AN INSIDER'S GUIDE TO ACCIDENT

& INJURY LAW IN MISSOURI & KANSAS

ABOUT THE AUTHOR

Kevin McManus is an attorney representing individuals in Missouri and
Kansas who have been injured or harmed due to the negligence of
another. He is also the author of numerous consumer books and legal
reports, which can be found online at KevinMcManuslaw.com.

Kevin is passionate about protecting the rights of those he represents.

He wrote this book to give you the information you need to protect
your rights if you or a loved one are injured in an accident. This book
will tell you what you need to know and do before you talk to the 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM
insurance adjuster, hire an attorney or sign any forms.

In addition to practicing law, Kevin has served on the City Council for
Kansas City, Missouri since 2015. He has extensive knowledge and
experience in transportation and infrastructure laws due to his role
with the city and his prior service as a member of the Missouri House of
Representatives for five years.

Kevin has been recognized as "Best of the Bar" by the Kansas City
Business Journal and as a Super Lawyers "Rising Star" in Missouri and
Kansas. In 2013, the Missouri Bar presented Kevin with a legislative
award for his contribution to civil justice issues while serving in the state
legislature.

A native of Kansas City, Kevin earned his undergraduate degree from

the University of Notre Dame and his law degree from Saint Louis
University. He resides with his wife and their two sons in Kansas City,
Missouri.

KEVIN '.J. MCMANUS

ACCIDENT & INJURY ATTORNEY IN MISSOURI & KANSAS
An Insider’s Guide to Accident & Injury
Law in Missouri & Kansas

CRASH COURSE:
9 MISTAKES THAT CAN
WRECK YOUR INJURY
CLAIM
CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

Kevin J. McManus
Law Office of Kevin J. McManus
1100 Main Street, Suite 2620
Kansas City, MO 64105
www.KevinMcManusLaw.com
816-203-0143

Copyright © 2018 by Kevin J. McManus

1st Edition

All Rights Reserved. This report may not be used or

reproduced in any manner without the written
permission and consent of the author.

Printed in the United States of America.

ISBN: 978-0-692-16001-5
$16.95

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

If you can answer YES to these questions,

our firm may be able to help you.
1. Do you have total expected medical bills and lost
wages (not just out-of-pocket expenses) of at least
$3,000?

2. Was the accident the fault of someone else?

3. Was there visible damage to your car?

4. Did you seek medical treatment soon after the

accident?

5. Are you following the recommended treatment of

your doctor?

6. Did the accident occur less than two years ago?

If you answered YES to each of these questions,

please call us at 816-203-0143.

1100 Main Street, Suite 2620

Kansas City, MO 64105
www.KevinMcManusLaw.com
816-203-0143

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LEGAL DISCLAIMERS:
THE INFORMATION IN THIS REPORT CONTAINS
GENERAL STATEMENTS AND IS NOT INTENDED AS
LEGAL ADVICE OR LEGAL OPINIONS. THIS REPORT DOES
NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
YOU SHOULD NOT ACT OR RELY UPON THE
INFORMATION IN THIS REPORT WITHOUT SEEKING THE
ADVICE OF AN ATTORNEY BECAUSE CHANGES IN THE
LAW OCCUR FREQUENTLY AND YOU SHOULD CONSULT
WITH AN ATTORNEY WITH RESPECT TO YOUR
PARTICULAR SITUATION. ADVERTISING MATERIAL: THE
CHOICE OF A LAWYER IS AN IMPORTANT DECISION AND
SHOULD NOT BE BASED SOLELY ON ADVERTISEMENTS.
PAST RESULTS AFFORD NO GUARANTEE OF FUTURE
RESULTS. EACH CASE IS DIFFERENT AND IS JUDGED ON
ITS OWN MERITS.

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Read Inside to Learn

What Insurance Companies
Don’t Want You to Know About
Your Injury Claim.
If you or someone you love has recently been injured in an
accident, you may have questions like:

• What will the insurance company offer me for my

injuries?

• How will I know if the insurance company’s

settlement offer is fair?

• Should I hire an attorney to represent me, and if so,

how do I find the right one?

• Should I give a recorded statement to the insurance

adjuster or sign their forms?

• Who will pay my medical bills?

• Will I be paid for the time I’m losing from work?

• What do I do if the person who hit my car doesn’t have

car insurance?

If you or someone you care about has any of these concerns,

this book is for you. Please keep reading, and if you have
questions or would like to speak with our firm about your
claim, please call 816-203-0143. We would love to hear from
you, and your question or issue may help us improve future
versions of this book.

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Table of Contents
Forward: Who Wrote This Book and Why? ................................ 9

About Kevin McManus:................................................................ 11

How Is Our Law Firm Different? ............................................... 12

10 Myths About Injury Cases ....................................................... 15

What Is a Personal Injury Case? .................................................. 16

What Must You Prove to Win?.................................................... 18

A Few Words About Insurance Companies .............................. 21

Do You Need an Attorney? ......................................................... 25

What Are the Benefits of Hiring an Attorney? .......................... 26

How Do I Find a Qualified Injury Attorney? ............................ 27

What Does an Experienced Injury Attorney Do? ..................... 32

Who Should Pay for My Medical Bills? ...................................... 36

What is Subrogation? ..................................................................... 39

Watch Out for ERISA Subrogation ............................................ 40

Who Will Pay My Lost Wages? .................................................... 41

Can My Employer Fire Me? ......................................................... 42

What Damages Can I Recover? ................................................... 43

How Much is My Case Worth? .................................................... 46

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What is the Legal Process for an Injury Case?.......................... 50

9 Mistakes That Can Wreck Your Injury Case .......................... 53

Why Should You Consider Hiring Our Firm? ........................... 63

What Cases Do We Generally Not Accept? .............................. 65

Post-Accident: The Next Steps .................................................... 68

Conclusion ...................................................................................... 70

Why Experience Matters ............................................................... 71

A Few of Our Case Results .......................................................... 75

What Others Are Saying ............................................................... 84

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Forward:
Who Wrote This Book and Why?
Dear Reader:
I wrote this book to help
people who have been
injured in accidents in
Missouri and Kansas. If you
or a loved one have been
injured in an accident, you probably have a lot of
questions. The insurance company may be calling and
asking you to sign their forms. They may have even
offered you money. You may be wondering if you need
an attorney.
This book is for you. It will give you the inside
information you need before you talk to the adjuster,
sign any forms or hire an attorney. You may not even
need to hire an attorney, but please read this book
before you do anything else.
For many years, I have represented individuals in
Missouri and Kansas who have been injured in
accidents. Early in my career, I worked at a “big firm”
and represented insurance companies. Through that
experience, I learned the inner workings of how big
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insurance companies deny claims and make money. It

was not a good fit for me, but it taught me how
insurance companies and their attorneys evaluate cases
and avoid paying claims.
I am inspired everyday by my clients’ stories,
whether it’s the executive who returns to work despite
functional deficits, the teenage girl who sees her scars
as badges of courage, the laborer who starts a new trade
due to limitations from a car crash. Our firm exists to
help our clients succeed despite tremendous
challenges. This book shares some of the lessons we
have learned along the way. My hope is that it will be
helpful to you and others who may be struggling with
similar issues.
If you have any questions about this book or a
specific legal issue, please feel free to call our office.
Please feel free to look to us for help when you need it.
We would be excited to serve you.
Sincerely,

Kevin McManus
www.KevinMcManusLaw.com

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About Kevin McManus:

➢ Attorney representing individuals injured in
accidents
➢ Named “Best of the Bar” by Kansas City Business
Journal
➢ Recognized by SuperLawyers Magazine as a “Rising
Star”
➢ Licensed in Kansas and Missouri with active trial
practices in both states
➢ Graduate of Roberts Trial Academy, Kansas City
Metropolitan Bar Association
➢ Member of City Council in Kansas City, Missouri,
with extensive knowledge and experience in
transportation laws
➢ Former member of the Missouri House of
Representatives and recipient of legislative award
from the Missouri Bar for contributions to civil
justice issues
➢ Author of numerous consumer books and reports

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How Is Our Law Firm Different?

