What are the stages of a personal injury claim?

If you were injured in an accident caused by someone else’s negligence, understanding what happens after you file a personal injury claim can make the process less overwhelming. At Langdon & Emison, an Independence, Missouri, personal injury lawyer will guide you through the major stages of a personal injury case and what to expect along the way.

Stage 1: Initial steps and consultation

The first stage for accident victims is to seek proper medical treatment for their injuries. It’s important to document those injuries right away, as early records can strengthen your personal injury claim.

The initial consultation

After an accident, you should contact an experienced personal injury lawyer. The process begins with a consultation, where you’ll explain what happened, discuss your injuries, and learn about your legal options. Your legal team reviews any available information, including medical records, police reports, photos, and witness statements, to determine whether you have a valid claim.

Investigation and evidence gathering

Your legal team will begin gathering evidence and evaluating liability. This may involve:

  • Reviewing police and incident reports
  • Interviewing witnesses
  • Collecting photographs and surveillance footage
  • Consulting medical experts or accident reconstruction specialists

The goal is to establish who is responsible, the extent of your injuries, and document the damages you’ve suffered.

Stage 2: Attempting to resolve the case without a lawsuit

Once the investigation is complete, most cases enter this stage.

Demand and settlement negotiations

After the investigation is complete and you’ve reached a point of maximum medical improvement, your lawyer will calculate the full value of your losses. A formal demand package may be declared. This package outlines the evidence of the defendant’s negligence and details the compensation you seek. This demand opens the door to settlement negotiations with the at-fault party’s insurance company.

Insurance companies rarely accept the initial demand, and they may respond with a low settlement offer or a denial of the claim. This begins a negotiation period during which the personal injury lawyers use the gathered evidence to pursue a fair settlement on behalf of the injured party.

Stage 3: Litigation

If settlement negotiations fail because the insurance company refuses to offer fair compensation, the next stage is to file a personal injury lawsuit.

Filing the lawsuit and discovery

When the lawsuit is filed, the litigation process formally begins. The defendant is served with the complaint, and they must file a formal answer with the court. Then the case enters the discovery phase. Discovery is the formal pre-trial process in which both sides exchange information and evidence. This typically involves:

  • Interrogatories: Written questions one party sends to the other
  • Requests for production of documents: Formal requests for documents, records, and other tangible evidence
  • Depositions: Out-of-court, sworn testimonies given by parties and witnesses

In cases involving medical malpractice, product defects, or complex liability issues, discovery can include detailed expert reports explaining how negligence caused your injuries. This stage can take several months to more than a year, depending on the court’s schedule and the complexity of your case.

Pre-trial, mediation, and trial

After discovery, the court may order mediation, where a neutral third party helps both sides work toward a settlement. Many personal injury cases resolve during this stage, saving time and avoiding the stress and uncertainty of a trial.

If mediation doesn’t lead to an agreement, the case moves forward to a personal injury trial. At trial, our attorneys present evidence, question witnesses, and make arguments before a judge or jury. The defense has the same opportunity to present its case. The court then determines whether the defendant is liable and, if so, the amount of compensation you are entitled to.

Navigating the steps in a personal injury lawsuit

The steps in a personal injury lawsuit can feel overwhelming, but having the right legal team on your side makes a difference. Your attorney will guide you through each stage, explain your options, and handle the details so you can focus on recovery.

At Langdon & Emison, we take care of the process from start to finish by communicating with insurance companies and preparing your case for trial if needed. Staying organized, keeping thorough medical records, and staying in touch with your attorney can all help build a stronger case and lead to a better outcome.

Get help from our Independence, Missouri, personal injury attorneys at Langdon & Emison

Every injury case is unique, and the timeline can vary based on factors like the complexity of your injuries, the number of defendants, and how cooperative the insurance company is.

If someone else’s negligence has injured you or a loved one and you’re ready to pursue justice, contact our personal injury lawyers today at (866) 931-2115 or contact us online for a free consultation. Our experienced attorneys proudly represent accident victims throughout Missouri and are committed to fighting for the compensation you deserve.

