If you’ve been injured because of someone else’s carelessness, an Overland Park personal injury lawyer can help you pursue the compensation you deserve and ensure you get the medical care you need to heal.
Empower Injury Law handles the legal and insurance headaches so you can focus on your recovery. With personalized support and unwavering commitment, we take care of the details and give you peace of mind.
Let us shoulder the burden. Contact us today for afree consultation.
STEP-BY-STEP SUPPORT FROM OUR OVERLAND PARK PERSONAL INJURY LAWYER
Dealing with an injury is tough. Dealing with a personal injury claim shouldn’t be. Here’s how we simplify the process:
Free Legal Strategy Session
Start with a free consultation. Our Overland Park personal injury lawyer will review your case, explain the process, and answer your questions. You owe nothing unless we win your case.
Client Onboarding
Once you hire us, we gather all the essential details, establish clear lines of communication, and make it easy for you to share documents and stay informed throughout the process.
Medical Treatment & Investigation
We help you access the care you need while we collect evidence, like accident reports, medical records, and witness statements, to build a strong case.
Settlement Demand
We present a comprehensive settlement package to the insurance company that outlines your injuries, establishes liability, and supports your damages claim.
Negotiation
Insurers often try to minimize payouts. We advocate fiercely to negotiate the compensation you deserve.
Settlement or Lawsuit
If the insurance company refuses to offer a fair settlement, we’re ready to take your case to court and pursue the full compensation you’re entitled to.
“I was in a car accident. I experienced back injuries, neck injuries, and ongoing concussion symptoms. It was a very difficult and challenging time in my life and I asked Kevin to represent me.
With everything I was experiencing, life was completely overwhelming. But, Kevin made the court case as easy and as painless as possible. He also helped advise me on different kinds of specialists who could assist me in my recovery. In the end, he got me the highest payout possible.
Kevin is excellent to work with. He is attentive, prompt to respond, patient, and very understanding. It was a great decision to have Kevin represent me, and I would highly recommend him!”
“Thank you Mr. Kevin Jones for such a professional and personable experience during a very difficult time in our lives. Your knowledge, resources, and great communication was able to provide a calmness and reassurance during the process of our personal injury case. Exceeding expectations and fighting to win the best results for our family!”
Our client was an elderly man of modest means who was killed in a car accident by a reckless driver. The other driver claimed that our client was at-fault for causing the accident. After hard-fought litigation, we obtained a financial settlement that provided financial security for his widow and college funds for his grandchildren.
$2,000,000 Motorcycle Accident
Our client was injured in a motorcycle accident when another car crashed into him at an intersection. He suffered a serious brain injury that left him permanently disabled.
At first, the insurance company told his family there was only $100,000 in coverage to pay for his medical bills and replace his income for his family. However, our investigation revealed additional insurance coverages that provided him and his family with much-needed financial resources. Now, he doesn’t have to worry about taking care of his family while he continues to regain his health.
$2,000,000 Bicycle Accident
A teenager struck our client while our client was riding his bicycle around his neighborhood. Our client ultimately died from his injuries.
The teenager had minimum insurance limits, but using creative legal strategies, we were able to unlock millions of additional coverage for our client’s family.
Our client’s widow was able to retire early so she could spend more time with her family, while our client’s children could get a head start on retirement and become first-time homeowners. No amount of money will ever replace a loved one, but we were able to pull a few blessings from this very tragic situation.
$800,000+ Semi-Truck Accident
Our client was hit on the side of her car by a fully loaded semi-truck when the truck driver made a last-second lane change to avoid taking an exit on the highway. Our client suffered spinal injuries that were so severe she couldn’t work in her job as a house cleaner anymore, and she didn’t have health insurance to get the treatment she needed to get better.
We were able to help her find medical providers who would work with her insurance situation. Then we got her a settlement that paid off her medical bills and put a large amount in her pocket so she could start a new career as a real estate investor. She’s doing well now.
$300,000 Car Accident
Our client was t-boned by a young driver when he was passing through an intersection on his way home from work. He suffered a serious concussion and soft tissue orthopedic injuries that made it difficult for him to work in his landscaping job.
The insurance company initially offered him $10,000, but after we got involved, we were able to get the full limits of the at-fault driver’s insurance policy. He used the money to support himself and his family while transitioning to a less labor-intensive career.
UNDERSTANDING PERSONAL INJURY CLAIMS IN OVERLAND PARK, KS
If you’ve been hurt because of someone else’s careless, reckless, or even intentional actions, Kansas law gives you the right to seek compensation. That’s what a personal injury claim is all about: holding the at-fault party accountable and helping you recover what you’ve lost.