W e are different from most law firms. We know

all our clients by their name. Our purpose is
simple—to help our clients achieve their highest
potential in spite of whatever challenges they face. We
believe we can best do that when we know our clients
as people and not just as numbers.
This philosophy and set of values guide how we do
our work and the experience you will have if you hire
our firm. Our goal is not to be the biggest law firm in
the state. We do not rely on a high volume of cases.
We do not advertise on television or in the yellow
pages. We do not claim to handle every kind of legal
case. We do not want to do every kind of case, and
frankly, we do not need to.
We only accept a limited number of serious injury
and accident cases each year. Unlike some “injury mill”
firms, we do not accept cases with questionable merit
or try to settle large numbers of cases for pennies on
the dollar. Our paralegals and assistants do not
negotiate cases with the insurance company. By
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limiting our practice and taking fewer cases, we are able

to give each of our clients the attention and care that
they deserve, and we believe this produces better
results.
We take pride in our results-driven, client-centered
approach. Communication with our clients is a critical
part of this. We will explain the legal process to you,
answer all your questions, and keep you informed
about your case.
Sometimes the advice you receive when you are
considering a lawsuit is that you do not have a claim
that can be won. If that is true, we will tell you. We
will also tell you if we think that you are better off
handling your claim without an attorney.
But, if we are your attorney, you can rest assured
that you will receive our personal attention. We will
aggressively represent you, keep you advised on the
progress of your case, and give you straight advice on
whether you should settle or go to trial.
Together, we will act as a team to decide on the best
strategy to resolve your case.

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8 Myths About Injury Cases

➢ The insurance company for the party that caused
the accident cares about you and wants to help you.
➢ If you are reasonable with the insurance company,
they will be reasonable and fair with you in return.
➢ If the accident wasn’t your fault, the insurance
company for the “at fault” party must pay your
medical bills and lost wages as they are incurred.
➢ If the insurance company asks for a recorded
statement, you must give it to them or they will not
make you a settlement offer.
➢ Any attorney can handle an injury claim with the
same level of skill and competence, especially if they
advertise.
➢ Your lawyer should refer you to doctors and that
will help your case.
➢ There is a mathematical formula for calculating a
fair settlement.
➢ Juries in Missouri and Kansas always side with the
person who was injured and are very generous.
This Book Dispels These Myths and Gives You
Inside Information for Your Injury Claim!

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What Is a Personal Injury Case?

L et’s start at the beginning: what is a personal injury

case? When attorneys say that they handle
“personal injury” or “wrongful death” cases, what does
that mean? A personal injury case is any type of claim
where a person has been injured due to someone else’s
carelessness, recklessness or intentional act. In these
circumstances, an injured person may make a legal
claim to recover compensation for injuries and other
damages caused by the other party. Personal injury
claims can result from a car, truck or motorcycle
accident, dangerous property condition, defective
product, dog bite — the possibilities are endless.
If someone’s carelessness or recklessness causes the
death of a person, a “wrongful death” claim arises. The
law of each state or jurisdiction differs significantly
regarding what can be recovered in a wrongful death
case. You need an attorney who understands the
particular wrongful death laws that apply.
If you were in a car accident and the only damage
was to your car, you do not have a personal injury
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claim, but you may have a property damage case. Our

firm does not handle cases with no injuries and only
property damage, but there are attorneys who do. If
you were injured and your car was damaged, then you
have both a personal injury and a property damage
claim. Your insurance company (if you have collision
coverage) or the other driver’s insurance company may
pay your property damage claim. Your personal injury
claim is often a more complicated legal matter.
After an accident, the most important thing is to
seek prompt medical treatment for your injuries. As
you progress in your recovery, you also need to be
thinking about how to protect your legal rights.
Unfortunately, many injury victims do not think
about this until it is too late. They may not properly
document what happened, conduct an investigation
into the cause of the accident, or take the steps
necessary to pursue a settlement or file a lawsuit. It is
important to understand that you are not entitled to
money just because you were hurt. You have to prove
certain things to be legally entitled to compensation.

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What Must You Prove to Win?

T o win your case, you must prove that your injuries

and damages were caused by someone else’s
carelessness or recklessness. If you have been injured
in an accident and no one was at fault, then you will
lose your case, and you will not recover any money. If
you sue the wrong person, or if you wait too long to
sue, you will also lose your case. If you already had an
injury before the accident, you are only entitled to
compensation to the extent your injury was made
worse by the accident. This is sometimes difficult to
prove. If you were partially at fault for the accident,
you may not be able to recover anything, or your
recovery may be reduced by the amount you were at
fault, depending on the state law that applies and how
much you were at fault.
Our experience in dealing with personal injury and
wrongful death cases has taught us that accidents can
happen in many different ways and for many different
reasons. By handling a wide variety of injury cases, we
know how critical it is to conduct an immediate

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investigation and take certain steps to protect your

claim. This may include hiring expert investigators,
forensic experts, engineers or other professionals
necessary to prove your claim. Our firm advances
these costs for our personal injury clients so they do
not have to incur that expense. We also help develop
and implement a strategy to maximize your recovery so
you can focus on what is most important — getting
better.

You are going to battle–

but with the right plan, it can be won.

You may not realize it yet, but your injury has put
you in a war zone. Insurance companies, special
interest groups and some in government have declared
war on injured people and their attorneys. They are
waging war in Congress and state legislatures across the
country. Their purpose is to make it harder for injury
victims to be treated fairly and to maximize profits for
the insurance industry. This is no exaggeration — I
served as a member of the Missouri legislature for five
years and saw it firsthand.
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Right now, an army of insurance lobbyists are

working day and night (don’t worry — they are paid
well!) to write and pass laws to make it harder for you
to receive fair compensation. These laws are often
referred to as “tort reform.” This is not a fair fight —
injured people don’t hire lobbyists!

This war is also being waged in the media through

propaganda and public relations efforts with the goal
of negatively influencing juries and their verdicts in
personal injury lawsuits.
These efforts have shifted enormous power and
leverage to insurance companies, which directly
impacts how insurance companies will treat your case.
Insurance companies often refuse to make a fair offer
of settlement until you prove to them that you are ready
and able to go to trial.

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A Few Words About Insurance

Companies

M any of our clients are surprised when they learn

that insurance companies and their claim
agents are not their friends. Clients are shocked to find
out that some insurance companies will deny a claim
even if they know their insured is at fault. I’m often
asked by clients: “Why would they do that?”
The insurance adjusters know they can deny some
claims, and if people are not aware of their rights or
willing to fight back, millions (perhaps even billions) of
dollars will be added to the bottom-line of the
insurance company.
If you talk with the opposing insurance adjuster on
your own, they will use different tactics to get you to
settle your case before talking with a lawyer. Some of
those tactics include:

1. Acting Like They Are Your Friend and

Pretending They Care.

I had a client recently tell me that she thought the

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insurance company was more pleasant before our firm

was hired. I’m sure they were! They were real nice until
they offered to reimburse her for a small fraction of her
medical bills, which is why she hired us. After we got
involved, she received more than enough to pay her
bills and to cover her pain and suffering.
Let me again state the obvious — the insurance
adjuster for the at-fault party is not your friend. They
do not care about you. They want this claim closed for
the smallest amount possible. This is a tactic to stop
you from hiring an attorney and getting the legal advice
that you need to ensure a fair recovery.

