DUI Accident Injury & Wrongful Death Trial Lawyers

Lansing DUI Accident Injury Trial Attorneys

Kendall Law Group LLC

Compassionate Guidance in Your Time of Need

Navigating the Aftermath of DUI Accident Injury

Drunk driving is a devastating and entirely preventable crime with far-reaching consequences. Every year in the United States, it tragically claims the lives of thousands and leaves many more with severe, life-altering injuries, including brain and spinal cord damage. The emotional and physical toll of a DUI accident, particularly those resulting in injuries or fatalities, can be overwhelming, plunging victims and their families into a profound state of distress and sorrow.

At Kendall Law Group in Kansas City, we are dedicated to providing empathetic, yet vigorous legal representation to those affected by DUI accidents. Our experienced team is deeply committed to defending your rights and pursuing justice in these heartrending situations. We understand the gravity of what you have endured and are here to support you every step of the way, ensuring that your voice is heard, and your suffering acknowledged in the pursuit of rightful compensation and accountability.

Why Do Drunk Driving Accidents Often Result in Severe Injuries?

At our law firm, we are all too familiar with the tragic frequency and severe consequences of drunk driving accidents. The root of the devastation in these incidents lies in the impaired abilities of the intoxicated driver. Alcohol consumption severely compromises judgment, reaction times, and motor skills, significantly increasing the likelihood of catastrophic crashes. This impairment results in the driver's diminished capacity to make sound decisions, accurately evaluate risks, and respond effectively to changing road conditions.

The extent of injuries sustained in drunk driving accidents is often exacerbated by the reckless behavior commonly associated with intoxication, such as high-speed driving. These reckless actions intensify the severity of collisions, leading to more grievous injuries. The high-velocity impacts typical in such accidents frequently result in serious trauma, including brain injuries, spinal damage, and multiple fractures.,

Our law firm is acutely aware of the profound effects these accidents have on victims and their families. We are dedicated to pursuing justice and fair compensation for those impacted by such careless and preventable actions. Our commitment is to stand with you, providing support and legal guidance, to ensure that those responsible are held accountable and that you receive the compensation and closure you deserve.

Common Injuries Caused by Drunk Drivers in Lansing

In Lansing, we frequently encounter victims of car accidents caused by drunk drivers, who suffer from a range of severe injuries, each profoundly impacting their lives and well-being. Our law firm has extensive experience in handling cases involving:

Traumatic Brain Injuries (TBI): These injuries result from sudden trauma to the brain and can vary from mild concussions to severe brain damage. Symptoms may include headaches, confusion, memory issues, and, in extreme cases, long-term cognitive impairment or coma.
Spinal Cord Injuries: These involve damage to the spinal cord and can lead to varying degrees of paralysis, including paraplegia (paralysis of the lower limbs) or quadriplegia (paralysis of all four limbs). Such injuries often necessitate long-term rehabilitation and can result in permanent disability.
Broken Bones: Car accidents can cause fractures in any body part, with common sites being arms, legs, ribs, and pelvis. The severity of these injuries can range from simple fractures, healable with casting, to complex ones requiring surgery and extensive physical therapy.
Whiplash: This neck injury, often occurring in rear-end collisions, is caused by rapid back-and-forth neck motion. Symptoms include neck pain and stiffness, headaches, and sometimes dizziness or blurred vision. While many recover, it can lead to chronic neck pain for some.
Wrongful Death: In cases where an individual loses their life due to another's negligence or misconduct, as is often the case in drunk driving incidents, wrongful death claims are pursued. These claims, filed by surviving family members or dependents, seek compensation for lost income, loss of companionship, and funeral expenses.

Each of these injuries requires not only immediate medical attention but often long-term care and significant financial support, profoundly affecting the lives of victims and their families. Our firm is dedicated to providing comprehensive legal support to ensure justice and appropriate compensation for those affected by such tragic and avoidable incidents.

What Compensation May Be Available to DUI Accident Injury Victims?

Victims of DUI accidents in Lansing who have sustained serious injuries have various avenues for seeking compensation, depending on the circumstances of the accident and the state laws of Missouri and Kansas.

Claim Against At-Fault Driver’s Insurance: In both Missouri and Kansas, the primary recourse is usually to file a claim against the liability insurance of the driver responsible for the accident. This claim is intended to cover damages such as medical expenses, lost wages, and pain and suffering.
Underinsured Motorist Coverage: If the at-fault driver’s insurance is insufficient to cover all your damages, you may file a claim under your underinsured motorist coverage, if you have this type of policy. This coverage can help bridge the gap between what the at-fault driver’s insurance pays and the total cost of your damages.
Uninsured Motorist Coverage: Victims can turn to their motorist policy in instances where the at-fault driver is uninsured. This coverage is specifically designed to provide compensation in such situations.
Personal Injury Protection and Medical Payment Coverage: If neither the at-fault driver has insurance nor you have uninsured or underinsured motorist coverage, you may still have options. In Kansas, Personal Injury Protection Coverage (PIP) can provide some compensation, while in Missouri, Medical Payment Coverage may be applicable. These coverages are designed to pay for medical expenses regardless of who is at fault.