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Aftermarket Vehicles: When Modifications Go Wrong

Recreational vehicles (RVs) and converted vans can symbolize freedom with the comforts of home, making their way down Route 66 with “Destination—or bust!” in mind. You think: What’s the worst that could happen? A flat tire. An unreliable fuel gauge. Or worse, a smoking radiator (popular in Hollywood).

The story usually starts the same way – a family invests in a brand-new Winnebago: beautifully customized, complete with a slide-out kitchen and solar panels on the roof. 250 miles down the road, something goes wrong. A fire in the electrical system; or an accident that no one saw coming. We’ve seen these plot twists in our practice many times.

Many consumers don’t realize that many RV’s are extensively modified before they ever reach the sale lot. They are not changes from the manufacturer, but third-party companies. These aftermarket modifications may look seamless, but critical flaws lie dormant under the hood.

These third-party companies are not always required to follow the same federal safety standards (FMVSS) that govern OEMs. Meaning essentials, axles, brakes, wiring, etc. might not have been tested or designed for the conditions the vehicle will endure. They do not test these failures thoroughly, leading to catastrophic injury.

It’s not just RV’s either. Similar risks arise with Limousines, Ambulances, Conversion Vans, ATV’s, police cruisers—these vehicles have been altered using non-OEM parts. Major manufacturers have warned against using these components because they don’t perform the same in crash scenarios. Yet, despite these red flags, insurance companies continue to favor a bargain in cheaper aftermarket parts in repairs.

Limousine Conversions

The limousine industry is prone to looking the other way when safety precautions enter the chat during aftermarket modifications. Believe it or not, most limousines are born as your standard sedan. Then, after they are cut in half, stretched, and reconstructed by conversion companies, they step into their next life of glorified transportation uses. A glamorous night out on the town is, secretly, a ride with questionable structural integrity.

Stretching a vehicle places extraordinary strain on its frame, axles, and suspension. Additional weight is added when you install luxury seating, minibars, entertainment systems, and several people who could fit in a school bus. These additions can have a drastic increase on the load of the limousine, unless these modifications are reliably reinforced and engineered to meet crash standards.

Several recent high-profile limousine crashes highlight how deadly these design shortcuts can be. Investigators throughout the years found that inadequate braking systems and compromised chassis strength are directly related to fatal outcomes in these extended automobiles. The intended function of safety systems such as airbags, crumple zones, rollover protection, etc., is moot for the passengers who often don’t have any idea of these risks. This makes it essential to hold aftermarket companies accountable when prioritizing profit at the expense of safety.

Why These Cases Matter

These are complex cases—requiring careful investigation and a firm that knows where to look (and who to hold accountable). In product liability litigation, the outcome hinges on uncovering what occurred after the vehicle left the factory.

Whether it’s a converted RV, a stretched limousine, or another aftermarket-modified vehicle, the truth is the same: safety cannot be an afterthought. Our firm (and the AAJ) has called for stricter regulations on all kinds of automotive issues, including aftermarket vehicles. And as long as these modifications continue to be allowed, we continue to represent families nationwide who are victims of these unfortunate wrecks.

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Who’s liable in a truck tire blowout accident?

Determining liability in tire blowout accidents seems fairly straightforward: the trucker is driving the vehicle, so any damage the vehicle causes should be on them. However, there’s more nuance to establishing liability in an accident caused by a truck tire blowout, and as the injured victim, you’re entitled to damages from all liable parties.

Our Kansas City truck accident lawyer investigates the crash and holds all liable parties accountable for the harm you suffered. Possible defendants in an accident caused by a truck tire blowout include the commercial truck driver, the trucking company, the tire manufacturer, and the government entity responsible for maintaining the road you were traveling on. Let’s look closer at how each of these parties can be held liable.

The commercial semi-truck driver

Regardless of the negligent actions or oversight of other liable parties in a truck accident, the trucker will almost always be named as a defendant. It’s their responsibility to ensure the vehicle is roadworthy, including inspecting the tires for safety.

Losing control of the vehicle due to underinflated or bald tires, or popping a tire due to reckless driving, makes the trucker liable for the crash.