2. Arguing About Your Medical Treatment.

Insurance adjusters suddenly become medical
experts when they talk to you on the phone about your
accident. Of course, the treatment the adjuster
“recommends” is much, much less than what your
doctor suggests. They may try to make you feel guilty
for seeking the medical care recommended by your
doctor because “most people are better by now.”
Remember — the insurance adjuster is not your
doctor.
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3. Disputing Medical Charges.

Insurance adjusters will complain about the cost of
medical treatment and that the hospital bills are too
high. Everyone agrees that medical care is too
expensive, but that is not your fault. You were injured
by their insured! You should not be penalized because
the care was expensive — that is why people buy
insurance. Just imagine how much the insurance
adjuster saves if he is able to get everybody to accept a
25% discount.

4. Delay, Delay and More Delay.

The insurance company knows you have missed

work (and may still be missing work) and that your bills
for deductibles and medical care are growing every day.
The more delay by the insurance company, the more
pressure on you to settle for cash. They are well aware
of this financial leverage, and they will use it to get you
to settle your case for much less than you deserve.

5. Requesting Meaningless Information.

By making you find every little piece of information,

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even if it ultimately does nothing to your claim,

insurance companies add unnecessary delay to your
case and continue to earn interest on the money they
are not paying you.

6. Misrepresenting Available Insurance

Some insurance companies will flat-out lie to you

about the amount of insurance available. In certain
circumstances, insurance policies and coverage can be
“stacked,” so there may be more insurance available
than you think. If you knew that, you would fight
harder. Be careful!

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Do You Need an Attorney?

A n attorney is not needed for every small injury

case. Our office will not accept your case if there
is little or no property damage or if your injuries are
very minor. Why not? If your damages are small, you
may be left with very little to pay your medical bills after
the attorney fee and costs are deducted. This would
not be fair to you. However, Missourians and Kansans
who have serious injuries should consider having
someone on their side.

WARNING: TIME MAY BE

RUNNING OUT!

The law imposes strict deadlines to file suit, provide

notice and assert claims for different types of actions.
These time limitations can be short and vary greatly
depending on what law and jurisdiction applies. The
failure to act timely can destroy your claim and right to
compensation. For this reason, it is critical that you
speak with an experienced attorney as soon as you can.

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What Are the Benefits of

Hiring an Attorney?

T here are many benefits to hiring an attorney to

represent you in your personal injury case,
including:

• Having someone on your side fighting for

you, protecting your rights and explaining
how the legal system works.
• Eliminating the stress of dealing with the
insurance company and ensuring that you
receive the fair and full value of your case.
• Removing the pressure of collection agencies
and medical providers calling you about
medical bills because they will be directed to
contact us.
• Maximizing your recovery by negotiating and
reducing liens or claims for payment being
asserted by hospitals, medical providers,
Medicare, Medicaid, etc.
• Ensuring that your case is prepared and ready
for trial if it cannot be settled.
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How Do I Find a Qualified

Injury Attorney?

H iring an attorney to represent you is a very

important task but can be quite overwhelming
and confusing. Your decision should not be made on
the basis of advertising alone. Television, the internet
and Yellow Pages are filled with attorney
advertisements that basically say the same thing. You
should not hire an attorney solely based upon these
advertisements.
How do you find the right attorney for your case?
There are specific questions you should ask to find the
best attorney for your particular case.
Personal injury cases should be handled by
someone who regularly practices personal injury law.
Too often, we have looked at cases that inexperienced
attorneys previously handled. The insurance
companies know which attorneys actually go to court
and try cases and who just settles. The insurance
companies use this information to evaluate their risk
and minimize the amount they offer and pay.

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Here are some tips for finding the right

attorney in your area:

1. Get a referral from an attorney you know. He or she

may know someone who focuses in the area of law
that you need. If you need an attorney in an area
that we do not handle, call us. We can help you find
the right attorney for your case.
2. Before you visit with an attorney, see if he or she
has information like this book available or a website
that details his or her qualifications, experience,
results and verdicts, what past clients have to say,
and the methods used in handling a case.
3. The Internet or Yellow Pages can be a good source
of names. However, please keep in mind the
following: (i) advertisements are not a substitute for
experience and reputation (most of our cases are
from referrals by other attorneys and satisfied
clients); (ii) be careful about attorney
advertisements that claim many different specialties
(for example, family law, criminal law, personal
injury, trusts and estates) because no one can do
everything well; (iii) advertisements typically attract
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a lot of cases, including the small cases of

questionable quality, so be sure the attorney you
hire is selective and able to give your case the
attention it deserves.
4. Be careful about any attorney who rushes you to
sign a contingent fee agreement. Make sure you
read and understand this document. Also, beware
of an attorney who immediately wants to send you
to one of his or her doctors.
5. Ask your attorney if he or she is licensed in the state
where your case will be filed and whether he or she
has ever been disciplined by a state bar.
6. Avoid any attorney who calls you first or who is
associated with a “runner” — a person who “runs”
to a hospital, accident scene or your house to
pressure you to sign a fee agreement.
7. Here are factors to ask a potential attorney about:
a. Experience: How long has the attorney been
practicing? Does he or she concentrate his
or her practice on personal injury cases in the
state where you were injured? Does the
attorney have a record of successfully
resolving a case like yours?

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b. Reputation and respect in the legal

community: Is the attorney known and
respected in the legal community? Has he or
she been recognized or received any awards
from Superlawyers, business journals, or the
state bar association?
c. Publications: Has your attorney written
anything that has been published and was it
on a subject relevant to your case?
d. Continuing Education: Does the attorney
speak at continuing legal education seminars
to other lawyers?
e. Membership in trial lawyer associations: Is
the attorney a member of the Missouri
Association of Trial Attorneys, Kansas Trial
Lawyers Association, or American
Association for Justice? These organizations
offer a variety of education and networking
opportunities for trial lawyers.
f. Client satisfaction: Ask the attorney to show
you what past clients have to say about their
experience.
g. Attorney Rating: Does the attorney have a
rating of “9.0” or above on the attorney
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rating site www.Avvo.com? This rating is

considered “superb” and is based on a
combination of education, experience, and
what other attorneys and clients have said
about the attorney.
h. Communication and Personal Attention:
Ask the attorney who will be handling your
case how he or she will keep you informed
about your case and whether the firm has
sufficient time to take your case. If you are
hiring an attorney for his or her trial skills,
you want to make sure that attorney will be
handling the important aspects of your case.

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What Does an Experienced Injury

Attorney Do?

B elow is a list of the actions our firm takes with

most injury cases. Please keep in mind that each
case is different, and not all of these actions are
required in every case.

