claim. Assuming that the accident was not your fault, you should not be forced to shoulder the economic burden that follows in the wake of a serious injury or the death of a family member.

How do you prove negligence?

The standard for proving negligence in a personal injury claim is whether the accident was caused by some type of careless or reckless behavior. If the other party did something—or failed to do something—that caused your injury, then you can sue for negligence. Simply put, negligence occurs in an accident that could, and reasonably should, have been prevented.

How much is my case worth?

The value of your accident claim depends on several factors. First, you can demand to be compensated for all of your medical expenses, including emergency treatment and hospitalization, surgery, rehabilitative care, physical therapy, medication, and medical equipment, as well as anything else that you need to achieve the maximum possible recovery to your pre-accident condition.Next, your claim can include the value of  wages that you have lost or missed as a result of your injury, as well as the amount of income that you will lose due to a reduction in your future earning power. Finally, you can claim noneconomic damages for your pain, suffering, mental anguish, inconvenience, physical impairment, disfigurement, and loss of capacity to enjoy life.

Will my case go to trial?

Not every personal injury case ends up in the courtroom. Whenever possible, we negotiate a fair settlement out of court. If the insurance company refuses pay you the amount you deserve, however, we will not hesitate to take your case to a jury trial in pursuit of the full compensation you are due. At Kuhlman & Lucas, LLC, we are prepared to handle tough personal injury cases inside and outside of the courtroom.

Do I need an attorney if my insurance company already offered compensation?

Yes! Insurance companies do not want to pay you a dime more than they have to. Often insurance companies will offer you a lower amount than you deserve. It can be tempting to accept this compensation simply because most individuals are not aware of how much compensation their case warrants. Hiring an experienced personal injury attorney will ensure that your rights are protected and that you are fighting for 100% of the amount owed to you.

Can’t I just handle the claim on my own?

You are fully entitled to attempt to settle your case on your own, and indeed many people choose this course of action. If you are serious about maximizing the value of your claim for damages, however, you should hire a Kuhlman & Lucas, LLC personal injury lawyer to represent you. An experienced attorney from our firm can provide invaluable assistance by investigating your accident, gathering evidence to prove that the other party was at fault, and establishing the full scope of the accident’s impact on your life.Furthermore, your lawyer will act as your dedicated legal advocate, fighting for you in negotiations and in the courtroom to achieve a fair outcome to your case. People who choose to hire legal representation routinely recover significantly more in financial compensation than people who represent their cases themselves.

How long do I have to file?

According to the statute of limitations for civil actions in Missouri, Kansas, and Illinois, you have two years to file a claim/lawsuit. The two-year statute of limitations begins on either:

  • The date that the injury was incurred
  • The date that the injury or illness was discovered

The same principle applies in wrongful death claims – the two years begins on the date of the wrongful death. Sometimes, this is the same date of the wrongful injury as they can be one in the same incident.

There are some exceptions to the two-year rule, such as the type of claim and the age of the plaintiff. The Revised Satutes of each state explains these rules and provisions in further detail.

Can a lawyer get help me recover a larger payment?

Statistically, plaintiffs get three and a half times larger payments when they are represented by an attorney versus self-represented. Personal injury attorneys handle claims and lawsuits for a living—they know what it takes to get their clients maximum financial compensation.While this statistic is no guarantee of success, it does seem to indicate a trend. Not only can an attorney get you more money, but having a skilled legal advocate on your side can give you peace of mind. Having confidence in your attorney can make a huge difference in the legal process.

If I’m unsatisfied with my lawyer, can I get a second opinion?

Even if you have already retained a lawyer to handle your personal injury claim, you can always get a second opinion from another attorney. This actually happens quite often. Usually, a client’s uncertainty stems from the sum of monetary award and their belief that they may be due much more financial compensation.An experienced attorney will know what to look for and how to present the evidence to maximize a client’s compensation, not simply settle so they can move onto the next case. At Kuhlman & Lucas, we don’t run a legal mill. We are passionate about our clients, not what we can put in our own pockets.

If you are unsatisfied or uncertain about your current lawyer, contact the personal injury attorneys at Kuhlman & Lucas for a free case evaluation today.

Over $75 Million Dollars in Verdicts and Settlements for Our Clients

Automotive Product Liability

Cars and their components must be designed and manufactured to be reasonably safe. Despite the progress made in auto safety over the years, defects still occur frequently and the manufacturers must be held responsible for the severe consequences of those defects. At Kuhlman & Lucas, LLC, we have extensive experience in handling various auto defect cases, including seat belt defects, airbag defects, tire defects, vehicle fires and more.

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Personal Injury / Wrongful Death

If you or a loved one has been severely injured or killed as a result of the negligence of another party or a defective product, you have the right to be justly and fairly compensated for your damages, including pain, suffering and/or emotional distress. The financial burdens of a traumatic personal injury or wrongful death can be heavy, with costly medical expenses, lost wages, loss of earning capacity or funeral costs that may put you on the brink of bankruptcy. Trust the experienced personal injury attorneys at Kuhlman & Lucas, LLC to fight for the justice you deserve.

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Drugs and Medical Devices

Prescription drug and device manufacturers are supposed to spend the appropriate amount of time and money determining the safety and effects of what they produce for the market. However, the multi-billion dollar pharmaceutical industry has extensive resources and a strong incentive to protect its bottom line, and is sometimes willing to put the public at risk. The Kuhlman & Lucas, LLC team has the experience and resources necessary to investigate and prove a client\'s claims.

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Commercial and Corporate Litigation

The Kuhlman & Lucas, LLC team has extensive experience in pursuing large corporations whose negligence has led to preventable, severe injuries and even deaths. These commercial and corporate cases have been litigated in state and federal courts across the United States and the firm has represented people who have been severely injured themselves or have lost a loved one due to the wrongful actions of others. Kuhlman & Lucas has taken on many multi-national corporations aggressively and without fear of failure, and is prepared to handle any case.

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