The Quitmeier Law Firm of Kansas City

A full-service law firm serving the Kansas City Greater Metropolitan Area. Our clients come first.

Proving Negligence in a Car Crash

If you have been injured in a car crash and want to recover for your injuries, you will need to prove that the other driver was negligent.

All drivers are required to exercise care to avoid causing injury to other drivers and pedestrians. Negligence occurs when a driver does not exercise due care and instead behaves carelessly. Drivers can be negligent in many ways, such as by speeding, tailgating, driving under the influence of drugs or alcohol, running a stoplight or stop sign or failing to yield the right of way to a pedestrian.

If you’ve been injured in a car crash, here’s what you will need to prove with the help of your attorney:

  • The driver that injured you had a duty to exercise reasonable care: This requirement is usually easily met because the law requires all drivers to exercise reasonable care.
  • The driver that injured you breached that duty: The court will compare that driver’s behavior with the behavior of an ordinary reasonable person under the same circumstances. If a reasonable person would not have acted similarly, you may be able to recover.
  • The driver’s conduct was the cause of your injuries: In order to recover, you must prove that the other driver’s conduct was the actual cause of your injuries. For instance, if you had a bad back before the car crash, you may have difficulty proving that the car crash was the cause of your back injury.
  • Damages resulted: You must prove that you suffered some type of loss and were damaged as a result. Common damages are medical bills, loss of wages and pain and suffering, among other damages.

If you have been injured in a car crash, the experienced  accident and injury attorneys at The Quitmeier Law Firm can help you establish all the elements of your claim to get you the compensation that you deserve. Contact us today.

 

Medical Malpractice Damages

If you are the victim of medical malpractice, you know all too well how the physical losses you have suffered can also affect your emotional and mental well being.  You may be entitled to damages to compensate you for your losses.  Although rare, you may also be able to recover punitive damages for the willful or malicious conduct of a healthcare provider.

Compensatory Damages for Economic Losses. Medical malpractice victims can seek compensatory damages to cover their economic, or financial, losses.  Economic losses, also known as “actual” losses, include medical expenses and loss of income.  Compensatory damages are intended to make a victim of medical malpractice “whole,” even though the victim’s life may be unalterably changed.  Even where an individual cannot establish actual damages, a small sum called “nominal” damages may be awarded to acknowledge a legal injury.

Compensatory Damages for Non-Economic Losses. Victims of medical malpractice may also be eligible to receive compensation for non-economic losses.  Non-economic losses are often difficult to quantify and include pain and suffering, loss of consortium, and continued physical impairment or disability.  Compensatory damages for non-economic losses are no longer capped in Missouri.  The state statute that previously capped these damages was found unconstitutional by the Missouri Supreme Court.  The Missouri legislature is currently working on legislation that could cap non-economic damages in the future, but debate over this subject continues.

Punitive Damages. Punitive damages are damages intended to punish a wrongdoer.  Punitive damages are not often awarded in medical malpractice cases.  Missouri Revised Statute § 538.210 places a heavy burden of proof on a plaintiff seeking punitive damages in a medical malpractice suit.  The plaintiff must prove by clear and convincing evidence that the healthcare provider acted willfully, wantonly or maliciously in causing the injuries.

Make sure that your right to recover under a medical malpractice action is protected by contacting an experienced Missouri personal injury attorney at The Quitmeier Law Firm.

The Quitmeier Law Firm represents our clients with integrity, ethics, and expertise
to provide the resolutions our clients need and have come to expect. We treat you like we would want our relatives treated.

The choice of an attorney defines the outcome of your case.

Easy Access I-29/Tiffany Springs exit

The Quitmeier Law Firm. Serving Platte, Clay and Jackson Counties with integrity.

Conveniently located just off I-29 at the Tiffany Springs exit.