• Initial interview with the client

• Educate our client about applicable personal
injury laws and court rules
• Review and analyze the client’s insurance
policies to see what coverage is available to
pay all or a portion of the medical bills while
the claim is pending
• Gather documentary evidence, including
police accident reports, medical records,
films and bills
• Hire an investigator, as needed, to interview
witnesses, locate witnesses, etc.
• Collect other evidence, such as photographs
of the vehicles and accident scene

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• Review and analyze the client’s health

insurance policy or other benefits plan to
ascertain whether any money he or she spent
to pay medical bills must be repaid
• Review and analyze all legal issues, such as
comparative fault and assumption of the risk
• Provide the client a fair, unbiased opinion as
to the merits of the case and the likelihood
of winning
• Talk to the client’s physicians or obtain
written reports from them to understand the
client’s prognosis
• Review and analyze the validity of any liens
on the case that doctors, insurance
companies, welfare benefit plans and
employers may assert relating to the client’s
recovery
• Contact the insurance company to put them
on notice of the claim
• Decide with the client whether an attempt
will be made to negotiate the case with the

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insurance company or whether suit shall be

filed
• If suit is filed, prepare the client, witnesses
and health care providers for depositions
• Prepare and respond to written discovery,
which includes requests for documents and
written questions and answers from the
defendant
• Prepare and take the deposition of the
defendant and other witnesses
• Produce to the defendant all of the pertinent
data for the claim, such as medical bills,
medical records, etc.
• Conduct a scheduling conference to set a trial
date
• Prepare a demand package to send to the
defendant in attempt to settle the case
• Prepare for a possible mediation and/or
settlement before trial
• Prepare for trial, including preparing the
client and witnesses

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

• Organize and prepare medical exhibits for

trial
• Organize and prepare demonstrative exhibits
for trial
• File motions with the court to determine
what evidence will be allowed at trial
• Take the case to trial with a jury
• Review and analyze the verdict to determine
if either side has good grounds to appeal the
case
• Make any recommendations to the client
after the verdict

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

Who Should Pay for My Medical Bills?

I n accident cases in Missouri and Kansas, it is rare

for the other party’s insurance company to make
payments directly to your medical providers for your
bills. This is true even if liability is obvious and they
have already paid for your property damage. The other
driver's insurance company typically only makes a
payment at the time of a final settlement when they can
obtain a signed release of liability from you.
As a result, you should not expect that the other
driver’s insurance company will pay your medical bills
as they are incurred. You should look to one of the
following means to obtain payment of your medical
bills (please keep in mind that an attorney can assist you
in choosing the best method to pay your medical
expenses):
1. Your own health insurance from your place
of employment.
2. Your own health insurance that you paid for
personally.

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

3. Health insurance obtained by your spouse

for your benefit or by your parents if you are
under age.
4. Medical payments or personal injury
protection insurance coverage from your
own insurance policy if you were driving
your automobile or were a passenger in a
vehicle. Sometimes, you can receive this
coverage from the insurance company for
the vehicle you were in as well as your own
insurance company if you were not in your
own vehicle.
5. Medicaid / Medicare / Tricare /
www.Healthcare.gov. If you are not covered
under an insurance plan you may be eligible
for one of these government sponsored
insurance programs. You should contact
your local Department of Human Services to
find out. If you qualify for one of these
programs, it is very that you notify our firm.
We will need to ensure that their lien is

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

identified and timely submitted for

repayment as required by law.
6. Your own personal funds if you were not
insured and are able to pay medical bills as
they are incurred.
If there are insufficient funds to pay doctors,
hospitals, and other medical bills, our office will help
facilitate liens whereby the client authorizes our office
to pay the medical provider directly from any
settlement or verdict. These often will serve to satisfy
the health provider, and they often will wait until the
time of settlement rather than pursue collection against
you.
Keep in mind that some insurance policies have a
subrogation provision. This means they will require
reimbursement from you if you obtain money for your
medical bills from another party or insurance company.
Subrogation is discussed in more detail below.

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

What is Subrogation?

S ubrogation is the process in which an insurance

company seeks reimbursement for what they have
paid. Subrogation can be pursued by certain health
insurance plans for medical bills paid on your behalf in
an accident. Subrogation rights vary based on what
state or federal law applies. For example, in Kansas,
your car insurance company may use subrogation to
seek reimbursement for medical expenses they paid
under your personal injury protection coverage. As a
result, it is important to take into consideration the
amount of money that you will have to pay back from
any proceeds you receive. Also, in certain cases, a
federal law called ERISA may apply as described
below. An experienced personal injury attorney can
explain the subrogation process in more detail and help
you through it.

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

Watch Out for ERISA Subrogation

Y ou should be aware that, if your medical bills

were paid by health insurance of an employer’s
health plan, the insurance company or plan may want
you to reimburse it out of any personal injury recovery.
The laws in some states, including Missouri and
Kansas, generally prohibit such claims, but they may try
to seek reimbursement regardless. This area of law,
known as “reimbursement” or “subrogation” can be
very complicated and is sometimes governed by a
federal law called ERISA (The Employee Retirement
Income Security Act of 1974). Your attorney must
understand the implications of ERISA on your case.
There are other liens that may affect what you
ultimately get paid in your case. If your bills were paid
by Medicare, Medicaid, or Tricare, you may be forced
to pay back a portion of your settlement as
reimbursement for costs paid by government
sponsored health insurance. We routinely help our
clients navigate these complex issues and reduce these
liens to the extent legally possible.

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

Who Will Pay My Lost Wages?

I t is rare in an accident case that the insurance

company for the other party will pay your lost wages
as you incur them. Generally, you have to rely on one
or more of the following as an income source if you are
not able to work after an accident:
1. Short term/long term disability insurance
you may have through work or purchased on
your own.
2. Accident and disability policies you have
through work or purchased on your own.
3. Your own personal funds or borrowing
money from family or friends until you can
pay them back from the money from your
case.

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

Can My Employer Fire Me?

T his is a question we hear from many clients with

serious injuries.
answer is “Yes”.
Unfortunately, the general
Both Missouri and Kansas are
employee-at-will states. This means that your employer
can fire you for any reason or no reason at all so long
as they do not violate anti-discrimination laws or other
applicable state or federal laws.

For example, there are some federal laws such as

the FMLA (the Family Medical Leave Act) and ADA
(American with Disabilities Act). These laws provide
some protection in narrow circumstances. In addition,
if you have an employment contract or are a member
of a union subject to a collective bargaining agreement,
then you may have additional protection such as filing
a grievance. If you are wrongfully terminated, any
claim that arises would be a separate employment law
case.

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

What Damages Can I Recover?

I f your injuries were caused by someone else’s

carelessness or negligence, state law entitles you to
recover various types of damages, including:

Medical Expenses: You are entitled to recover the

cost of all reasonable and necessary medical expenses
incurred and those that are reasonably certain to be
incurred in the future because of your injury. These
expenses include past (already-incurred) medical
expenses and also future medical expenses, which may
be caused by the original injury or that result from an
increased susceptibility to future injury. There will
likely be disagreement on what is included and how to
calculate this figure. However, all forms of care and
treatment, whether hospital, medical, therapy, nursing,
diagnostic testing, surgery, physical rehabilitation or
pain management are included.

Lost Wages: You are also entitled to recover your lost

wages caused by your injuries. For persons who are
hourly or salaried employees, this can be calculated
based on your pay scale and work time lost due to your
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injuries. For self-employed individuals, it can be more

difficult to calculate this figure, but we can use prior
earnings history to support the amount lost.
Loss of Earnings Capacity: If your injuries permanently
limit your ability to earn, you can recover the value of
the reduction in earning capacity if there is reasonable
probability that you will have a loss in earning capacity
in the future. These damages compensate you for your
lost earning power over the remainder of your working
years.
Pain and Suffering: This is compensation for loss of
quality of life including physical pain and mental
anguish you have suffered and will endure in the future
because of your injury. These general damages are in
addition to and may be more than the amount of your
lost earnings and medical expenses.
Scarring or Disfigurement: If the injury causes scarring
or other permanent disfigurement, you may be entitled
to damages for that condition.
Damaged Property. This can include damages to your
car or home, if it was damaged in the accident.

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

Punitive Damages. In certain circumstances, courts

have awarded punitive damages to victims of personal
injury. These damages are meant to punish the guilty
party for his or her actions beyond what the court
deems the victim should receive for his or her losses.
Death: Damages for “wrongful death” are usually
available to the beneficiaries (often the wife, husband,
parent or child) of the deceased person. Damages are
not limited to economic loss and may include damages
for loss of consortium which the law defines as loss of
companionship, comfort, guidance, affection, general
usefulness, industry and attention within the home and
family. Damages are also available for the deceased’s
lost accumulation of value to his/her estate and pre-
death pain and suffering.