The shipping carrier that employed the driver

The trucking company that employs the trucker, whether the driver is a direct employee or a contract driver, has a duty of care to properly vet its drivers. This means making sure that all drivers are properly licensed and trained, and that they’re compliant with FMCSA regulations for hours of operation and safe commercial driving. The trucking company is also responsible for ensuring that drivers regularly inspect their vehicles, even if they’re contract workers, as that’s one of the federal requirements for commercial drivers. If the trucker didn’t inspect the truck and the tires blew out, the carrier could be held liable under the legal concept of vicarious liability.

If the trucking company’s drivers operate fleet vehicles, it is the company’s responsibility to ensure that the vehicles are safe, including making sure that the tires are in good condition and replacing those that aren’t. If the carrier neglects to maintain their fleet, and a wreck is due to the semi truck tires failing, the carrier can be held liable in this situation, too.

The tire manufacturer

A manufacturing defect or design flaw could render the semi-truck tires fundamentally unsafe, and more likely to burst if the air inside is overheated or if the tire is overinflated. Part of the case-building that your legal team does involves examining the tires themselves to determine if they were just old and worn, or if a defect contributed to the instability of the tires.

The truck mechanic or fleet maintenance company

If a third-party maintenance company was responsible for tire maintenance and failed to identify problems with the tires or change worn tires, then they could be held liable for negligence. These cases can be a little trickier to prove, as your lawyer must establish that the mechanic knew about the worn or faulty tires but failed to address the problem.

The city or county responsible for road upkeep

Poor road conditions, such as deep cracks in the pavement or potholes, may have contributed to the blowout. In these situations, the government entity responsible for road maintenance or the company contracted to maintain the roads could be liable. However, there are specific protocols for filing a personal injury claim against a government entity; your lawyer may have to work within Missouri’s sovereign immunity laws.

How a lawyer can help you get compensation in a truck tire blowout case

A personal injury attorney concentrating on truck accident cases can help you get fair compensation to cover your medical bills, property damage, lost wages, and pain and suffering. An experienced attorney knows how to build a strong case establishing liability on the part of the trucker and any other third party whose negligence may have contributed to the wreck.

Truck accident claims are typically high-value, as the victim’s medical damages are often over six figures (and so their non-material damages, like pain and emotional trauma, are also higher). Insurance companies typically challenge these high-dollar claims, seeking any reason to minimize them or even deny them outright.

Having an attorney negotiate with the insurance carrier and handle your claim can help you get a much higher settlement than you could on your own. And, if the insurance company refuses to settle for a fair amount, or if your lawyer believes that punitive damages are in order, then they can take your case to trial in civil court.

Have you been hurt in an accident with a commercial driver? We can help you get the compensation you deserve. Call Langdon & Emison today at (866) 931-2115 for a free consultation with an experienced truck accident lawyer.

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Will a personal injury settlement affect my Social Security benefits?

Yes, if you receive benefits from the Social Security Administration (SSA), your personal injury settlement funds could affect whether you still get benefits or lower the amount you receive each month. Whether receiving a personal injury settlement affects SSI depends on which type of benefits you receive.

If you plan to apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) and you have a personal injury settlement in your bank account, if you get a structured settlement payout monthly, or if you anticipate receiving a settlement or jury award soon, then your application for benefits could be denied.

Depending on the amount of your settlement and how you receive the payments, it could be considered income and assets by the SSA, potentially resulting in a loss of SSI benefits. If you receive SSI benefits and have a pending personal injury case, it’s crucial to consult your Independence personal injury lawyer immediately—before receiving your money—so they can assist you in placing those funds into a special account, thereby protecting your SSI eligibility.

How a personal injury award affects your Medicaid and SSI benefits

Supplemental Security Income (SSI) and Medicaid are both needs-based programs, so any change to your monthly income or total calculable assets could affect SSI benefits and Medicaid eligibility. If you receive the settlement as a lump sum, the SSA counts it as an increase in your financial resources in the month you receive it, so your eligibility could be affected if any of that money remains in your account at month’s end.

However, if you plan to use your settlement money to pay off your medical bills and other accident-related expenses in the same month you receive the award, it won’t be counted against the eligibility threshold, and your benefits should remain unaffected.

Medicaid is also a needs-based program; if you rely on Medicaid for your health insurance coverage, you could lose coverage until your monthly income and allowed assets fall back under the allowed amount.

