A criminal defense attorney should be consulted for a case involving personal injuries due to a car accident, whether you’re the one bringing the claim, or you’re being accused of causing the accident. Even if the case is being handled through the insurance claims process and no personal injury lawsuit has been filed, you should still consult a criminal defense attorney because of their knowledge of personal injury law.
A car accident injury case commonly relates to the statute of limitations for filing a lawsuit.
A statute of limitations is a law that sets a time limit on the right to file a civil lawsuit. The standard time limit for Missouri personal injury lawsuits is five years, as stipulated in the Missouri personal injury statute of limitations, RSMo §516.120. In the state of Kansas, an injured party has two years to file a lawsuit for a personal injury. The statute of limitations in Kansas is found in Kan. Stat. §60-513(a)(4) (2016). Once the statute expires, a lawsuit cannot be pursued. As with most laws, there are some exceptions to the statute of limitations for personal injury lawsuits.
Defense of a car accident personal injury lawsuit falls into one of two categories – legal defense or factual defense. A legal defense is one that prohibits a claim based on existing law or legal rules. A factual defense depends on the specifics of the accident, which can include contributory or comparative negligence, and failure to mitigate damages.
Many accident injury cases evolve into a full-blown lawsuit where the injured party seeks financial compensation for their injuries and other losses. You are at risk of losing everything – your home, your savings, your driving privileges – even your future earnings when someone brings a lawsuit against you.
If you’re found to be at fault you’re at risk for criminal charges such as manslaughter or criminal negligence, which makes it imperative that you contact a criminal defense attorney as soon as possible and get started preparing for your defense.
Car accidents that result in significant property damage, personal injury to someone – or worse, in someone’s death – is a scenario in which you need an experienced criminal defense attorney on your side, especially if your insurance coverage limits are bare-bones liability. Even if you have full coverage auto insurance, most insurance companies don’t want to pay to settle a claim if they don’t have to, or at the very least will make a low-ball offer. In most cases, a criminal defense attorney will attempt to negotiate a settlement agreement that satisfies the opposing party and won’t leave you bankrupt.
A criminal defense attorney with established common legal and factual defenses as well as experience negotiating settlement agreements is essential to getting a good outcome to a car accident injury case.
Craig Divine, of Divine Law LLC, is an experienced criminal defense attorney serving the greater Kansas City metro, including Platte County, Missouri, Cass County, Missouri, Jackson County, Missouri, Johnson County, Kansas, Wyandotte County, Kansas and all cities within the area.