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

How Much is My Case Worth?

T his is a question we often hear from clients during

our initial interview. Every case is different, and
we cannot tell you how much your case is worth until
we have all the facts. Be careful of attorneys who tell
you that your case is worth a certain amount before
knowing all the facts. It is a dangerous practice and can
cause problems when it is time to try to settle your case.
Sometimes doctors will change their opinions, factual
witnesses are not able to be found, etc.
Your own liability in the accident will come into
play when it comes to calculating what your case may
be worth. If the court determines that you were, say, 25
percent liable for your accident, your award could be
reduced by that amount. This is an area where different
states have varying laws. For example, in Kansas, if
you are found to be 50 percent liable or more, Kansas
law bars you from recovering anything at all.
For this reason, it is important to do a thorough
investigation and case analysis to value the case
properly. After we have gathered all the facts,
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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

conducted discovery, spoken with your doctors, and

prepared a demand package, then we will be able to
discuss the value of your case.
Another factor that is critical in determining case
value is the amount of insurance the at-fault party has
to pay for your damages. This is important because, if
the other party has no insurance or too little insurance,
your ability to recover may be severely limited. This
issue often arises in the context of car accident cases.

What happens in a car accident if the other

driver has no insurance?

If the other driver did not have insurance, then you

may have coverage under your own insurance policy to
pay for your damages. Missouri and Kansas law require
that every driver have a car insurance policy that
includes what is called “uninsured motorists’
coverage.” If you or a loved one is injured by someone
without insurance, then you should review your
insurance policy to determine the amount of coverage
that you have. One resource you should review is my

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

other book, Buying Car Insurance, which will show you

how to confirm the amount of coverage you have. It
also provides a lot more information on this subject. If
you would like a free copy of this book, please contact
me. There is a form at the end of this book that you
can use to request a copy.

What happens in a car accident if the other

driver does not have enough insurance?

If the other driver had insurance but does not have

enough to cover your bills and damages, then you
should check to see if you have “under-insured
motorist coverage” in your own policy. If you do, your
insurance company may cover the difference between
what the other party has to pay and what you are owed.
Missouri law does not require drivers to carry
“under-insured motorist coverage”. Kansas requires
its drivers to carry a small amount. Regardless, we
recommend that our clients buy as much uninsured and
under-insured coverage as they can afford because for
a small additional price you can receive a lot of

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

additional protection for you and your family. Again,

if you would like more information about this subject,
use the form at the end of this book to request a free
copy of Buying Car Insurance. I would be happy to send
it to you.

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What is the Legal Process

for an Injury Case?

A fter investigating the accident and reviewing all

your medical records, your attorney should have
a strategy to resolve your claim with the insurance
company. Your attorney will help you evaluate your
case and the insurance company’s best offer and
compare it to what you may expect at trial after
deducting the additional costs and expenses for trying
the case. He or she should also explain to you that
juries are unpredictable, and any case can be lost at trial,
even if the case is seemingly clear cut.
Many times, negotiation with the insurance
company before filing suit is not worth the effort.
Insurance companies often use the pre-suit negotiation
only to attempt to find out as much about you, your
attorney and your doctor as they can. Many attorneys
waste precious time attempting to negotiate with the
insurance company before filing suit. If we accept your
case it is because we believe that it has legal merit and
that you deserve a trial if we are not able to reach a

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settlement.
It is a dangerous practice to wait until the last
minute before the statute of limitations expires to file
suit. We have seen other attorneys do this only to find
that the defendant they sued is either not the correct
defendant or is now blaming someone else. This can
ruin the case.
While there can be legitimate reasons for waiting to
file suit, an attorney should not wait until the last
minute with the hope that the insurance company will
settle your case. Unfortunately, we have seen attorneys
not licensed in Missouri or Kansas attempt to represent
people with claims in those jurisdictions. When the
claims do not settle, they try to find an attorney to file
the case on time. This is one reason why it is dangerous
for a client to hire an attorney who is not licensed in
the jurisdiction where the suit must be filed.

Once the lawsuit is filed, both sides begin what is

called “discovery.” Discovery is the process in which
both sides attempt to discover what the evidence will
be and what the other side will present at trial. The

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

defendant will be allowed to review your medical

records, work records and income tax returns. You may
be required to give a deposition under oath and/or
submit to a medical examination by a doctor hired by
the defendant. We are also allowed to conduct
discovery upon the defendant. The defendant will have
to answer written questions called interrogatories,
produce documents and be required to answer
questions under oath in a deposition.

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9 Mistakes That Can Wreck Your

Injury Case

A fter being injured in an accident, most people are

in a complete state of shock. Once that wears off,
adrenaline kicks in, and it becomes easier to operate in
the moment without considering the long-term effects
on one’s actions.

Since you aren’t immediately thinking about filing a

lawsuit, it’s easy to make mistakes at the accident scene
that may dramatically affect a future lawsuit. Other
mistakes can be made later on due to inexperience or
lack of knowledge as to how the legal system works. I
hope that by reading this book, you will have the tools
you need to avoid making the following nine mistakes
that can wreck your injury claim.

Mistake #1: Failing to Document the Accident at

the Scene

A fter an accident, it is easy to forget to document

and preserve evidence of what happened. First,
if you are injured, call 911 and request an ambulance.

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

If it is an accident involving a car, truck or motorcycle,

you should ask for the police to be dispatched too, even
if no one is injured. Police serve two purposes. First,
they ensure the safety of those involved in the crash
and others who are using the roadway. Second, they
will create a police report that documents what
happened and who was involved in the accident. This
report will be important in your legal case.
You should not simply rely on the police to get all
the necessary information. You should also document
where the accident occurred, the license plate numbers
of the vehicles involved, and the names and insurance
companies for the parties. You should obtain the
names, contact information and statements of any
witnesses. You can use the camera on your phone to
take pictures of the scene, the vehicles involved and any
injuries you or others have suffered. If there was a
dangerous condition in the roadway that caused the
crash, take a picture or video of it with your phone.
Pictures and videos are valuable pieces of evidence that
will be useful later on.

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Mistake #2: Failing to Get Prompt Medical

Treatment

I f you are seriously injured, you will likely be taken

to a hospital by ambulance. However, in some
accidents, you may believe you suffered only minor
injuries and think you can tough it out without medical
treatment.

Please do not do this. By delaying treatment, you

are taking a big risk with your health and your legal
case. Some injuries do not show up immediately but
can be very serious. You may have internal bleeding
but not show any external sign of injury. Delay in this
situation can be deadly. Your neck or back pain at the
accident scene may not feel that intense, but weeks or
even months later, you may find out that you have a
herniated disc, the pain is unbearable and you require
surgery. The point is this – just because an injury is not
immediately evident does not mean it is not serious.
Please get prompt treatment so a medical
professional can evaluate, diagnose and treat your
injuries properly and without delay. This can literally

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

save your life. In addition, the longer you wait to get

medical attention, the more difficult it can be to prove
your injuries were caused by the accident.

Mistake #3: Not Following Your Doctor’s Advice

or Missing Appointments

Y ou will damage your claim if your doctor tells you

to go physical therapy three days a week and you
only go once a week. The insurance company will
assume that you were not really injured because you did
not follow your doctor’s recommendations. This will
result in a reduced settlement offer to you.
In addition, if you do not see your physician
regularly, the insurance company will argue that you are
fully recovered. While you should not go to the doctor
every day, you need to see your doctors and tell them
if you are still having problems. If your doctor says
“follow up as needed,” you need to go back in a few
weeks if you are still having problems. If you do not
follow up, the doctor, insurance company, and likely a
jury will believe you have made a full recovery.

