who we are
Practice Areas
Personal Injury & Wrongful Death
Personal Injury & Wrongful Death
Medical Malpractice
Medical Malpractice
Trucking & Transportation
Trucking & Transportation
Class Action
Class Action
Appeals
Appeals
Additional Areas Of Focus
Additional Areas Of Focus
Representative Results
$4.8 Billion
One of a few select firms hired to represent the State of Missouri to recover damages against Big Tobacco
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Class Action
$912 Million
Nationwide settlement for consumer class in AT&T Mobility Wireless Data Services Class Action
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Bad Faith
$107 Million
Confidential bad faith settlement
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Trucking/Transportation
$46 Million
Verdict on behalf of the families of a couple killed in a collision with a tractor trailer
One Team Working for You
When you or a loved one suffers harm due to the negligence or wrongdoing of others, you need a team with experience and expertise to handle your case. Our Kansas City personal injury lawyers and specialized attorneys work as one cohesive team to ensure the best possible outcomes.
Highly Experienced Attorneys
Our team handles some of the region’s most complex and high-stake cases. From catastrophic amusement park accidents to medical malpractice, our firm has the collective experience and resources to handle your case from start to finish.
A Reputation for Excellence
We are proud to be a premier resource in Kansas City for personal injury lawyers. We’ve helped thousands of clients get the justice they deserve in an efficient and timely manner. Our attorneys have a reputation for excellence throughout the Midwest.
A History of Success
Bartimus Frickleton Robertson Rader has a long history of success in Kansas City. Throughout our 40 years in practice, we’ve represented thousands of clients with recoveries exceeding $1 billion.
Let Our Firm Help You Seek Justice
Our Expertise
Understanding the Personal Injury Claims Process
After a serious accident, injured individuals and their families are often confronted with mounting medical expenses, lost income, and uncertainty about the future. At the same time, important decisions regarding insurance claims, medical treatment, and legal rights must be made, usually during the immediate aftermath while an individual is still healing.
Medical records, accident reports, witness statements, and other forms of evidence frequently play a critical role in establishing liability and documenting the full extent of an injury.
Understanding how a personal injury claim progresses helps victims make informed decisions and avoid common mistakes that may impact the value of a case. Experienced Kansas City personal injury lawyers can guide injured parties through each stage of the legal process, from the initial investigation through settlement negotiations or trial when necessary.
The following overview explains what victims and families can expect when pursuing compensation after an injury caused by another party’s negligence.
Understanding the Personal Injury Claims Process
What Is a Personal Injury Claim?
A personal injury claim is a legal action seeking compensation for injuries caused by the negligent, reckless, or wrongful conduct of another person, business, or entity.
These claims can commonly involve:
- Motor vehicle collisions
- Commercial trucking accidents
- Motorcycle crashes
- Dangerous property conditions
- Defective products
- Medical negligence
- Catastrophic injuries
- Wrongful death
Depending on the circumstances, a claim may resolve through negotiations with an insurance carrier, or it may ultimately require litigation.
Not every injury claim proceeds to a lawsuit. However, determining the appropriate course of action requires a careful review of the facts, available evidence, and applicable law.
For that reason, injured parties should consult with Kansas City personal injury lawyers before accepting a settlement offer or providing statements to insurance representatives.
Understanding the Statute of Limitations
Every state establishes deadlines that govern how long an injured person has to file a lawsuit. These deadlines are known as “statutes of limitations.”
In Missouri, personal injury claims generally must be filed within five years of the date of injury. Failure to initiate legal action within the applicable period can result in the claim being permanently barred, regardless of its merits.
While the five-year deadline applies in many situations, exceptions and unique circumstances may alter this timeframe. Factors like the nature of the injury, the identity of the parties involved, or the location where the incident occurred can significantly affect filing deadlines.