Navigating these various insurance and legal options can be complex and challenging, especially in the aftermath of a traumatic accident. Consulting with a skilled personal injury attorney in Lansing is highly advisable. An experienced attorney can guide you through the process, help you understand your rights, and advocate on your behalf to ensure you receive the full compensation you deserve.

DUI Accident Injury Claims – Potential Complications

Navigating DUI accident injury claims can be exceptionally challenging due to several potential complexities. Understanding these intricacies is crucial for effectively managing and pursuing claims within the realm of personal injury law. Key complications that may arise include:

Liability Disputes: Although it may appear obvious that the drunk driver is at fault, establishing liability can be complex. There are cases where liability might be shared under comparative negligence scenarios or third parties such as bars or restaurants could be held partially responsible under "dram shop" laws.
Insurance Company Resistance: Insurance companies often dispute claims or propose settlements significantly lower than the actual damages incurred. They may contest the severity of injuries, question the necessity of medical treatments, or debate the extent of pain and suffering endured.
Limited Insurance Coverage: In situations where the at-fault driver is uninsured or underinsured, securing adequate compensation becomes significantly more challenging. Victims may need to depend on their own insurance, subject to the specific terms and coverage limits of their policies.
Proving Intoxication: Demonstrating that the driver was legally intoxicated at the accident time is crucial. This typically requires evidence such as police reports, breathalyzer or blood test results, and witness testimonies. Delays or issues in gathering this evidence can complicate the case.
Severity and Scope of Injuries: For severe or long-term injuries, accurately determining the full extent of damages—including future medical expenses, ongoing rehabilitation, lost future earnings, and quality of life impact—is a complex task.
Legal and Procedural Complexities: Navigating the legal system, meeting filing deadlines (statutes of limitations), and understanding state-specific laws and regulations can be overwhelming, especially for those without legal knowledge.
Multiple Parties Involved: Cases may involve multiple victims, liable parties, or both, complicating the distribution of insurance funds and legal liabilities.
Criminal vs. Civil Proceedings: DUI is a criminal offense, and concurrent criminal proceedings against the driver can influence the civil case. However, a criminal conviction is not necessary for pursuing a civil claim.
Punitive Damages: Seeking punitive damages, intended to punish egregious behavior, comes with legal challenges and caps varying by state. Demonstrating that the behavior of the drunk driver warrants punitive damages requires a higher standard of proof.

Given these complexities, DUI accident victims should seek legal representation. An experienced personal injury attorney can navigate these challenges, effectively gather and present evidence, negotiate with insurance companies, and ensure victims receive fair compensation for their injuries and losses.

Drunk Driving Laws in KS & MO

The drunk driving laws in Kansas and Missouri are designated to deter driving under the influence and punish those who do. Despite some similarities, each state has its own specific set of statutes and penalties regarding DUI. Here’s an overview:

Kansas DUI Laws	Missouri DUI Laws
Blood Alcohol Concentration (BAC) Limits: Most Drivers: 0.08%Commercial Drivers: 0.04%Drivers Under 21: 0.02%	Blood Alcohol Concentration (BAC) Limits: Most Drivers: 0.08%Commercial Drivers: 0.04%Drivers Under 21: 0.02%
Implied Consent Law: If you operate a vehicle, you automatically consent to submit to a chemical test (breath, blood or urine) if suspected	Implied Consent Law: If you operate a vehicle, you automatically consent to submit to a chemical test (breath, blood or urine) if suspected
Penalties: Vary based on the number of offenses and the severity of the incident. First-time offenders may face jail time, fines, license suspension, and mandatory participation in an alcohol education program. Penalties increase with subsequent offenses, potentially leading to longer jail sentences, larger fines, longer license suspensions and the installation of an ignition interlock device.	Penalties: Include jail time, fines, license suspension or revocation and possible requirement of an interlock device. The severity of penalties increased with each offense. Missouri considers “aggravated” DUI offenses, which occur under certain conditions such as an exceptionally high BAC and carry more severe penalties.
Refusal to Submit to Testing: Refusing a chemical test can result in automatic license suspension for a year or more, irrespective of conviction.	Refusal to Submit to Testing: Can lead to license revocation and can be used against you in court.
Sobriety Checkpoints: Not permitted.	Sobriety Checkpoints: Missouri law permits the use of sobriety checkpoints.