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

Mistake #4: Exaggerating Your Injuries or

Hiding Prior Injuries

S ome people think they can increase the settlement

value if they exaggerate the extent of their injuries
or if they hide a prior injury. This is a big mistake —
the opposite is true. When you make an insurance
claim, your medical history is an open book. You
should also be aware that insurance defense lawyers can
and do obtain surveillance videos of claimants.

If there is a medical record or — even worse, a

surveillance video — that contradicts your testimony
about the extent of your injuries or your prior medical
condition, the insurance company will use it to destroy
your credibility and case. This is a simple rule — be
honest. Tell the truth. Obviously, you should be open
and honest very early on with your attorney about your
injuries and medical history so he or she can properly
evaluate your case.

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

Mistake #5: Failing to Report Your Symptoms or

Pain

W hile you should not exaggerate your injuries,

you also should not downplay them.
common mistake injured people make is failing to give
A

an accurate report of their pain or injuries during a

medical exam.

Your medical visits usually start the same way —

the nurse and then doctor ask you a series of questions
about your pain and injuries. It may feel routine, but
your answers are important. Many people do not give
their answers the thought and attention they deserve.
If the doctor comes in and asks, “how you are
doing?,” you may simply reply, “I’m doing okay” or
“Fine, how are you doing?” This seemingly innocuous
reply may be documented later in your medical records
as “the patient says she is doing well today.” That may
not be accurate as to how you feel. However, once it
appears in your medical records, it will be hard to
convince a jury otherwise.

You need to be careful when you describe your pain

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

and injuries. Describe them to your doctor completely

and with specificity. Tell the doctor every single area
of pain you have that is related to the car wreck. If your
neck hurts really bad, you may be tempted to talk about
just that and not mention your foot and wrist pain. Do
not do that! It is important not to exaggerate your
injuries but also not to discount or ignore them. Be
honest, open and detailed when talking to your
physician.

Mistake #6: Signing Documents or Giving

Recorded Statements to the Opposing Insurance
Adjuster

I nsurance companies train their adjusters to be

courteous and pleasant, but you need to be very
careful when you speak to them. Their job is to get
information that they can later use against you and your
case.

What should you do when the adjuster for the other

driver’s insurance company calls you? The simplest
response is to tell them to talk to your lawyer. If you
do not have a lawyer yet, the adjuster will often ask you
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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

to give them a recorded statement about the accident.

They may even tell you that they cannot pay you
anything until you give a recorded statement. This is
not true. You do not have to give them a recorded
statement.
Instead, you should focus on getting better. When
you are ready, you can get a free consultation from an
attorney or review free information like this book, so
you are ready to move forward with your claim.

Mistake #7: Failing to Keep Accurate Tax

Records

T o prove the amount of your lost income caused

by the accident, you must prove what your
income was before you were injured, and tax returns
are used for this purpose. As a result, your tax records
will be provided to the insurance company if you are
seeking to recover lost income due to the accident. If
your tax returns show any misrepresentation of your
income, it will not only damage your credibility and
case, but it will also expose you to criminal liability.
You need to be up front with your attorney so they can
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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

be prepared for any issue. Our firm does not handle

criminal cases, and we will not represent anyone who
cheats on their taxes.

Mistake #8: Delaying and Missing the Statute of

Limitations

S tatutes of limitations are laws that dictate deadlines

for filing suit. These laws vary by state and the type
of claim. If you fail to file your lawsuit before the
statute of limitations expires, you are forever barred
from filing your case. Once that deadline passes, the
insurance company will not pay you any money.

This is an incredibly important area of law, and

accurate information is critical. Do not ever guess
about a statute of limitations or rely on what you’ve
heard from any source other than a lawyer who knows
the statutes of limitations that apply in your case.
Speed is important to protect your legal rights. You
should seek and receive objective advice about your
accident in a timely manner. Otherwise, you may be
denied justice and compensation. Our firm has never
been contacted too early about a potential claim, but
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there are claimants who are too late.

Mistake #9: Failing to Consult with an Attorney

or to Educate Yourself

Y ou may not need to hire an attorney, but you

should consider consulting with one.
mentioned earlier, some simple cases with minor
As

injuries may be settled without an attorney. Most

personal injury attorneys will provide you with a free
consultation. Our firm provides free consultations but
also goes a step further by giving you free, high-quality
information to help educate you about your legal rights
and claim. We do this to help those who have been
injured through no fault of their own and because we
believe that well-educated clients are our best clients.
By reading this book, you are already taking action so
you do not make this mistake!

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Why Should You Consider

Hiring Our Firm?

A s I said at the beginning of this book, we are not

your typical law firm. Instead of trying to
manage hundreds of cases at a time, we carefully select
the few cases that we will accept at any one time.
There are many attorneys who advertise for
personal injury cases. Unfortunately, some of these
attorneys have so many small cases in their offices that
no case gets their personal attention. Others have no
real intention of trying your case themselves, and if the
case cannot be settled with the insurance company,
they will refer the case out for trial. Many will not even
try to talk with your doctors until they ask for their
opinions for the first time during a deposition. There
are good experienced attorneys in this field, but it can
be very difficult for a consumer to separate the good
from the bad.
Our clients get personal attention because we are
very selective in the cases that we take. We take the time
and spend the money to go meet with your doctors and
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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

explain to them how they can assist in your case. We

prepare every case like it is going to trial because we do
not know which ones will need to be tried until the end.

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What Cases Do We Generally Not

Accept?

D ue to the very high volume of calls and referrals

from other attorneys that we receive, we have
found that the only way to provide personal service is
to decline those cases that do not meet our strict
criteria. Therefore, we generally do not accept the
following types of cases:

• Cases involving minor impact or minimal

damages to the vehicle. Generally, this is
defined as less than $500 in property damage
to your car. Juries typically will not believe that
minor impacts can cause substantial personal
injury. We believe the risk and time spent by
the client are too great and that our time is
better spent helping those with other cases.
There are other attorneys with different
opinions about these cases, and we are happy
to refer you to them.
• Cases where medical treatment is completed
and there is less than $3,000 of total “hard

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

damages.” Your case must have at least $3,000

in total past and future medical bills and/or
past and future lost wages before we will
consider accepting it. Please keep in mind this
is not just out of pocket expenses such as co-
pays and deductibles, these include the “total”
medical charges.
• Cases with significant pre-existing injury in the
same part of the body. For example, if you
were treating with a doctor for a back injury at
the time of your car accident and continue to
have back problems after the accident, the
chances of a jury awarding you substantial
money for your back injuries is reduced.
• Cases where the statute of limitations is
running out. We like to have at least three
months to adequately investigate and evaluate
your claim. Do not delay, and you will avoid
this issue.
• Cases where you were found at fault and
charged by the police in the accident.

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• If your case has already been filed by another

attorney, we will not represent you unless we
have worked with that attorney previously.
Our firm has our own process that we believe
serves our clients best.

Are There Any Cases Left?

Yes, there are, and your case may be one. We

represent many clients with significant claims. When
we devote our time and resources to representing only
legitimate claimants with good claims, we are able to do
our best work. We have found that spending countless
hours on lots of little cases, each with a “unique
problem,” is not good for our clients with legitimate
claims.

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Post-Accident: The Next Steps

I t’s tough for victims of personal injuries, even after

they get out of the hospital and perhaps back to
work, to think much beyond the immediate. How am I
going to shop? Can I still pick up the kids? What about
my last three missed paychecks? It’s tough at times for
personal injury victims to even contemplate the future.
While determining what the future holds may be
too much for you to take in all at once, please consider
taking some small but concrete steps one at a time.

