If you've been in an accident in the Parkville, MO or larger Kansas City metro area and are thinking about what to do after an accident, there are some important mistakes to avoid. Chief among them is failing to get a lawyer quickly: having a lawyer will protect you from making some of these other mistakes and greatly increase the chances of getting the full value of your claim. What to Do After an Accident: Mistakes to Avoid Delaying the Doctor If you haven't gone to the doctor yet, go right away. The longer the gap between the accident and your first medical evaluation, the easier you make it for the insurer to question causation and the extent of your injuries. Soft-tissue damage and concussion symptoms can sometimes take hours or days to manifest, so it's always wise to just get checked out right away after a crash. Keep records of every visit, all imaging reports, and any notes you get restricting you from work. You'll need those later as proof of damages. Talking to the Adjuster Giving a recorded statement to the other driver's insurer is not required and is always a mistake. That recording becomes a permanent transcript that can be used to against you. Insurance adjusters are very good at manipulating conversations so they get you to say things they can use to throw a higher share of fault onto you or minimize your injuries. Signing Anything Don't sign a broad medical authorization or accept an early check without talking it all over with your attorney, first. A general release can cut off all chance for a later claim if you discover your injuries and losses are worse than you thought. And an unrestricted medical authorization lets the insurer mine through years of unrelated medical records, looking for anything they can find to blame a "preexisting condition" for your injuries or the extent of them. Waiting Out the Calendar Missouri allows you five years to bring a lawsuit in a crash like this, but Kansas only gives you two. If your accident was in Kansas City, it all depends on which side of the line you're on. If your claim is against any kind of government entity, like the city, you have even less time. And whether you have five years or two, every day evidence degrades or disappears, and witness memories get foggier. Don't put off making that call to an attorney. Not Talking With an Attorney Many people worry that having a lawyer will mean they don't get their full claim. Lawyers in this field normally work on a contingency basis, meaning they don't take a fee unless they win for you. Plus, research shows that personal injury claims brought by a lawyer win more money for the client, even after the attorney's fees are removed, than claims brought without a lawyer's help. Call us today at Spooner & Perkins at 816-572-6324 to set up a free consultation on your case. We've been serving the Kansas City metro area for decades and offer real help when you need it most.
Workers' Comp Claim Denied in Missouri? What to Do Next
If your employer's insurer has denied your workers' comp claim, that doesn't end things. You have the right to pursue benefits through the Missouri Division of Workers' Compensation (DWC) even after a denied workers compensation claim. In addition, you may have the option to bring a personal injury claim against a third party. The best way to find out where you stand and what all your options are is by talking with an attorney. How to Deal With a Denied Workers Compensation Claim Getting an Attorney You have the right to consult or retain a lawyer at any stage, and while having legal representation isn't required, it's common and especially helpful once benefits are denied or disputed. Employers and insurers are generally required to have legal counsel at docket settings, and if they have a lawyer, you should, too. Having a lawyer is particularly useful when: The case is denied Tests or surgery your doctor recommends are denied or cancelled Your doctor has restricted you from work, but you're not getting any weekly benefits You're feeling intimidated or confused You've been fired or are being harassed over the injury There's interaction with Social Security, Medicare, or Medicaid benefits You need to make a permanent total disability claim The employer isn't insured There's unpaid medical bills sitting around Any time your case requires an evidentiary hearing How Your Attorney Will Go to Work Attorneys who regularly handle workers' compensation claims will normally offer free initial consultations and then take cases on a contingency-fee basis. What that means is there are no retainer or hourly payments required up front. Instead, the lawyer will only get paid once they successfully prosecute your claim. Your lawyer will review the denial letter, all your medical records, the accident reports, your salary or wage information, and all other documents you provide. Then your lawyer will handle the Claim for Compensation filing and any subsequent requests for conferences, mediation, hardship hearings, or final hearings. Perhaps best of all, your attorney takes over all communication with the insurer and the government, so you don't have to negotiate directly or deal with the stress of all this. In addition, your lawyer: Gathers supporting evidence (including independent medical evaluations or expert opinions where necessary) Prepares you for testimony Represents you at mediations, pre-hearings, and evidentiary hearings Manages the appeal window Negotiates settlement proposals Personal Injury Case Typically, you can't bring a personal injury claim in a workers' compensation case, but there are some limited exceptions. If your employer or another employee deliberately tried to hurt you, then the employer can't hide behind workers' comp. This can be very hard to prove, but if you suspect it, talk to your attorney. You can also bring a claim against a third party if someone else was involved who was not your employer. If you've been injured on the job, talk to Spooner & Perkins Attorneys at Law in Parkville, MO right away to set up a free consultation on your case. We provide help to workers across Missouri and Kansas.