What is Your Drunk Driving Injury Claim Worth?

Determining the value of a drunk driving injury claim is a complex process that varies significantly from case to case. There is no universal formula, but several key factors typically influence the valuation of such a claim:

Medical Expenses: This encompasses the costs of all medical treatments related to the injuries sustained in the accident. It includes emergency room visits, hospital stays, surgeries, medications, medical devices, rehabilitation, and any anticipated future medical care or treatments.
Lost Wages and Earning Capacity: Compensation may cover income lost during the recovery period. Additionally, if injuries lead to long-term or permanent work incapacity, or necessitate a shift to a lower-paying job, claims may also encompass the loss of future earning capacity.
Pain and Suffering: This refers to both the physical pain and the emotional distress caused by the accident and subsequent injuries. The calculation of pain and suffering is subjective and considers the severity of injuries, the length of recovery, and the overall impact on the victim's life quality.
Property Damage: If personal property, such as a vehicle, was damaged, compensation for repair or replacement costs can be claimed.
Punitive Damages: In cases where the driver's behavior was exceptionally negligent or reckless, punitive damages might be awarded. These are intended as a punishment for the offender and a deterrent against similar future conduct.
Wrongful Death and Survivor Damages: In fatal accidents, the victim's family may be entitled to wrongful death damages, including funeral and burial costs, loss of future income, loss of companionship, and emotional suffering.
Life-Altering Impact: Severe injuries that result in disabilities or disfigurement may warrant compensation for lifestyle adjustments (like home modifications) and the loss of life enjoyment.
Legal and Insurance Policy Limits: The recoverable amount can also be affected by the at-fault party's insurance policy limits and the legal statutes of the jurisdiction where the accident occurred.

To accurately evaluate a drunk driving injury claim, it's essential to consult with a personal injury attorney experienced in DUI cases. They can provide a more tailored assessment based on the specifics of the case, including injury severity, available evidence, and relevant state laws. Legal representation is crucial for effectively negotiating with insurance companies, which typically aim to settle claims for the lowest possible amount.

How Long Do You Have to File a Claim?

The time frame within which you must file an injury claim in both Kansas and Missouri is governed by each state's statute of limitations. This is a critical legal time limit, and failing to file within this period typically results in losing the right to pursue compensation. Here are the specifics for each state:

Kansas:

For personal injury claims, including those arising from drunk driving accidents, you generally have two years from the date of the injury to file a lawsuit.
It's important to note that if the injury was not discovered immediately, the two-year period may start from the date of discovery, but this is subject to specific legal interpretation and limits.

Missouri:

In Missouri, the statute of limitations for personal injury claims is generally five years from the date of the injury.
As with Kansas, there are exceptions where the time limit may start from the date the injury was discovered or should have reasonably been discovered, especially in cases where the injury was not immediately apparent.

Considerations:

These time frames apply to the filing of a lawsuit, not to the initiation of an insurance claim. Insurance claims should be filed as soon as possible after an accident.
If the claim is against a government entity, there may be different and often shorter deadlines for giving notice of the claim.
There are also special considerations and exceptions for minors or individuals who are incapacitated.
The statute of limitations can be subject to legal changes and interpretations, so it's advisable to consult with a personal injury attorney as soon as possible to ensure compliance with the relevant deadlines.

Adhering to these statutes of limitations is crucial in preserving your legal rights to seek compensation for injuries sustained in a drunk driving accident.

How Can a Lansing Personal Injury Attorney Help You?

If you or a loved one has been injured in a DUI incident in Lansing, engaging a skilled personal injury attorney can be invaluable, particularly given the complexity of such cases. Here's how a personal injury attorney can assist:

Legal Guidance: Navigating the intricacies of personal injury laws, which vary by state, can be challenging. An attorney experienced in Kansas and Missouri laws can provide crucial guidance on legal processes and your rights as an accident victim.
Case Evaluation and Strategy Development: An attorney can assess the specifics of your case, including the nature of your injuries and the accident's circumstances, to formulate a strategy aimed at securing the best possible outcome for your claim.
Negotiations with Insurance Companies: Insurance companies often seek to minimize payouts. A knowledgeable attorney can negotiate effectively with these companies to ensure you receive a fair settlement that adequately covers your medical expenses, lost wages, and other damages.
Evidence Gathering and Analysis: Proving liability and the extent of damages in a DUI case requires thorough evidence collection. An attorney can assist in gathering and analyzing essential evidence, such as police reports, medical records, witness statements, and, if necessary, expert testimony.
Court Representation: If negotiations do not result in a fair settlement, your attorney can represent you in court, advocating on your behalf to secure a favorable verdict.
Maximizing Compensation: Experienced attorneys are adept at calculating and arguing for maximum compensation, including costs for medical care, pain and suffering, lost income, and potentially punitive damages in cases of gross negligence.
Navigating Statutes of Limitations: Each state has specific deadlines for filing personal injury claims. An attorney ensures that all legal actions are taken within these time frames, preserving your right to seek compensation.
Stress Reduction: Handling the aftermath of an accident can be overwhelming. Having an attorney manage the legal aspects allows you to concentrate on your recovery and rehabilitation.
Objective Perspective and Advocacy: An attorney provides an unbiased view of your case and acts as your advocate, safeguarding your interests and rights throughout the legal process.

