Wendt Law Firm P.C.
Kansas City Personal Injury Lawyer –
Serving Missouri, Kansas & The Midwest

Pain and suffering are proven through medical records, testimony, and documentation that show how the injury changed your daily life. Unlike a hospital bill, there is no receipt for sleepless nights or the hobbies you had to give up, so your case is built from evidence such as:

• -Medical records documenting your diagnosis, treatment, and prognosis
• -Testimony from doctors explaining the physical pain your injury causes
• -A daily journal tracking pain levels, limitations, and emotional struggles
• -Statements from family, friends, and coworkers who see the difference in you
• -Records of mental health treatment for anxiety, depression, or trauma
• -Photos and videos showing your injuries and recovery

Missouri and Kansas both allow pain and suffering compensation with no cap in most personal injury cases, so thorough documentation directly increases what your claim is worth. Missouri is the exception for medical malpractice, where Missouri Revised Statutes § 538.210 limits non-economic damages.

Kansas has no equivalent cap on pain and suffering, even in medical malpractice cases, following the Kansas Supreme Court’s 2019 ruling in Hilburn v. Enerpipe striking the cap down as unconstitutional.

In Missouri, you generally have 5 years from the date of your injury to file a personal injury lawsuit under Missouri Revised Statutes § 516.120. If you lost a loved one, a wrongful death claim must be filed within 3 years under Missouri Revised Statutes § 537.100.

Kansas is far less forgiving. Under K.S.A. 60-513, you generally have only 2 years from the date of injury to file a personal injury lawsuit, and only 2 years from the date of death for a wrongful death claim. Do not assume a Kansas case gives you the same window Missouri does.

Some situations change the deadline. Injured minors get additional time under Missouri Revised Statutes § 516.170, and Kansas allows minors one extra year after their 18th birthday under K.S.A. 60-515. In Missouri, medical malpractice claims follow a shorter 2-year deadline under Missouri Revised Statutes § 516.105, and claims against Missouri or Kansas government entities often require notice within a much shorter window than the standard filing deadline.

Waiting also hurts your case long before any deadline arrives, because camera footage gets erased, witnesses forget, and physical evidence disappears. The safest move is to have your deadline confirmed as soon as possible.

Nothing upfront, and nothing at all unless we win your case. Our firm works on a contingency fee basis, which means our fee is a percentage of the compensation we recover for you. If we do not recover anything, you owe us nothing.

There are no hourly bills, no retainers, and no surprise invoices. We also advance the costs of building your case, including expert witnesses, investigation, and court filing fees. This arrangement exists so that anyone can afford strong representation, not just people with money in the bank. It also means our interests line up with yours: we only get paid when you do, so we have every reason to maximize your recovery. Your consultation is free as well, so finding out whether you have a case costs you nothing but a phone call.

Your compensation depends on the severity of your injuries and how they affect your life, but most successful claims include both economic and non-economic damages:

• Medical expenses: Every bill from the ambulance ride through your last day of treatment, plus future care your doctors project.
• Lost income: Wages you missed while recovering and reduced earning ability if you cannot return to your old work.
• Pain and suffering: Compensation for physical pain, emotional distress, and the ways your injury limits your life.
• Loss of enjoyment: The activities, hobbies, and experiences your injury has taken from you.
• Punitive damages: Additional compensation in cases involving reckless or intentional misconduct, governed by Missouri Revised Statutes § 510.261 and K.S.A. 60-3702 in Kansas.

No honest lawyer can promise a specific number before investigating your case. What we can do is calculate the full value of your losses, including the future costs insurers hope you will overlook, and show you real outcomes on our case results page.

Most personal injury claims resolve within several months to two years, depending on the complexity of your case and how the insurance company behaves. Straightforward claims with clear fault and completed medical treatment can settle in a few months. Cases involving serious injuries, disputed fault, or an insurer that refuses to pay fairly take longer, especially if a lawsuit becomes necessary.
One factor matters more than most people realize: you should not settle before you understand the full extent of your injuries. Settling early, before your doctors know whether you will need surgery or long-term care, means accepting a number that may fall far short of your actual losses. Once you sign a release, you cannot go back for more. We move your case as fast as it can responsibly go, and we keep you informed at every stage so you are never left wondering what is happening.

It depends on which state the accident happened in. Missouri follows a pure comparative fault rule, which means you can recover compensation no matter how much fault is assigned to you, with your award simply reduced by your percentage of responsibility. Kansas is stricter: under K.S.A. 60-258a, you can still recover if you are less than 50% at fault, but you recover nothing at all once you reach 50%.
This rule is exactly why you should never accept an insurance adjuster’s claim that your case is dead because you made a mistake. Adjusters routinely exaggerate an injured person’s share of fault to shrink payouts, and their opinion is not the final word. We argue fault percentages using evidence, and push back with accident reconstruction, witness testimony, and records that show what really happened.