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Kansas City, Missouri – How a Personal Injury Attorney Will Handle Your Case

To the average citizen, the American legal system can appear more complicated and intimidating than it really is. Although the intricacies of tort law can be difficult to navigate, the legal process is actually fairly straightforward. Simply put, a civil trial consists of the presentation of facts surrounding a given dispute to an impartial jury that will arrive at a final decision. In many cases, your claim can be settled out of court through pre-trial negotiation. In certain business disputes, our firm can act as the impartial third party in an out-of-court proceeding. Our Kansas City, Missouri firm can provide you with a personal injury attorney, business lawyer, mediator, or arbitrator who will represent your claim with integrity and skill.

Here we provide an outline of the basic steps we take when preparing a personal injury claim. An attorney and legal assistant will support you during every step of the process.

Evaluating the Facts
Accepting the Case
Negotiating with Insurance Companies
Filing a Complaint
Negotiating a Settlement
Preparing for Trial
During the Trial

Evaluating the Facts

First, a personal injury attorney will schedule a consultation with you, the client, to obtain an overview of the circumstances surrounding your case. After reviewing the details of the case and any available evidence, we can estimate the value of your claim.

Accepting the Case

Based on all of the facts and evidence that you make available to your prospective personal injury attorney, we decide whether or not to take your case. If we do not decide to handle your claim, you may want to consult another Kansas City-area personal injury attorney for a second opinion. Our decision to decline your case does not necessarily mean you do not have a legitimate claim.

Once we have accepted your case, we will then work to compile medical records, insurance information, accident evidence (including photographs), and any other information that will help us determine the full extent of your injuries and losses.

Negotiating with Insurance Companies

The first step we will take is to negotiate with both your and the other party’s insurance companies. When we contact your insurance company, we will attempt to obtain for you the maximum benefits for which you are eligible under your current policy. We will attempt similar negotiations with the other party’s insurance company in order to ensure that you are adequately compensated.

When either insurance company refuses to pay our client a reasonable settlement, it is necessary to file a complaint against the defendant.

Filing a Complaint

The first step in the claims process is to file a complaint that explains what happened to you and the injuries and financial losses you have sustained. A complaint is a legal document that must be carefully prepared at our Kansas City, Missouri office by a personal injury attorney. It serves as both an official complaint against the defendant and a means of notifying the court of your claim. Once the defendant has received a copy of the claim, he or she has a specified period of time in which to respond with an answer. Generally, the defendant will deny the complaint, claiming that the victim’s version of events is inaccurate, that the damages occurred due to his or her own fault, etc. Occasionally, the defendant will even file a counter-claim that seeks damages from the victim.

Negotiating a Settlement

The majority of civil claims are settled out of court. Your personal injury attorney will do his or her best to reach a favorable settlement without going to court. During the process, your attorney will ask for your approval before offering or accepting any settlement. Ultimately, you have the final word when it comes to accepting or declining a settlement offer; however, our team will offer guidance that will assist in your decision-making process.

Preparing for Trial

Although we always prefer to settle our cases outside of court, sometimes a case cannot be settled to the satisfaction of both parties. While your personal injury attorney is preparing for trial, our firm will continue to investigate your case and compile information about your claim. During the process, we will explain to you the strategy we are pursuing, any unfamiliar terminology, and what your role will be in the court proceedings. We are experienced using the latest technology in trial to obtain outstanding results for our clients.

Another important part of the case for which we prepare our clients is the deposition. Before court proceedings take place, both parties have the right to ask the opposing party and their witnesses questions under oath, which is recorded for use in court at a later date. During a deposition, the lawyers try to find out as much as possible about the essential issues in the case and they also try to evaluate the truthfulness and persuasiveness of the witnesses. Our firm often videotapes the depositions of opposing parties. If the witness or opposing party changes their story at trial, we can play the video back to the jury.

When preparing you for your deposition, your personal injury attorney will help you present yourself in a positive and truthful manner while avoiding the danger of trick questions or unclear questions that may be asked by the other lawyer. The responsibility falls on you to answer questions truthfully and maintain a respectful, positive attitude. During your deposition, your personal injury attorney will be present to protect your rights and object to any inappropriate or irrelevant questions.

During the Trial

In court, you can expect superior representation from your personal injury attorney. Not only will our firm present a convincing, highly-organized case to the jury and judge, you will also be well-prepared to give thorough, articulate testimony.

We believe that our hard work, high ethical standards and knowledge of the law are the key ingredients for our clients to have success in the courtroom.

Contact a Personal Injury Attorney

For expert legal representation, contact our Kansas City, Missouri firm today. An experienced personal injury attorney can guide you through all steps of the litigation process and maximize you chances of reaching a favorable verdict or settlement.

Schedule A Consultation

Toll Free 866-699-5141
913-948-8200

Use of this form does not create an attorney client relationship. An attorney client relationship will only be created when you and our firm sign an engagement letter or contingency fee agreement. Please do not include confidential information on the case inquiry form.

Bottaro, Morefield, Kubin & Yocum, P.C.
11300 Tomahawk Creek Parkway Suite 190
Leawood, Kansas 66211

Phone: 913-948-8200
Toll Free: 866-699-5141
Fax: 913-948-8228