• If you do not have an attorney, contact our

office before you respond to any requests for
information or sign any forms from
insurance adjusters or investigators.
• Save all the information that comes your
way—records, emails, notes, letters,
statements and so on from doctors,
hospitals, the ambulance company, etc. You
will need these, and you don’t want to rely on
someone to resend a document by the time
you might need it.
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• Keep accurate records of all the time you

have missed from work or had to take off
because of doctors’ appointments.
• Keep a journal of your medical, physical
complications — aches, pains, anxiety, and
dates, times, and places.
• Keep all your medical appointments and
follow your doctors’ and physical therapists’
advice — failing to do so could make it look
as though your injuries weren’t as serious as
they really were.
• If you ever need help in any of these matters,
don’t be shy or embarrassed — ask our office
for help.

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Conclusion

I hope this book is helpful in explaining the nine

mistakes that can wreck your accident case, as well as
the process for pursuing a personal injury claim if you or
a loved one is injured by the negligence of others.
It is important to remember that, just as each
person is unique, each case is different and unique. This
book was not written to provide you with legal advice
— only your attorney can do that. I wrote this book to
give you a general understanding of what you can do if
you are injured in a car accident or a loved one suffers
catastrophic injuries or death as the result of the
negligence of another.
If you believe we can help you with your case, please
call us at (816) 203-0143. The call is free, and there is
no cost to talk to an attorney about your case. If you
want more information before calling our office, feel
free to look at the information on our website at
KevinMcManusLaw.com. You can learn more about
our law firm, the cases we have handled, and additional
information about accident cases in Missouri and
Kansas.

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Why Experience Matters

Y ou should very concerned if an attorney

guarantees a result based on a prior case he or
she has handled. Each case is different, and past results
are not a guarantee of future results. Nevertheless,
when selecting an attorney, find an attorney with
experience in personal injury cases. A brief story
illustrates why.

In late 2017, we were contacted by a couple injured

in a serious car accident in Johnson County, Kansas.
The husband was driving, and his wife was riding in the
front passenger seat. As he entered an intersection,
another car ran a red light and struck them on the
passenger side in a “T-bone” collision.
The husband was not very badly injured, but his
wife was seriously injured because she was sitting
where the impact occurred. She had multiple broken
bones and a spinal injury. Surgery was required.
Medical bills grew. They sought legal guidance.
They were referred to a criminal defense attorney

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who supposedly did a little personal injury on the side.

It is unclear what happened next, but nearly two years
after the accident, they were referred to our firm. No
lawsuit had been filed. No settlement offer had been
made by the insurance company.
The statute of limitations for personal injury cases
in Kansas is two years. This deadline is extremely
important. If you do not assert all claims you have
within two years, those claims are forever barred, and
you will not recover a dime.
Our office pushes our cases forward so they are
resolved as soon as possible. If they cannot be resolved
with a pre-suit demand, we tell our client that we need
to file suit, and we prepare for trial. Typically, we will
not take a case if it is even close to the statute of
limitations deadline.
We explained this to the couple, but they pleaded
with our office to help. After reviewing the records,
we discovered the reason why the insurance company
was not paying them. There was no video of the crash.
The husband said he had a green light, and the other

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driver said he had a green light. The insurance

company was using their competing statements to deny
paying the person who clearly was not at fault but who
was most injured — the wife. She was not driving, but
she was the one most badly injured. Even worse, they
were saying the husband was at fault even though he
was a retired professional driver with years of training
and experience in safe driving.
After discussing various options and strategies with
this couple, we agreed that we would represent only the
wife and that we would file suit immediately against the
other driver and the husband. Why? If the insurance
company was going to argue that the husband was
negligent, then we needed to add him as a defendant to
force both insurance companies to the table. The
husband and wife understood and agreed with this
approach.

Within days of our filing suit and sending a demand,

BOTH insurance companies – for the husband and
the other driver – paid policy limits to our client. Each
insurance company paid a six-figure amount, which in

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sum was well over her medical bills. Finally, the couple
received fair compensation for the wife’s pain and
suffering.
The moral of the story is simple: experience
matters. You need an attorney who has experience
handling complex personal injury cases, who will
investigate the facts fully and think creatively about
strategies. The wrong decision can destroy your case
and your right to recover compensation.

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A Few of Our Case Results

B elow is a sampling of cases that we have

successfully resolved for clients in the past.
Remember that each case is different. Once a case is in
the hands of a jury, it is out of our control. However,
we believe that significant trial experience in big cases
is one factor that people may use to choose one
attorney over another. With these things in mind, here
are some of our results:

Policy Limits Settlement for Car Accident

Victim Suffering Concussion

Our client was stopped at an intersection at the

Country Club Plaza Shopping District in Kansas City,
Missouri, when her vehicle was rear-ended by another
driver. Our client’s head hit the steering wheel of her
vehicle on impact. She drove her vehicle from the
scene to the emergency room after noticing symptoms
of a head injury, including a headache, dizziness,
confusion, disorientation, difficulty thinking and
memory problems. She underwent a CT-Scan and
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testing and was diagnosed with a concussion without

loss of consciousness, a mild form of traumatic brain
injury. After our client completed physical and
occupational therapy, we submitted a demand package
with detailed information regarding traumatic brain
injury (TBI), and the case was settled for policy limits.

Double Policy Limits for Client with

Cervical Discectomy and Fusion Surgery

Our client’s vehicle was struck by a truck exiting a

gas station when she was stopped at an intersection at
Blue Ridge Boulevard and Holmes Road in Kansas
City, Missouri. Our client did not seek immediate
medical treatment but noticed cervical pain and strain
in the days following the accident. She went to her
primary care physician who referred her to a
neurosurgeon. She then underwent a MRI, which
noted a herniated disc protruding 7mm at C3-C4 and
flattening of the spinal cord at C3-4, C4-5, and C5-6 of
her spine. It also confirmed multi-level cervical spinal
canal stenosis with severe stenosis at C3-4, C4-5, and
C5-6. Based on the exam and the imaging findings, our
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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

client’s neurosurgeon recommended she undergo

ACDF (anterior cervical discectomy and fusion)
surgery from C3 to C6. The insurance company of the
liable party paid policy limits within days after our
demand package was submitted. Our firm then
pursued the client’s under-insurance policy to
maximize the recovery for our client.

Double Recovery Against

Deceased Drunk Driver

Our clients, a married couple, were stopped in their

vehicle at a red light at the intersection of State Line
Road and Red Bridge Road. While they were waiting
for the light to turn green, their vehicle was struck
violently from behind by another driver. Our clients
both went to the emergency room for treatment and
were diagnosed with neck and back strain / pain
(Cervicalgia). Their injuries from the accident did not
subside for months and required physical therapy and
follow up medical care. After an investigation, we
found the at-fault driver was issued a DUI at the scene
and that he had been involved in another, second
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collision nearby. Unfortunately, our investigation also

determined that this driver died after the crash from an
unrelated cause. We preserved our client’s claim by
initiating suit and requesting the court to appoint a
defendant ad litem to act on behalf of the deceased
defendant. Ultimately, the insurance company agreed
to settle the claims for both our clients in an amount
far in excess of their past and future medical bills and
lost wages.