How your settlement affects social security disability benefits

Social Security Disability Income (SSDI) isn’t financially needs-based. It’s an “earned benefit” based on your past work history and contributions to the Social Security system, not your current income or assets. In fact, you’re not even required to report the settlement to the SSA if you only receive SSDI benefits. However, if the injury that initiated the personal injury case changed your ability to work, then you may need to work with the SSA to adjust your SSDI benefits.

How to keep your SSA benefits after receiving a personal injury settlement

You may have received more money in the settlement than you need to cover your outstanding medical bills. Many settlements include money for lost wages and loss of earning potential (if you become disabled and cannot continue working), so part of the money may be earmarked to cover your monthly expenses while you’re out of work.

Many settlements also include damages for pain and suffering and other non-material losses. This money isn’t intended to pay bills, but rather to compensate you for your loss of quality of life.

The money is yours, and any extra that isn’t necessary to cover your medical treatment and other needs is for you and your family, to give you the means to rebuild your life and move toward a positive future. There are a few strategies you can discuss with your lawyer to help you keep your money and benefits.

Spend down the settlement

“Spending down” is the process of spending your settlement lump sum or monthly payout to purchase services (like in-home personal or medical care) and items (like a replacement vehicle or modifications to your house) that won’t be considered assets by the SSA.

Create a Special Needs Trust

A Special Needs Trust (SNT) is structured so that the creator (you) is not in control of the trust and its assets, and therefore does not legally own them. Any monies in an SNT can be used for goods and services that Medicaid and other government benefits don’t cover, so you benefit financially from the trust without being directly in control of its assets. An SNT may only be used to pay for approved expenses, such as non-Medicaid-covered medical care, physical therapy, or in-home caregiving services.

Open a Medicare Set-Aside Account

A Medicare Set-Aside Account (MSA) protects your benefits by separating settlement funds into an account for future medical needs, ensuring this money is not counted toward your Medicaid or Medicare eligibility.

Talk to a lawyer before accepting a settlement

Receiving a personal injury settlement while enrolled in a benefits program can put your eligibility at risk. But with the right legal guidance, you can protect both your recovery and your future.

Are you currently enrolled in a benefits program from the SSA and need help with your personal injury claim? It’s essential to consult an experienced attorney about your options. We can help you. Contact Langdon & Emison today at (866) 931-2115 or contact us online for a free consultation.

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How Personal Injury Claims Are Handled With Pre-Existing Conditions

Not every personal injury victim is in perfect medical condition at the time of their accident. Many have a medical condition or old injury that the accident aggravated. Insurance adjusters love these situations, as they may more readily issue a denial, citing it’s due to a preexisting health condition. However, denying your claim may be a little shortsighted. By law, the presence of the victim’s preexisting condition doesn’t remove the liability of the negligent party.

If you were injured due to someone else’s negligence, you retain the right to file a suit for compensation against the negligent party. However, if the accident worsened your preexisting injuries, and you needed medical treatment for your worsened conditions, you have the right to be compensated for those medical bills. Proving the extent of your re-injury can get complicated, though. Our Independence, Missouri, personal injury lawyer explains how your preexisting condition may affect your personal injury claim and what your legal options are.

How preexisting conditions affect accident injuries

How an accident affects any healing injury or health condition depends on what kind of accident it was and where and how you were hurt. For example, if you have hip dysplasia, with a joint that’s easily dislocated and you get hit on the head. It’s unlikely that you’ll sustain further injury to your hip. In this type of case, you would file a claim based on the head injury, and your weak hip would be unlikely to factor in.

However, let’s say you have the same hip dysplasia condition, and you slip and fall because a grocery store owner didn’t clean up a large puddle of spilled milk. Your hip pops out of the socket, causing a painful dislocation that requires surgery to correct. In this type of situation, your preexisting injury was aggravated because of your accident. And, because you wouldn’t have fallen had the grocery store owner been diligent about cleaning up spills and advising customers of wet floor dangers, you have grounds to file a personal injury claim.

