Pittsburg Personal Injury Lawyer

Dealing with the aftermath of an injury can be a difficult and stressful experience, especially if the careless actions of another person or corporation caused the injury.

Unfortunately, these incidents are all too common. Along with trying to recover from the accident, you have to face the reality of lost income, mounting medical bills, and unexpected trauma from the event.

Whether a long-time resident or a visiting student at Pittsburg State University, you have the legal right to pursue compensation if someone was responsible for your injuries and other losses. You need to talk to a Pittsburg personal injury lawyer.

At Prochaska, Howell & Prochaska LLC, we have helped numerous accident victims secure the compensation they rightfully deserve. Reach out and see how we can assist with your personal injury claim.

What Is a Personal Injury Claim?

Personal injury refers to any harm caused to a person’s physical body or mental health, and it can be the basis for legal claims. These cases can be centered around a few types of wrongdoing, such as:

Negligence

Negligence is the most common basis for personal injury claims. This happens when an individual fails to act with the level of care that a reasonable person would have exercised under the same circumstances.

For example, if a driver carelessly causes a car accident, they can be held liable for the injuries suffered by other parties. Your Pittsburg personal injury lawyer must prove each of the four elements of negligence:

• Duty of care refers to the legal obligation that a defendant owes to the injured victim. Most individuals have a legal duty to act reasonably and avoid injuring others. For example, all drivers owe a duty of care to other drivers, passengers, motorcyclists, bicyclists, and pedestrians.
• Breach of their duty is another important element in a personal injury case. After establishing that the defendant had a duty of care, your legal team must demonstrate that the defendant failed to fulfill that responsibility or “breached” it. For example, if a driver runs a red light and collides with another vehicle, then the driver has breached their duty of care.
• Causation refers to the relationship between the defendant’s action (or inaction) and your injury. To prove that the defendant is responsible for the damages, your legal team must show that the breach of duty by the defendant was the actual cause of their injuries.
• Damages are monetary compensation given to the party that has suffered a loss or injury.

Strict Liability

Strict liability holds a defendant liable for committing an action, no matter their intent or mental state.

For instance, if an injury occurs due to a defect in a product, the manufacturer can be held responsible for that injury even if they did not act negligently. Strict liability is also used when somebody creates a dangerous condition that causes an injury to another person.

Intentional Wrongs

Intentional wrongs result from a deliberate act of the defendant. Common examples of intentional torts include assault, battery, or intentional emotional distress. If you are a victim of these crimes, you can seek compensation from the responsible party.

If a plaintiff is successful in their personal injury claim, they may be awarded damages to compensate for their loss. These damages can include:

• Medical expenses
• Lost wages
• Pain and suffering
• Mental and emotional distress

These are some of the damages you may recover from a personal injury lawsuit. Like all legal cases, the type and amount of compensation will depend on your specific situation.

Types of Injury Cases

Unfortunately, Pittsburg residents can experience all types of personal injuries. Everything from defective products to drunk drivers has caused millions of dollars in damages for accident victims.

These individuals are usually left with substantial hospital bills and face a long road to recovery.

When someone is responsible for these acts of wrongdoing, they can be liable for damages. Some of the types of personal injury lawsuits that we have handled include:

• Car accidents are a common cause of personal injury lawsuits. These accidents often occur due to the negligence of a driver who disobeyed traffic laws or drove recklessly. When someone is injured in a car accident, they can file a lawsuit against the driver responsible for the accident and claim compensation for their losses.
• Truck accidents are a serious concern since they can result in catastrophic consequences due to the sheer size and weight of these vehicles. However, truck accident cases can be more complicated because they may involve multiple responsible parties. Along with the driver’s negligence, a legal claim may also focus on the trucking company’s failure to train the driver properly or maintain the truck safely.
• Medical malpractice occurs when a healthcare provider falls short of the accepted standard of care, harming the patient. Medical malpractice cases can be complex and often require testimony from medical experts.

Time Matters to File Your Lawsuit

In Kansas, the statute of limitations for filing a personal injury claim is two years. With that, you have two years from the date of the accident to file a lawsuit. The clock starts ticking on the date you are injured.

However, there are some exceptions to this rule. For instance, sometimes, the statute of limitations does not run until the injury is reasonably discovered. In medical malpractice cases, the deadline is four years from the date of the malpractice.

Discover Your Legal Options Today

There are so many moving parts to a personal injury lawsuit. You have to file the claim, gather evidence, and negotiate with insurance companies. However, if you are recovering from injuries, you don’t need the added stress of handling a complex legal claim by yourself. You want a skilled and experienced legal team to assist with your case.

At Prochaska, Howell & Prochaska LLC, we have helped clients recover compensation for their personal injury cases. These claims are complicated to manage. Allow us to take this burden off your shoulders.

If you would like to learn more about how we can help with your claim, contact our office today.