Policy Limits for Client with Bulging

Lumbar Discs

Our client was traveling westbound on Interstate

670 (I-670) just east of the Broadway Boulevard
overpass in Kansas City, Missouri. Traffic slowed to
an abrupt stop apparently due to congestion near the
Broadway Boulevard exit ramp. Directly behind our
client, another driver was traveling at a high rate of
speed and failed to stop his vehicle in time. He collided
his vehicle into the rear of the vehicle of our client,
which totaled our client’s car. Our client did not feel
much pain until two days after the collision, which was
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the first time he sought medical care. He underwent

CT scan, but no fractures were noted. Our client was
recommended to physical therapy, which he was
unable to complete due to worsening pain. An MRI
was ordered which revealed multiple bulging lumbar
discs in his spine along with spinal stenosis. Our client
was recommended for injections and further physical
therapy. The case settled for policy limits of the at-fault
driver after our firm prepared and submitted a demand
package.

Double Policy Limits Recovery for

Passenger with Spine Injury

Our client was a passenger who was riding with her

husband when their car was struck in a “T-bone”
collision. The accident occurred in Johnson County,
Kansas. There was no video evidence of how the
collision occurred, and the drivers had conflicting
accounts. Our client’s husband said he had a green
light at the intersection where the crash occurred and
that the other car ran a red light before colliding on the
passenger side where the wife was sitting. The other
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driver stated she had the green light. As a result, both

insurance companies – for the husband and the other
driver – were disputing liability and had refused to pay.
However, our client was not at fault – she was simply
riding as a passenger—and she was seriously injured
with multiple broken bones, including a broken sacrum
(the large, triangular bone at the base of the spine) that
required surgery. After discussing with our client, we
initiated suit against both the husband and other driver,
and within days, both insurance companies paid full
policy limits. The settlement more than covered our
client’s unpaid medical bills and provided her with the
compensation she deserved for her painful injuries.

$527,000 Judgment for Dog Bite Victim

Our client was attacked by two vicious dogs when

she was visiting her father’s apartment residence in
Wyandotte County, Kansas. The dogs were owned by
the property owner who resided nearby and were
known to have attacked other visitors and had allegedly
killed another dog. Our client sustained severe bite
injuries to her legs, hips and buttocks, which required
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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

surgery. Unfortunately, these injuries became infected,

which required hospitalization and further treatment.
We initiated suit, and after a hearing, the judgment was
entered against the landowner in the amount of
$527,000, which was roughly five times the amount of
our client’s medical bills.

$125,000 Trip & Fall Settlement Helps

Client with Rare “Brittle Bone” Condition

Our client was a college student who suffered from

a rare genetic disorder known as osteogenesis
imperfecta (“OI”). OI is a disease characterized by the
weakening of bones and is sometimes referred to as
“brittle bone disease.” This condition limited our
client’s mobility to a powered wheel-chair, which he
controls. Our client was visiting an art museum with
friends and was attempting to exit the building. As he
moved his wheelchair through the doorway, his
wheelchair hit an unmarked step that caused his
wheelchair to topple over and his body to be thrown to
the ground. Our client fractured his hip and right
humerus (upper arm) bone. Due to the complex nature
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of his disease and injuries, two revision surgeries of

previously implanted hardware were required. Our
firm engaged an expert to investigate and opine as to
the ADA and safety standards of the museum exit.
After submission of a demand package, a six-figure
settlement was reached. The settlement more than
covered our client’s past and future medical bills and
will assist him in continuing his education. Our client
plans to attend medical school and hopes to someday
become a doctor specializing in helping patients who
suffer from OI.

Day Care Shut Down After Child’s Death

(Confidential Settlement)

We initiated a wrongful death suit against a day care

center in Wyandotte County, Kansas, on behalf of a
mother of a young child who was found dead in a crib
at the center. Our investigation found that the day care
center had received multiple citations from the Kansas
Department of Health and Environment (KSDHE),
including citations for failure to follow safe sleep
practices. After we filed suit, the KSDHE revoked the
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day care’s license, and the center permanently closed its

doors. The case was settled for a confidential amount
shortly thereafter.

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What Others Are Saying

B elow are some testimonials from those we have

worked with in the past. As you will discover, the
issues you encounter do not have to be difficult, and
help is available.

Kevin was very professional, but approachable and friendly. He

kept me informed of the progress of my case and fought for me to
receive the maximum I could receive. He finished my case in a
few months, after I had been waiting for two years under another
attorney.
-Kathleen, Johnson County, Kansas

Kevin McManus works hard for his clients and cares about his
community. He represented me on a car accident case. Without
his help, I would have been left with unpaid bills for my injuries
and would never have received the compensation I deserved.
-Steve, Kansas City, Missouri

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

Kevin McManus is an excellent lawyer and a wonderful person.

He cares about his clients and works very hard to obtain the very
best results. I have worked with Kevin on several cases and have
been very impressed with his work. Kevin is an absolute pleasure
to work with, and he treats everyone like family.
-Scott Shachtman, Co-counsel

Kevin is a great lawyer who is very responsive. He is well-known

in the community and can handle many different types of practice
areas. I fully recommend him as an attorney.
-Phyllis Norman, Referring Attorney

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

FREE BOOK ON BUYING CAR

INSURANCE

G reat news! A free book is now available on how

to buy car insurance to protect your family from
irresponsible drivers in Missouri and Kansas. There is
no obligation or cost with requesting this book. Our
office is providing free copies to residents of Missouri
and Kansas.
Copy and fill out this form and mail or e-mail this
form back to us to learn:

• Who will pay my medical bills?

• Will I be paid for the time I’m losing from work?
• Should I give a recorded statement to the
insurance adjuster or sign his or her forms?
• What do I do if the person who hit my car
doesn’t have car insurance?
• What if I don’t make a full recovery and cannot
return to work?
• How will I know if the insurance company’s
settlement offer is fair?

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

• Should I hire an attorney to represent me, and if

so, how do I find the right one?
To receive this free book, just photocopy this form,
fill it out and e-mail or mail it to us.
Email to:
[email protected] or mail
to Kevin McManus, 1100 Main Street, Suite 2620,
Kansas City, MO 64105.
Please send me a free copy of: Buying Car Insurance:
A Complete Guide to Protecting Your Family from Irresponsible
Drivers in Missouri & Kansas
Name:
__________________________________________

Address:
__________________________________________
City:______________ State: ___ Zip:_____________

We do not share mail lists with anyone!

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

FREE INFORMATIONAL
NEWSLETTERS
Want to know:

• How to best deal with insurance company

denials?
• How to protect yourself from financial ruin?
• Legal insider tips about Kansas and Missouri
law?
• How current legal issues and cases may affect
you?
• Specific steps you can take to find the best
lawyer for your case?
• Practical advice about buying insurance from
one who does not sell insurance?
These are some of the topics that are covered
monthly in our free newsletter that is available to you.
Our firm strongly believes that most legal disputes
could be avoided if people had a better general
knowledge about the legal system, insurance coverage,
and the insurance claim process.

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

There is absolutely no cost or obligation to receive

our newsletter, and from time to time, we run contests
to give away free items!
Don’t worry, this is not the boring, “canned”
newsletter that most firms buy and add on their name.
We write it ourselves to encourage people to pay more
attention to their legal affairs.
If you later feel like you want to stop receiving our
newsletter, there is a phone number in every issue that
you can call to “unsubscribe.”
To receive this newsletter, just photocopy this form,
fill it out and e-mail or mail it to us. Email to:
[email protected] or mail to
Kevin McManus, 1100 Main Street, Suite 2620, Kansas
City, MO 64105.

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CRASH COURSE: 9 MISTAKES THAT CAN WRECK YOUR INJURY CLAIM

Please send me your free legal newsletter:

Name:
__________________________________________
Address:
__________________________________________

City:______________ State: ____ Zip: ___________

If you would like to receive our email newsletter,
please include your email here:
E-mail:_______________________________
We do not share mail/email lists with anyone!

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