In Overland Park, these claims often come from car accidents, dangerous property conditions, or defective products. And depending on what happened, your case may fall under one of three legal categories:
Negligence
Most personal injury cases are based on negligence. This means someone failed to use reasonable care, and their carelessness caused your injury. For example, if a driver runs a red light and crashes into your car, or if a store leaves a spill unattended and you slip and fall, those actions may be considered negligent.
Intentional Harm
If someone hurt you on purpose, such as in a case of assault or battery, you can still bring a personal injury claim. These civil claims are separate from any criminal charges and can help you recover compensation for your injuries, medical bills, and emotional distress.
Strict Liability
In some cases, like those involving defective or dangerous products, you don’t have to prove that anyone acted carelessly or intentionally. If a product is dangerous and causes injury, the manufacturer can be held strictly liable under Kansas law.
WHAT YOU NEED TO PROVE IN A KANSAS PERSONAL INJURY CASE
To successfully pursue a personal injury claim in Kansas, you must prove four key elements.
Duty of Care First, we must show that the other party had a legal duty to act safely. For example, drivers must follow traffic laws, and store owners must keep their floors safe for customers.
Breach of Duty Next, we’ll prove that they failed to meet that responsibility—for example, speeding, texting while driving, or ignoring a known safety hazard.
Causation Then we connect the dots. We’ll show that their actions (or failure to act) directly caused your injury. In other words, if they hadn’t acted that way, you wouldn’t have been hurt.
Damages Finally, we’ll need to demonstrate what the injury cost you—medical bills, missed work, property damage, emotional distress, and more.
UNDERSTANDING MODIFIED COMPARATIVE NEGLIGENCE IN KANSAS PERSONAL INJURY CASES
Kansas follows a modified comparative negligence rule in personal injury cases. This means that more than one party can be held responsible for an accident, and your compensation may be reduced based on your share of the fault.
How It Works
Under Kansas law, you can recover compensation only if you are less than 50% at fault for the accident. If you are 50% or more at fault, you cannot recover any damages. If you’re less than 50% at fault, your compensation will be reduced by your percentage of fault.
Imagine you were injured in a car crash at the intersection of College Boulevard and Metcalf Avenue, one of the busiest intersections in Overland Park. You were driving slightly over the speed limit when another driver ran a red light and collided with your vehicle.
– You’re found 30% at fault for the crash because you were speeding.
– The other driver is 70% at fault for running a red light.
– Your total damages amount to $100,000.
– Because you’re 30% at fault, your compensation is reduced by that percentage.
– You would still receive $70,000 for your injuries and losses.
Why It Matters
Insurance companies often try to overstate your share of the blame to reduce or deny your claim. That’s where Empower Injury Law steps in. We investigate your accident thoroughly, gather evidence, and work with experts to ensure your fault percentage is fair and you receive the maximum compensation you deserve.
Don’t let insurance companies shortchange you. Let an experienced Overland Park personal injury lawyer protect your rights.
STATUTE OF LIMITATIONS FOR PERSONAL INJURY CLAIMS IN KANSAS
If you’ve been injured in an accident in Overland Park or anywhere in Kansas, timing matters. The statute of limitations sets a strict legal deadline for filing a personal injury lawsuit, and missing that deadline can permanently bar you from seeking compensation.
Personal Injury Claims
In Kansas, you typically have two years from the date of your injury to file a personal injury lawsuit. If you miss this deadline, the court will likely dismiss your case, no matter how strong it is.
Wrongful Death Claims
If a loved one has passed away due to someone else’s negligence or intentional act, Kansas law allows surviving family members to file a wrongful death claim within two years of the date of death, not the date of the injury.
Special Rules for Government Liability
When the negligent party is a government agency or employee (such as injuries caused by poor road maintenance or city-owned vehicles), a separate set of rules applies. Under the Kansas Tort Claims Act, you may need to file a formal notice of your claim within a much shorter timeframe, sometimes within 120 days of the incident.
Missing this notice deadline can prevent your claim from proceeding, even if the standard two-year window has not passed.
Time passes quickly when you’re recovering from an injury. Working with an experienced Overland Park personal injury lawyer ensures your case is filed on time and built for success.
COMPENSATION FOR OVERLAND PARK PERSONAL INJURY VICTIMS
ECONOMIC DAMAGES
These cover the direct financial impact of your injury—expenses you’ve already paid and those you’re expected to pay in the future. Economic damages are supported by documentation like medical bills, receipts, pay stubs, and expert estimates. They may include:
Medical Expenses: ER visits, surgeries, physical therapy, prescriptions, and necessary medical equipment
Lost Income and Future Earnings: Wages you’ve lost due to time off work, and future income if your injury affects your long-term earning ability
Property Damage: Personal items damaged in the incident, such as your vehicle, phone, clothing, or other valuables
NON-ECONOMIC DAMAGES
These damages reflect the personal hardships caused by your injury—things that don’t come with a price tag but deeply affect your daily life and emotional well-being:
Pain and Suffering: The physical pain and discomfort you’ve experienced—and may continue to live with
Emotional Distress: The psychological toll of the injury, including anxiety, depression, or PTSD
Loss of Enjoyment of Life: When you can no longer do the things you love—whether it’s hobbies, exercise, or spending time with your kids
While these losses aren’t always easily measured, Kansas law allows you to be fairly compensated for their impact.
