Each personal injury case presents a different set of challenges. While building a personal injury case in Kansas City may be open and shut for some, for others it may take considerably more time and energy to resolve. Cases can run smoothly and be settled without having to file a lawsuit or become more intricate and require a jury to resolve. In either situation, there are several ways that the challenges of building a Kansas City personal injury case can be overcome.
CAUSATION
Proving causation can be a huge challenge depending upon your previous personal circumstances. Causation is often difficult to prove if there is a history of multiple accidents. It is also quite challenging to prove causation if someone has been receiving medical treatments for an ailment and is then injured again which exacerbates the previous condition. Quantifying the detrimental effects of the injury can then become a bit muddled. Often times, the insurer will not want to provide full compensation for a previous injury. It is important to keep your medical records accurate and up to date regarding previous injuries so that you are able to demonstrate a physical ailment and receive the maximum amount of compensation for your injury regardless of a previous medical condition.
ORGANIZATION
Each personal injury case is comprised of multiple moving parts. Keeping track of all of the information can be challenging. Remaining organized is essential to a successful outcome. The attorneys at Popham Law have a streamlined process in place that allows them to keep all of the multiple parts of your case in order thus enabling successful case resolutions.
INVESTIGATION
One of the biggest challenges in a personal injury case are the facts. If the facts are straightforward, often the case is resolved quickly. However, personal injury and workplace incidents can become complicated. There could possibly be an investigation to identify and reconstruct relevant evidence. This could entail a forensic or situational analysis of the incident. Another challenging part of a personal injury case is that insurance companies have the ability to conduct video surveillance of victims. This allows the insurance company to gather information regarding the plaintiff’s conduct at all times, which can help reduce their costs if there is potentially a large pay-out. Privacy laws also restrict how investigators and attorneys are allowed to gather evidence. Collecting court-admissible evidence and navigating the privacy laws for each component can pose extra challenges to injury cases.
TIME
Evidence is always lost over time. People forget details, facts are remembered incorrectly, and injuries begin to heal. As time elapses between the incident and the investigation, the challenge of collecting information from employers and/or witnesses increases. In Kansas, you have two years from the date of the accident or injury to file a personal injury claim. But in Missouri, you have five years from the date of the accident of injury to file a personal injury claim. It is important to file a claim as soon as possible so that information can be accurately and completely gathered while dates, details, and time-lines are fresh. Acting promptly preserves evidence and eliminates many of the challenges associated with personal injury cases.
COST EFFECTIVENESS
Assessing the cost effectiveness of a personal injury case is challenging. Evaluating and determining if the result from the case will justify the time and energy that goes into it is complicated at best. Weighing the potential result in regard to the time and effort it takes to develop evidence and prove a case can be a difficult decision to make. Ultimately, personal injury cases that require litigation also require proof.Establishing liability and damages can swing in different directions depending upon the jury, so it is important to consider if the case is essentially worthwhile to bring to trial. If it is a viable case, there could still be comparative negligence because in Missouri negligence allows for both parties to be liable for their percentage of fault. Each of these components complicates the overall picture and poses a myriad of challenges.
SOCIAL MEDIA
Social media is by far one of the biggest challenges in personal injury cases. Keeping information off of social media can be extremely difficult when many people want to tell their story to the world. Unfortunately, sharing information on social media sites can be extremely detrimental to a personal injury case. Insurance companies are looking for any evidence showing the injured person may not be as debilitated as they claim, and this outlet provides a plethora of information for them to glean.Evidence from social media can pertain to sharing information about a wreck, an injury, healthcare, or conversations with witnesses about the incident. As soon as information is shared in a public space, there is no longer any realistic expectation of privacy or privilege. One of the biggest challenges of modern times is not discussing any part of the accident with anyone other than your lawyer.
CALL THE POPHAM LAW FIRM FOR YOUR KC ACCIDENT LAWYERS
Let the attorneys at Popham Law handle the challenges of your personal injury case. While it may seem like an open and shut case, getting the compensation you deserve means having experienced representation on your side. With Popham Law, we’ll relentlessly help you seek justice while holding the responsible party accountable for their actions.For a free consultation with a Popham Law attorney, call our KC personal injury law firm today at (816)221-2288.