This is just one example of how someone who is medically fragile can sustain a serious injury. People who have sustained head injuries are another common example. Even years after the initial concussion, someone who suffered another blow to the head, which is a common car accident injury, is more likely to sustain serious brain damage than someone who was injured in the same manner, to the same degree, who never had a concussion before.

Defining preexisting conditions as they pertain to personal injury law

A preexisting condition is any health condition you had when the incident occurred or any injury that you suffered before the incident. The plaintiff may be managing their condition well or their injury well on its way to healing when the accident happens, only to suffer a painful re-injury or worsening of their condition in the accident.

Some common preexisting conditions that can be aggravated in an accident like a trip-and-fall, car crash, or workplace injury include:

  • Chronic joint conditions, including arthritis or past injuries
  • Degenerative spinal disorders or cervical spine issues
  • Persistent back pain, sciatica, or herniated discs
  • Recent surgery
  • History of concussions
  • Invisible disabilities, including arthritis, fibromyalgia, or nerve damage

Vitamins who experience re-injury in an accident usually suffer limited mobility, chronic pain, or flare-ups of their medical condition, like inflammation or increased anxiety.

If you were on your way to a full recovery from an injury and the accident hampered your recovery, or if you were able to manage your chronic health condition before the accident and now it’s worse, you can file a claim for compensation for additional medical treatment and your pain and diminished quality of life.

If your medical condition was manageable before the accident and has since become a debilitating one, then you likely have grounds to claim compensation for additional medical care.

The eggshell skull rule and your personal injury case

The Eggshell Skull Doctrine states that a defendant is still liable for any injury their negligence causes the plaintiff and is not limited or absolved because the plaintiff had a preexisting health condition that left them more vulnerable to serious injury.

Applying this doctrine, however, can be challenging; it’s best to have an experienced personal injury attorney, one familiar with using medical records to demonstrate how the accident exacerbated your condition, represent you. Your pre-accident medical records are compared with your post-accident records, demonstrating how the incident further harmed you. Many attorneys, ourselves included, employ the services of medical experts who can explain to the defendant’s insurance company and a jury exactly how the defendant’s actions aggravated your preexisting condition.

Don’t let a pre-existing condition hold you back

If a recent accident has worsened a pre-existing medical condition, you may still be entitled to compensation. The experienced attorneys at Langdon & Emison understand how to handle these complex cases and will fight to protect your rights. Contact Langdon & Emison today at (866) 931-2115 for a free consultation and get the expert legal support you deserve.

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The types of brain injuries a car accident can cause

 


Common types of brain injuries from car accidents

Head and brain injuries are extremely common injuries in car accidents. Many of these result in long-lasting damage to brain tissue. Even “mild” injuries, like a concussion, can leave victims struggling with serious cognitive and physical issues, especially if the victim suffers a loss of consciousness.

If you sustained a head injury in a car crash you didn’t cause, you have every right to seek full compensation from the at-fault driver. We’re here to help. OurIndependence car accident lawyer helps you secure fair compensation for the specialized treatment you need for the best possible recovery.

Common brain injuries caused by car accidents

Concussions

Concussions are one of the most common brain injuries caused by car accidents. A sudden jolt or blow to the head, which could happen by hitting the steering wheel, dashboard, or door frame, causes the brain to smack against the inside of the skull. This impact tears brain tissue, causing symptoms like dizziness, short-term memory loss, confusion, and emotional instability.

A single concussion can be serious, but multiple head injuries over time increase your risk of a sudden onset of cognitive decline.

Contusions

A cerebral contusion is essentially a bruise on the brain. It occurs when the skull strikes an object or surface during a collision, forcing the brain’s soft tissue against hard bone. The symptoms depend on which part of the brain is bruised. Some people suffer from memory loss, sensitivity to light or sound, or difficulty with movement. Others may experience seizures or chronic headaches.

Diffuse axonal injury

Diffuse axonal injuries (DAIs) occur when the brain’s nerve fibers (axons) are torn or overstretched. DAIs are common in high-speed vehicle accidents involving sudden acceleration or deceleration. The aftereffects of a DAI compromise the brain’s communication pathways, which could cause cloudy thinking, poor muscle control, or even a coma.

