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Your Lee's Summit Personal Injury Attorney
The short answer. In Missouri an injury to the person that no other section covers must be filed within five years (R.S.Mo. § 516.120). The trial court for Cass County sits in Harrisonville, at 2501 West Mechanic, Harrisonville, MO 64701. To talk it through, send the form on this page and we will work to connect you with an attorney in our network.
After an injury, ordinary life gets heavy. There are appointments to keep, bills arriving, and a claim that nobody explained to you. If another person’s carelessness hurt you in Lee’s Summit, it is reasonable to want a clear picture before you decide anything.
We match people with attorneys; we do not advise on cases. Treat what follows as a plain language guide to Missouri law drawn from the statutes. When you want to talk to an attorney, the form at the top of this page is the way to start.
Before You Hire: Questions For A Lee's Summit Attorney
Ask these in any first conversation:
- If you were partly to blame. Ask which rule applies to your kind of claim. For a product liability claim, fault chargeable to the plaintiff reduces the award in proportion and does not bar recovery (RSMo § 537.765), and for other claims the jury’s percentages decide what each defendant owes (RSMo § 537.067).
- The deadline. Ask for the specific last day to file, and which Missouri limit applies to your kind of claim. Five years is the general period for an injury to the person, and a wrongful death action has three years (RSMo § 516.120, RSMo § 537.100).
- Claims against the government. Ask whether a public body could be responsible. Missouri waives sovereign immunity for injuries from the negligent operation of motor vehicles by public employees and for injuries from a dangerous condition of public property (RSMo § 537.600), and to the extent of the liability insurance the public body buys (RSMo § 537.610).
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
Common Kinds of Injury Claims
Vehicle crashes
Vehicle injuries start with the same few steps: medical care first, then photographs of the scene, names and numbers of anyone who saw it, the other driver’s insurance information and any estimates for repairs.
Pedestrian and bicycle injuries
Walkers and cyclists hurt by a vehicle should write down the location, the time of day, the lighting and the signals as soon as they can. Witnesses who stopped are valuable, so ask for their contact details before they leave.
Falls and unsafe property
Slips, trips and falls come from spills, uneven surfaces, poor lighting and broken stairs. What matters is who controlled the place and how long the problem was there, so document the hazard and tell the owner or manager promptly.
Wrongful death
If a loved one died because of another person’s wrongful act or omission, a different set of rules applies. Missouri’s wrongful death statute lets the spouse, children or parents of the person who died sue when the death results from an act or circumstance that would have entitled that person to recover had death not ensued, and the time to sue is three years (RSMo § 537.080, RSMo § 537.100). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
Injured in Lee's Summit? Get matched with an attorney now.
How Percentages Of Fault Are Used
If an insurer says the accident was partly your fault, that does not settle the question. For a claim that a product was defective, Missouri’s statute says any fault chargeable to the plaintiff diminishes the damages in proportion and does not bar recovery (RSMo § 537.765).
That statute covers product liability claims. For a crash or a fall, ask the attorney which rule applies to your facts, and how the jury’s percentages would change what each defendant owes (RSMo § 537.067).
Extra Damages And Government Claims
If a city, county, school district or other public body may be responsible, special rules apply. Missouri waives sovereign immunity for injuries directly resulting from the negligent operation of motor vehicles by public employees and for injuries caused by the dangerous condition of a public entity’s property (RSMo § 537.600), and to the extent of the liability insurance the public body buys (RSMo § 537.610).
Recovery is limited. The statute sets $2,000,000 for all claims from a single accident or occurrence and $300,000 for any one person, adjusts those amounts each January, and does not allow punitive damages against a public entity (RSMo § 537.610).
Filing Deadlines For Injury Claims
Time limits decide many injury cases. The usual Missouri rule for an injury to a person is five years (RSMo § 516.120), and a wrongful death action has three years (RSMo § 537.100). Missing the date usually ends the case.
Service has its own deadline in a wrongful death case. If the three years have run, service on a defendant must be made within 180 days of filing the petition, or the court dismisses the action (RSMo § 537.100).
Insurance Minimums in Missouri
The other driver’s policy may be smaller than your bills. Under RSMo § 303.190, the limits are $25,000 per person and $50,000 per accident for bodily injury or death, and $25,000 for property of others.
When your losses are larger, look at your own coverage. A policy delivered in Missouri must provide uninsured motorist coverage, and an insured vehicle counts as uninsured when its insurer cannot pay because of insolvency (RSMo § 379.203).
Local Courts and Hospitals in Lee’s Summit
The Census Bureau lists Lee’s Summit in more than one county: Cass County and Jackson County. For Cass County, the Missouri court directory shows the 17th circuit court in Harrisonville, at 2501 West Mechanic, Harrisonville, MO 64701. The Missouri court directory lists the 16th circuit court for Jackson County in Kansas City, at 415 E. 12th Street, Kansas City, MO 64106. The state list of trauma centers names Children’s Mercy Hospital in Kansas City, in Jackson County, as a Level I trauma center. In Jackson County, that list shows Research Medical Center in Kansas City as a Level I trauma center. That list also names Saint Luke’s Hospital of Kansas City in Kansas City, in Jackson County, as a Level I trauma center.
Ask every provider for your full records and an itemized bill, and keep a running list of appointments. A transfer between hospitals leaves two sets of records, so request both.
What To Do Once You Are Ready To Talk In Lee's Summit
Fill in the form at the top of this page. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Missouri. The form is free to use, and sending it does not mean you have hired anyone.
While you wait, write down what happened and when, who saw it, what treatment you have received and how many days of work you missed. Put bills, letters and insurance messages in one folder.
Frequently Asked Questions
Are there special rules for claims against the government?
There are. Immunity is waived for motor vehicles and dangerous property conditions (RSMo § 537.600) and to the extent of liability insurance the body buys (RSMo § 537.610), and no award may include punitive damages against a public entity (RSMo § 537.610).
How long does an injury settlement take?
It varies with the injury and the insurer. Many claims wait until treatment has finished so the full cost is known, which can take months, and a lawsuit takes longer.
What is the deadline to sue for an injury in Lee’s Summit?
Five years for an injury to a person that no other section covers (RSMo § 516.120), and three years for a wrongful death action (RSMo § 537.100).
If I was partly responsible, can I still recover something?
It depends on the kind of claim. In a product liability claim, fault chargeable to you reduces the damages in proportion and does not bar recovery (RSMo § 537.765). For other claims, ask an attorney which rule applies to your facts.
Can I recover punitive damages in an injury case?
Sometimes. They are limited to the greater of $500,000 or five times the net judgment (RSMo § 510.265), and a defendant is only severally liable for the percentage of punitive damages attributed to it (RSMo § 537.067).
How much liability coverage must a Missouri driver carry?
The limits are $25,000 per person, $50,000 per accident and $25,000 for property of others (RSMo § 303.190).
What should I save for my claim?
Save treatment records and bills, photographs, the report number if there is one, pay stubs that show lost work, estimates for repairs, and every letter or email from an insurance company.
Do I have to give the other insurer a recorded statement?
Not right away. You may decline a recorded statement until you have talked to someone about your options, and saying so is fine.
Injury Attorney Pages For Other Missouri Communities
People are hurt in every part of Missouri. These pages cover other communities.
