Your health comes first - seek needed medical attention right away, even if you initially refused treatment or later discover that you are injured. Better to be safe than sorry.

If you are able, you should:
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• Document the scene and your injuries
• Gather contact information from witnesses and other involved parties
• Document where you seek medical treatment (making it easier to gather medical records and bills)
• Save any communications you receive from others
• Consult with an attorney before giving any recorded statements  

Tip: The sooner we get involved, the better we can lift the legal burden from your shoulders and take steps to preserve evidence.

It is often best to reach out as soon as possible after an accident or serious injury. Acting early helps preserve evidence, secure witness statements, and ensure your rights are protected from the start.

The short answer is yes. While no one is required to hire an attorney, serious or catastrophic injuries often involve complex medical evidence, liability issues, insurance coverage issues, and legal deadlines. Experts are often needed to adequately address these issues. A lawyer helps you navigate the process, protect your rights, develop expert opinions, evaluate your claim, and pursue the compensation you may be entitled to under the law.

Every case is different. Case value depends on several factors like:
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• Whether liability is contested
• The severity of your injuries
• Past and future medical expenses
• The extent of past medical care
• The need for future medical care
• Past and future lost wages and reduced earning capacity
• Past and future pain and suffering
• The extent of any permanent disability and the impact on daily life
• Other factors that may be unique to your case  

We will analyze these factors and have discussions with you about the value of your case and develop a range to guide you in settlement discussions and to aid you in deciding when it makes sense to take your case to trial. No one can predict case value with certainty (and there is no one-size-fits-all formula), but we will analyze your case based on the relevant factors.

This will depend on the percentages of fault.

In some states (like Missouri) (i.e. pure comparative fault), a party is able to recover the percentage a defendant is found to be at fault for an accident. Example, a $500,000 damages award finding that the defendant was 25% at fault and the plaintiff was 75% at fault results in a total verdict award against that defendant of $125,000 for the plaintiff.

In other states (like Kansas) (i.e. modified comparative fault), a party is only able to recover if the percentage fault assigned to the plaintiff is less than 50%. Example, a $500,000 damages award finding that the defendant was 25% at fault and the plaintiff was 75% at fault results in a total verdict award of ZERO for the plaintiff.

There are variations on how modified comparative fault works in different states. We will help you understand the differences and how it impacts your case.

The deadline — called the statute of limitations — depends on your state and the type of case:  

Kansas: For personal injury and wrongful death claims –typically, 2 years from the date of the injury

Missouri: For personal injury claims –typically, 5 years from the date of the injury. For wrongful death claims based on negligence (other than medical malpractice)-typically, 3 years from the date of injury.

Because exceptions exist, we recommend that you speak with a lawyer as soon as possible to make sure you do not risk having your claims barred by the passage of time.

While every case is unique, most follow these stages:

‍Initial consultation — We review your case and answer questions.

‍Investigation — Gathering evidence, medical records, witness statements and involving experts as needed to develop the liability and damages aspects of your case.

‍Settlement Negotiation — We do our best to provide insurers an opportunity to act in good faith to resolve claims within their applicable policy limits. We will usually attempt to resolve your case before filing a lawsuit if we believe that is the best approach for your case.

‍Litigation (if needed) — If the case cannot be settled in a way that fairly compensates you in light of the factors that impact your case value, then we will file a lawsuit and prepare for trial.

We will guide you through each step and keep you informed along the way.

Most personal injury cases settle before trial, but we prepare every case as if it will go to court. This approach strengthens negotiations and ensures we are ready to fight for you if trial becomes necessary. We will inform you throughout the process and answer any questions you have along this journey.

Payment can come from several sources, including:

• Your health insurance
• The at-fault party’s insurance
• Med Pay or Personal Injury Protection (PIP) coverage
• Out of your pocket  

We will work with you to help coordinate coverage and pursue recovery for your past and future medical expenses. Ultimately, an at-fault party can be held responsible for past and future medical bills.  

We will also review and negotiate any medical liens that have been filed against your recovery as part of our efforts to fully resolve your claim. You will be kept informed of these discussions. We will provide you with an accounting of this information during your case.

At Brooker Law, we work on a contingency fee basis for personal injury cases. That means:

• No upfront costs: You don’t pay anything out of pocket to get started.
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• We only get paid if you win: Our fee is a percentage of your settlement or verdict depending on the stage of the case at the time of settlement.
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• If you don’t recover compensation, you don’t owe us legal fees.

This structure lets you focus on healing while we focus on fighting for the best outcome we can achieve for you.

While you will not owe legal fees if your case results in no recovery, you may still be responsible for certain case-related expenses. We will explain everything before you hire us.

Choosing the right attorney matters. Here are some questions to consider asking:

Experience: Have you handled cases like mine before? What states are you licensed in and have you practiced in both federal and state courts?

Approach: How do you prepare and negotiate personal injury claims from pre-suit, to discovery, to depositions, to motion practice, to trial?

Experts: Are experts needed? If so, how will you utilize experts to strengthen my case?

Accessibility: Who will handle my case, and how often will we communicate?

Fees: How does your contingency fee structure work?

Trial Readiness: Are you eager to try my case if that is necessary or will you have a different firm try my case?  

We welcome these questions — we want to communicate clearly with clients and to build trust and a real connection. During your consultation, we will walk you through our process, so you know what to expect.

Each jurisdiction is unique and hiring a lawyer that understands these differences is important. Generally speaking, damages fall into three broad categories:

1. Economic damages: Medical bills, lost wages, diminished earning capacity, and future medical care (often organized into a life care plan)  

2. Non-economic damages: Pain, suffering, emotional distress, and loss of enjoyment of life  

3. Punitive damages: Designed to punish and deter bad actors from reckless, malicious, and/or intentional conduct that is likely to inflict harm on others and/or that demonstrates a conscious disregard for safety. These damages are often governed by jurisdiction specific procedural and/or substantive laws.

Each case is unique. The damages that are available in a given case will vary. We will analyze your case and identify available damages supported by the evidence.

A catastrophic injury is one that causes long-term or permanent harm and significantly impacts your ability to live, work, and care for yourself.  

Examples include:
• Traumatic brain injuries (TBI)
• Spinal cord injuries and paralysis
• Severe burns or disfigurement
• Loss of limb or amputation
• Multiple fractures or organ damage
• Injuries requiring multiple surgeries
• Injuries requiring extended hospital stays
• Crush injuries
• Severe internal injuries
• Severe loss of eyesight, hearing, and/or mobility
• Fatal injuries  

These cases are more complex because they involve lifetime medical care, ongoing rehabilitation, and significant financial losses. We will focus on building a comprehensive case to address both current needs and future care needs and to model the damages sustained by the catastrophic loss.

At Brooker Law, we believe you are more than a case file or a number. We seek to combine thorough preparation with human-first advocacy to fight for a just outcome and the compensation you deserve. We handle the legal complexities so you can focus on your healing and recovery.