Hemorrhages and hematomas

A hemorrhage is internal bleeding in the brain, usually the result of direct trauma. As blood collects, it increases pressure inside the skull, damaging the delicate brain tissue and causing additional damage.

In some cases, hemorrhages lead to subdural hematomas, pockets of blood that form between the surface and hard outer covering of the brain (dura). Hematoma and any resulting blood clots can increase the pressure on the brain. Left untreated, hemorrhages and hematomas in the brain can be life-threatening.

Skull fractures and penetrating injuries

The skull is built to protect the brain, but not all areas offer the same level of protection. While the front of the skull is relatively strong, the sides and base are more vulnerable. Even a moderate blow to the vulnerable temple can crack the skull, directly damaging the brain tissue, much like cracking a hard-boiled egg.

When a foreign object penetrates the brain, it tears brain tissue directly. Penetrative injuries carry an especially high risk of infection, swelling, and irreversible brain damage.

Diagnosing brain injuries

Brain injuries are typically diagnosed based on how the damage to the brain occurred:

  • Skull fractures, often accompanying open head injuries
  • Penetrating injuries, which directly destroy brain tissue
  • Oxygen deprivation: the reduced oxygen supply causes brain cells to atrophy or die
  • The effects on the brain damage depend on which part of the brain is injured

Compensation for brain injuries

Within these broader categories, specific diagnoses of brain injuries come with their own symptoms, long-term effects, and treatment plans. The severity of the injury, the part of the brain affected, and whether there was any loss of consciousness, all play a role in determining your recovery timeline.

Your diagnosed brain injury also affects your settlement amount. If you require surgery, accommodations in a memory care facility, or lifelong nursing care, your settlement will be significantly higher than that of someone who only suffered a mild concussion.

Resources for TBI patients in Missouri

Treating brain injuries from car accidents

Medical care for brain injuries often includes physical therapy, cognitive rehabilitation, medication, and sometimes surgery. The cost of treatment can be steep, especially if long-term care is needed. The cost of care quickly adds up, especially if you require treatment in a memory care facility. If you or someone you love suffered a brain injury in a car accident, contact Langdon & Emison at (866) 931-2115 for afree consultation.

Related articles for further reading

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Can I sue my landlord for a personal injury?

Can I sue my Kansas City landlord for a personal injury?

Yes, Missouri law allows tenants to sue their landlords if they are injured due to the landlord’s negligence. If your landlord fails to maintain a safe living environment and you suffer injuries as a result, you can demand compensation.

Keep reading for more from our Kansas City personal injury lawyer.

When is a landlord legally responsible?

To successfully sue your landlord, you must establish their negligence by proving all four elements:

  1. The landlord had a legal duty to address a dangerous condition
  2. They failed to do so within a reasonable timeframe
  3. A reasonable person would recognize the injury risk
  4. Their failure directly caused your injuries and damages

Examples of landlord liability

You fall down a flight of stairs because of a loose railing and wobbly steps that the landlord knew about but failed to repair.


A criminal gains access to a rental property through a broken security door. The landlord may be held liable for any harm committed by the trespasser.

Landlord responsibilities under Missouri law

Missouri landlords are legally required to maintain their rental properties in a safe and livable condition. This includes compliance with state and local building codes and providing the basic amenities for human habitation. Missouri rental property owners must:

  • Ensure working plumbing, heating, and electrical systems
  • Keep structural elements (roof, walls, stairs) in good repair
  • Address mold, pest infestations, and unsanitary conditions
  • Make timely repairs when notified of problems
  • Follow all local building and health codes

Failure to properly maintain the property may give the tenant the right to refuse to pay rent and may be grounds for the tenant to break their lease. Additionally, if the tenant is injured, per Missouri personal injury law, they can sue the landlord for damages.

Security measures

Beyond physical maintenance, landlords must provide reasonable security:

  • Securing gated entryways
  • Ensuring windows are intact
  • Maintaining security systems and fire alarms

If inadequate security leads to criminal access and tenant harm, the landlord may be liable.

When is a landlord not liable?