Most personal injury attorneys work on a contingency fee basis, meaning their payment is contingent upon winning your case. This arrangement can provide financial relief, as you typically don't pay unless they secure compensation for you. Employing a personal injury attorney in Lansing can thus significantly bolster your chances of a successful legal resolution following a DUI accident.

What Are Punitive Damages After a Lansing Drunk Driving Accident?

Punitive damages play a specific role in legal cases, especially in those involving drunk driving accidents in Lansing. These damages are not meant to compensate the victim for their losses but are instead designed to punish the defendant for particularly reckless or egregious behavior and to deter similar actions in the future. Understanding how punitive damages work in Missouri and Kansas is important:

Missouri:

Eligibility for Punitive Damages: In Missouri, punitive damages may be awarded in cases where the defendant’s actions were exceptionally reckless or showed a conscious disregard for the safety of others. Drunk driving often qualifies under this criterion.
Proving the Case: To secure punitive damages, the plaintiff must demonstrate that the defendant acted with deliberate and flagrant disregard for the safety of others. This can be evidenced through the driver’s blood alcohol content, behavior before and during the incident, and any prior DUI records.
Caps on Damages: Missouri law places a cap on punitive damages, which means there's a maximum limit to the amount that can be awarded.

Kansas:

Criteria for Awarding Punitive Damages: Kansas has more stringent requirements for punitive damages. They are awarded only when the plaintiff can show that the defendant acted with “willful conduct,” “wanton conduct,” or “fraud.”
Evidence Requirements: The plaintiff must present clear and convincing evidence to support their claim for punitive damages.
Damage Caps: Like Missouri, Kansas also imposes caps on punitive damages, limiting the amount that can be awarded.

It's important to recognize that punitive damages are not applicable in every case and are awarded separately from compensatory damages, which include medical expenses, lost wages, pain, and suffering. The complexities involved in proving entitlement to punitive damages, along with the applicable caps, make it crucial to work with an experienced personal injury attorney. An attorney can effectively navigate these legal intricacies, helping to ensure that all potential avenues for compensation are explored and maximized in a Lansing drunk driving accident case.

Why Choose Our Skilled Personal Injury Attorneys

Choosing the right personal injury attorney is essential, especially for complex cases such as DUI accidents in Lansing. Here's why our team at Kendall Law Group is a strong choice:

Experienced Trial Lawyers: Our attorneys are equipped with extensive trial experience, ready to take your case to court if a fair settlement is not achievable. This is particularly crucial in cases of serious injuries like brain and spinal cord injuries, where litigation might be necessary for just compensation.
Understanding the Emotional Weight: We recognize the emotional impact of DUI accidents, especially those involving serious injury or loss of life. Our approach combines compassion with professionalism, ensuring you feel supported throughout the legal process.
Navigating Legal Complexities: DUI cases come with unique legal challenges. Our team's deep knowledge in handling these intricacies ensures thorough management of your case.
Focus on Fair Outcomes: We are committed to securing fair compensation covering medical costs, lost income, pain and suffering, and other damages related to the DUI accident.
Advocacy for Victims and Families: Our advocacy extends beyond the courtroom. We support your broader needs during this challenging time,

Lansing DUI Injury Trial Attorneys

If you or a loved one has been affected by a DUI accident in Lansing, consider reaching out to Kendall Law Group. We offer a free consultation to discuss your case and explore how we can assist during this difficult period.

Contact us for compassionate and skilled legal representation. You can reach us HERE or by calling 📞 (816) 531-3100

At Kendall Law Group, your recovery and justice are our utmost priorities.

What to Do After a Car Accident

Following a car accident, certain steps are crucial for protecting your rights:

Report the Accident: Call 911 to get help for anyone who is injured. Always call the police immediately to file an official report and get the report number.
Seek Medical Attention: Prioritize your health and ensure all injuries are documented.
Gather Evidence: If feasible, take photos of the scene and collect contact information from witnesses.
Consult with an Attorney: Before dealing with insurance companies, seek advice from a Lansing DUI Accident Injury Lawyer.

These actions are vital in building a solid foundation for any potential legal claim and ensuring your rights are protected following a car accident.