KANSAS LAW CAPS ON NON-ECONOMIC DAMAGES
Personal Injury Claims
In 2019, the Kansas Supreme Court struck down the cap on non-economic damages in most personal injury cases. That means there is now no limit on how much a jury can award for pain, suffering, emotional distress, or loss of enjoyment of life, as long as the case is against a private party.
Claims Against Government Entities
Different rules apply if a state or local government agency, like a city, county, school district, or public hospital, caused your injury. Under the Kansas Tort Claims Act, your total recovery (including both economic and non-economic damages) is capped at $500,000.
This cap applies regardless of the severity of the injury or the number of people injured in the incident. Additionally, punitive damages are not recoverable against a governmental entity.
Wrongful Death Claims
For wrongful death cases, Kansas law still limits non-economic damages to $250,000, regardless of how many family members are affected. This cap remains in place because wrongful death is a statutory claim, and the courts haven’t overturned it.
PUNITIVE DAMAGES
Punitive damages are designed to punish a wrongdoer, not just compensate the victim. While most personal injury awards focus on covering losses like medical bills, lost income, and pain and suffering, Kansas law allows the court to award punitive damages in cases involving willful, fraudulent, malicious, or grossly negligent actions.
Punitive damages are capped by Kansas law and must go through a two-step legal process before being awarded.
Legal Requirements for Punitive Damages in Kansas:
Clear and Convincing Evidence The injured party must prove that the at-fault party acted with willful or wanton conduct using clear and convincing evidence—a higher standard than what’s required for other damages.
Separate Court Determination The amount of punitive damages is not decided by the jury during the main trial. Instead, if the court allows punitive damages, a second phase takes place to determine the amount.
Kansas Caps on Punitive Damages
Kansas law limits the amount of punitive damages that can be awarded. Here’s how it works:
Initial Cap: The court must start with the lesser of:
The at-fault party’s highest gross income from any one of the five years before the misconduct, or
$5 million
If That’s Too Low: If the judge finds that the amount isn’t enough to serve as a real punishment, they can raise the cap to up to 50% of the at-fault party’s net worth. This only applies if the income-based cap is considered clearly inadequate.
If the At-Fault Party Profited: If the at-fault party made a profit from their misconduct, and that profit exceeds the cap, the court may instead award up to 1.5 times the profit gained (or expected to be gained) from the wrongful conduct.
Let’s say a company made $1 million in its best year, had $10 million in net worth, and made $6 million in profit from the misconduct:
The default cap is $1 million.
If the court finds $1 million isn’t enough to punish the company, it could go up to $5 million (50% of net worth).
However, since the misconduct earned the company $6 million in profit, the court could instead award up to $9 million in punitive damages, 1.5 times the profit gained.
HOW MUCH IS MY OVERLAND PARK PERSONAL INJURY CASE WORTH?
Every personal injury case is unique. The value of your claim depends on several key factors, like the severity of your injuries, the cost of medical care, lost wages, and how the injury has affected your daily life and future. Understanding how compensation is calculated can help you make informed decisions. This quick video breaks down the most important factors that determine the value of your personal injury case.
Empower Injury Law analyzes every detail to maximize your compensation, whether through strategic negotiation or trial. We’re here to ensure you get every dollar you’re entitled to.
MISTAKES TO AVOID AFTER AN ACCIDENT
The moments after an accident are overwhelming, but your decisions can directly impact the outcome of your personal injury claim. Here are the most common mistakes people make and how to avoid them:
Skipping Medical Care
Even if you feel okay, always see a doctor as soon as possible. Some injuries, like concussions, whiplash, or internal bleeding, may not show symptoms right away. Delaying care not only risks your health but also makes it harder to prove your injuries were caused by the accident.
Follow all recommended treatments and keep records of every visit, test, and prescription.
Not Reporting the Incident
Failing to report the accident, whether to the police, property owner, or your employer, can seriously weaken your case. An official report creates a paper trail that documents the event and can serve as critical evidence later.
Always get a copy of the police report or incident report for your records.
Admitting Fault
It’s natural to want to say “I’m sorry,” especially if you’re shaken up. But even a simple apology can be interpreted as an admission of fault and used against you later, even if the accident wasn’t your fault.