Not every injury on a rental property is the landlord’s fault. Your landlord may not be liable if:

  • Your injuries resulted from your own negligence (e.g., falling while rushing in stilettos)
  • The landlord wasn’t aware of a hazard and couldn’t reasonably have known about it
  • The landlord didn’t have sufficient opportunity to discover and fix the problem

Let’s say you fell on the stairs because you were wearing stilettos and going down in a hurry. In this case, the landlord wouldn’t be liable for your injuries. Or perhaps the stair railing broke five minutes before you went down the stairs. The landlord’s liability in this case would be tenuous, as they didn’t have sufficient opportunity to learn of the damage and fix it.

Taking legal action against negligent landlords

A safe, habitable property doesn’t just mean the physical space is free from defects. It also includes reasonable security measures to protect tenants from malicious persons who would do them harm. Landlords must make sure that any gated entryway is secure, windows are intact, and security alarm systems, including fire alarms, are in good working condition.

Have you been hurt in your rental property? Contact Langdon & Emison at (866) 931-2115 for a free consultation.

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How to choose the best truck accident lawyer for your case

Kansas City’s position as a major shipping corridor with commercial semi-trucks traveling on I-29, I-35, I-435, I-470, and I-70 makes catastrophic truck collisions an unfortunate reality. When these devastating accidents occur, choosing Langdon & Emison as your truck accident attorneys can make all the difference in your case outcome.

Our firm specializes in handling the complex and contentious issues unique to truck accident claims. Here’s how our Kansas City truck accident lawyers stand out from the crowd.

Specialized knowledge and experience that sets us apart

At Langdon & Emison, we don’t just handle truck accident claims—we specialize in them. Our attorneys possess an exceptional understanding of the unique challenges these cases present, including comprehensive knowledge of Federal Motor Carrier Safety Administration (FMCSA) regulations that govern commercial drivers and trucking companies.

Many truck accidents result from violations of these federal regulations, and our specialized expertise allows us to quickly identify exactly where truckers or their employers failed to comply with the law. Our deep familiarity with trucking industry practices means we readily recognize when drivers have neglected to follow safety protocols.

FMCSA expertise that works for you

While Missouri sets its own commercial driving regulations, our attorneys understand that federal FMCSA regulations take precedence. Our team stays current on all regulatory changes, allowing us to immediately spot instances where drivers have violated federal laws regarding:

  • Commercial Driver’s License requirements
  • Mandatory operating hours
  • Required rest breaks
  • Vehicle maintenance standards
  • Safety protocols

Proven trial experience when it matters most

Truck accident claims are significantly more likely to go to trial than typical car accident cases, particularly when liability is contested. At Langdon & Emison, our attorneys have successfully tried dozens of truck accident cases, maintaining composure and effectiveness under the pressures of court proceedings.

What truly distinguishes our firm is that other law firms regularly consult with us about their own truck accident cases. This recognition from our peers speaks to our reputation as industry leaders in this specialized field.

Check out some of our publications and partnerships:

Track record of exceptional results

During your free consultation with Langdon & Emison, we’ll share our extensive history of successful settlements and jury awards in truck accident cases. Our specialized focus has allowed us to secure substantial compensation for our clients, helping them rebuild their lives after devastating accidents.

Professional recognition and resources

The Missouri State Bar Association can confirm our attorneys’ credentials, specialties, and unblemished professional records. Langdon & Emison has built a reputation not just for handling truck accident claims but for excelling at them.

Our firm commands the resources necessary to thoroughly investigate your case, including:

  • Private investigation teams dedicated to accident reconstruction
  • Professional analysts who evaluate trucker driving and employment records
  • Forensic specialists who extract and interpret data from Event Data Recorders
  • Access to the nation’s leading expert witnesses in medicine, transportation, and trucking
Check out some of our awards and recognitions:

Transparent fee structure

Like most truck accident attorneys, Langdon & Emison works on a contingency-fee basis—we only get paid if we win your case. During your initial consultation, we’ll clearly explain our fee structure, which typically ranges from 33-40% of your final settlement.

We bundle most litigation costs into our percentage, including investigation expenses, record evaluations, forensic analysis, and expert witness fees. For cases with extraordinary requirements, we’ll discuss any potential additional costs upfront, ensuring complete transparency throughout our relationship.