Moreover, not all personal injury claims fall within this five-year statute of limitations. For example, claims involving medical malpractice generally have two-year statutes of limitations. Additionally, claims involving wrongful death generally have three-year statutes of limitations. The specific statute of limitations that applies will depend on the unique circumstances of each case.
Because of these complex calculations, prompt case evaluation by qualified legal counsel is often critical to preserving a victim’s legal rights.
Types of Compensation Available in a Personal Injury Case
The compensation available in a personal injury claim depends on the facts of the case, the severity of the injuries, and the long-term impact on the victim’s life.
Damages may include:
- Past and future medical expenses
- Rehabilitation and ongoing treatment costs
- Lost wages and loss of earning capacity
- Physical pain and suffering
- Emotional distress and mental anguish
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Wrongful death damages when applicable
A thorough investigation can identify both current and future losses. Experienced personal injury lawyers frequently work with medical professionals, economists, life-care planners, and other experts to properly document and value damages.
The Personal Injury Claim and Litigation Process
Following a serious injury, the process walks through several important steps before a case reaches resolution. While every claim is unique, the legal process follows a similar framework.
Initial Investigation
The process typically begins when an injured individual or their family reaches out to Kansas City personal injury lawyers, who begin gathering information regarding the accident and the resulting injuries.
They may collect medical records, photographs, witness statements, incident reports, and other evidence to establish liability and damages.
Insurance Claims
If known, attorneys will notify the insurance companies of their representation of the injured party in order to communicate directly with the insurer about the claim.
Medical Treatment and Documentation
Ongoing medical care plays a significant role in most personal injury claims. Treatment records help demonstrate the nature and extent of injuries while documenting future medical needs.
Settlement Negotiations
Once sufficient evidence has been gathered, a claim has been thoroughly evaluated, and the attorneys have determined the reasonable value of the injured party’s losses, settlement discussions may occur with the responsible party or insurance carrier.
Some claims get resolved during this phase without the need for formal litigation. However, many cases proceed to litigation.
Filing a Lawsuit
When a fair resolution cannot be reached outside court, an individual may elect to file a lawsuit. Litigation allows the parties to engage in formal discovery – meaning using legal means to compel the production of certain information and witnesses, obtain additional evidence, and prepare the matter for trial.
Trial and Resolution
Some cases require presentation before a judge or jury. Experienced Kansas City personal injury lawyers prepare every case with trial in mind.
Frequently Asked Questions About the Personal Injury Claims Process
Navigating a personal injury claim can raise many questions, particularly when the case involves serious injuries, substantial medical expenses, or long-term recovery.
The following answers address some issues most frequently encountered by injury victims and their families.
What is the personal injury claim process?
A personal injury claim typically begins with an investigation into the accident and the resulting injuries.
Evidence is gathered, medical treatment is documented, and insurance claims are evaluated. Depending on the circumstances, parties may resolve the matter through settlement negotiations, or it may proceed through litigation and trial.
What types of cases fall under personal injury law?
Personal injury law encompasses a broad range of claims involving injuries caused by negligence or wrongful conduct.
Common examples include:
- Automobile accidents
- Truck collisions
- Motorcycle crashes
- Medical malpractice
- Premises liability claims
- Defective products
- Workplace incidents
- Wrongful death cases
How does the statute of limitations affect a personal injury lawsuit?
The statute of limitations establishes the deadline for filing a lawsuit. Missing this deadline can mean that an injured party is completely prevented from pursuing compensation for their injuries.
Because filing requirements vary based on numerous factors, seek prompt legal guidance after an injury to support the best outcome.
What role does an attorney play in a medical malpractice case?
Medical malpractice claims often involve highly technical medical and legal issues. Because of this, experienced Kansas City personal injury lawyers have the necessary knowledge and understand how to navigate these cases.
Attorneys help the process by:
- Investigating the circumstances surrounding treatment
- Obtaining and reviewing medical records
- Consulting with qualified experts
- Establishing deviations from the applicable standard of care
- Pursuing compensation on behalf of injured patients