When speaking to others at the scene or insurance companies, stick to the facts. Let the investigation determine liability.
Not Documenting the Scene
If it’s safe, take photos and videos of the accident scene, vehicle damage, injuries, road conditions, or any hazards. Get the witnesses’ contact information and note anything unusual that could support your claim.
Memory fades fast. Write down your version of events as soon as possible.
Accepting the First Settlement Offer
Insurance companies often offer quick settlements to limit their payout. These initial offers rarely cover the full extent of your medical bills, future treatment, lost wages, and pain and suffering.
Never sign anything or accept a check without talking to a personal injury lawyer who can assess whether the offer is fair.
Protect Yourself From the Start
At Empower Injury Law, we guide Overland Park accident victims through every step of the process, starting with what to do right after an accident. If you’ve already made some of these mistakes, don’t panic. Contact our personal injury lawyer today, and we’ll help you move forward.
HOW MUCH DOES A PERSONAL INJURY LAWYER COST?
If you’ve been injured in Overland Park, the last thing you need is more financial stress. At Empower Injury Law, we believe everyone deserves quality legal representation.
No Upfront Costs
You won’t pay anything out of pocket to get started. Your initial consultation is 100% free, with no hidden charges.
You Only Pay If We Win
We work on a contingency fee basis, which means we only get paid if we recover compensation for you through a settlement or trial. If we don’t win, you owe us nothing. It’s that simple.
Transparent and Straightforward Terms
From day one, we’ll clearly explain how our fee structure works—no legal jargon, no fine print, and no surprise fees. You’ll have all the information you need to make the best decision for your future.
CONTACT AN OVERLAND PARK PERSONAL INJURY LAWYER TODAY
You don’t have to go through this alone. Whether you’re recovering from a car accident, slip and fall, or another injury, Empower Injury Law is here to support you every step of the way.
We’ll listen to your story, explain your legal options, and work tirelessly to help you recover the compensation you need to move forward, always with no upfront costs and no pressure.
Call (816) 892-9909 or contact us online to schedule your free, no-obligation consultation today.
Free Case Review
Legally Reviewed by
This page was fact-checked and approved by Kevin Jones, a personal injury attorney with over 15 years of experience and a frequent speaker on personal injury topics. Voted the #1 attorney in the Courier Tribune and Gladstone Dispatch’s “Best of the Northland” annual community survey, Kevin has empowered hundreds of clients to reclaim control of their lives after serious injuries, helping them restore their finances, support their families, and move forward with confidence. His commitment to accurate, trustworthy guidance makes every page a reliable resource for those seeking support on their path to recovery.
I was in a car accident in Missouri and had no idea how to deal with all the medical bills or insurance stuff. Thankfully, I found this amazing personal injury lawyer. Kevin and his team handled everything from start to finish, and not only did they get me a great settlement, but they also got my medical bills reduced and paid off! I even ended up with a nice amount in my pocket. The whole team was super helpful, keeping me in the loop the whole time. If you need a car accident lawyer who actually cares and gets things done, I can’t recommend them enough!
—JM
Kevin went above and beyond to get the max amount awarded to me in a settlement for an automobile accident I was involved in. He guided me through the process and advocated for me until we were able to get the best settlement possible in my case. His experience, knowledge, negotiation skills, communication, and follow through took the stress off my plate and made something that could have been extremely difficult and stressful for me, an easy and stress free process. I would highly recommend Kevin if you are in need of a trustworthy and reliable lawyer who will fight for you.
—HS
After a car accident and a terrible time with the insurance companies, I contacted Kevin Jones. He jumped right in and was able to work with all parties to get a great settlement offer. He made the process easy and gave me great advice about which steps to take moving forward. I am grateful for his help and would definitely recommend him to my family and friends, should they ever find themselves in a similar situation. It is very comforting to have an expert on your side. Thank you!
—SB
I was involved in a car accident that left my life changed forever. Hiring Kevin Jones was the best decision my wife and I made after. He went to battle with the insurance companies and got me the the treatment I needed. His skills awarded my wife and I a substantial recovery along with peace of mind that we were never alone. Thank you Kevin for all the hard work you put in to protect us and keep me moving forward with my recovery.
—CJ
Kevin helped us with a moto vehicle accident. He was knowledgeable, respectful and truly was concerned with our well-being. Most importantly, he listened to us. He explained the process he would go through in dealing with the insurance companies and handled everything. We didn’t have to worry about dealing with anything except recovering from our injuries and for that we are extremely grateful!
—JS
Kevin came highly recommended by another attorney I had worked with, so he’s well thought of in the legal community and is considered an expert in his field. He’s knowledgeable, professional and experienced, so he made a very bad situation manageable. He’s also a very kind person and was so helpful during the entire process.