When you need Kansas City’s most experienced truck accident lawyers, we’re just a call away

If you’ve been injured in a truck accident, don’t trust your case to just any personal injury firm. Turn to the specialized truck accident attorneys at Langdon & Emison. Our experience, resources, and track record of success make us uniquely qualified to handle even the most complex truck accident claims. Call (866) 931-2115 today.

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Understanding emotional distress in Missouri personal injury claims

Personal injury cases typically arise from accidents caused by someone’s negligence. Victims (plaintiffs) can seek compensation through lawsuits designed to restore them to their pre-accident condition.

Defendants may be required to pay for the injured person’s medical expenses, lost wages, and property damage, but that’s not all. Missouri law recognizes that personal injuries extend beyond physical harm. Emotional distress compensation is a legitimate claim that covers the psychological impact of an accident. This can include trauma experienced during and after the event.

While many plaintiffs focus on tangible damages like medical bills, emotional distress is an important component of comprehensive personal injury claims. Our Independence, Missouri personal injury lawyers can help you understand your eligibility for this type of compensation. Keep reading for more.

What are non-economic damages in Missouri personal injury claims?

Non-material, or non-economic, damages are intangible losses that victims suffer. Even a relatively minor personal injury, like being rear-ended in a car accident or slipping and falling at the local Hy-Vee, can result in painful injuries. Compensation for pain and suffering doesn’t alleviate your soreness and limited mobility; instead, it’s consideration for your discomfort.

Emotional distress is a very common but not much-talked-about complication in most personal injury claims involving serious injuries. Many people face months of painful recovery, with no guarantee that they will regain their full abilities. Other people may be permanently disfigured, scarred, or disabled. The emotions that come along with facing a new reality and diminished abilities can be overwhelming.

It’s common for personal injury victims to develop anxiety or depression, suffer PTSD, or have their mental health impacted. All of these can be considered emotional distress, but while you’re eligible for compensation, getting the money you deserve requires your attorney to build a strong argument in favor of it.

How can I sue for emotional distress in Kansas City?

Personal injuries, by their name, damage the victim’s person, which includes their physical and emotional well-being. The experience itself, especially a violent one, can cause lasting trauma in and of itself, triggering a decline in the victim’s mental health.

If the accident was bad enough to cause serious, permanent injury, then the victim’s mental state may be even worse. The idea of facing a painful recovery, which could include lengthy physical therapy, skin grafts for burns, or additional surgeries, often causes further distress.

Missouri personal injury plaintiffs can file for compensation if they experience symptoms of emotional distress, like:

  • Loss of enjoyment of life
  • Diminished life quality
  • PTSD
  • Sleep disturbances
  • Anxiety
  • Depression

In Missouri, emotional distress is considered damages directly resulting from the initial incident, so in most cases, you can claim compensation for it.

Can I file for damages if I suffered emotional distress but no physical injury?

Missouri courts require personal injury plaintiffs to demonstrate they suffered tangible (economic) damages before they can file a claim for intangible losses. If the incident did not involve financial losses, such as medical bills or a totaled vehicle, then your claim for emotional distress damages alone is likely to be denied.

How to prove emotional damages in personal injury claims

Plaintiffs in Missouri personal injury claims have the burden of proof. They must show how the defendant is liable for their injuries and draw the link between their injuries and financial losses and the accident. Once the defendant’s liability is established, the next step is showing how the accident and your injuries caused emotional trauma.

Some common ways that your attorney may prove the extent of your suffering include:

  • Medical expert testimony on how the injury affects your life
  • Testimony from therapists or psychologists
  • Receipts for therapy expenses
  • Statements from family, friends, employers, and coworkers comparing your life before and after the injury

The mental distress many victims suffer can be just as debilitating as their physical injuries. In fact, many people may still have trauma even after their physical scars fade. While no amount of money can alleviate your distress, it can give you the means for intensive therapy to help you rebuild your life and move forward.

Legal help for personal injury and emotional distress claims

If you suffered an accident due to the negligence of another person or entity (like a consumer products manufacturer), you have the right to file a claim for emotional trauma if you suffered tangible financial losses from the accident. The attorneys at Langdon & Emison can help you get it. Contact us at (866) 931-2115 for a free consultation to learn more.

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