Missouri Personal Injury Lawyer Blog

As Missouri personal injury attorneys, we're frequently asked about the settlements our clients may receive. Here are some of the most common questions...

Q: Why would I need a personal injury lawyer if I've already been offered a settlement that covers my bills from the other driver's insurance?

A: We advise never accepting any settlement before you are completely certain of what injuries you have suffered. It's easy to immediately see what has happened to your vehicle, but not as easy to see what has happened to your body. You need to consider the long term implications for recovery, to what extent you will require ongoing medical treatment, and any lost wages while recovering.

Always determine the full value of your claim before accepting any settlement from an insurance company. Otherwise, you might find that it does not cover your needs: once you've accepted, it will be too late for you to do anything about it. We know it's tempting to take that check immediately and be done with it, but if you do that, you may very well be cheating yourself out of funds you'll need to manage your recovery. The best way to determine if a settlement offer is fair is to consult with a Missouri personal injury attorney, whose specific experience in this area can guide you.

Q: What if I can't afford an attorney?

A: Most personal injury law firms provide a free initial consultation, and will only receive money if they win a claim for you. In this case, they would take a percentage. So, you have no need to worry about legal bills on top of medical bills--you can feel confident in hiring the proper legal representation to get you the settlement you deserve.

Continue reading "Commonly Asked Questions about Missouri Personal Injury Settlements" »

If you've been injured in an accident and are thinking of hiring a Missouri personal injury attorney to pursue your claim, you may be imagining a quick process and a speedy settlement check deposited in your bank account. While it's true that your case could be resolved fairly quickly, it could also require a more extended process, depending on certain factors. Our attorneys will need to take the time necessary to ensure your interests are fairly represented, and this amount of time is different for every client.

Why do some cases take so much time?

Investigating the injury
A personal injury claim requires investigation, which can be time consuming, depending on the circumstances. An important note: once you have retained a personal injury lawyer, it is recommended that you discuss your case only with that lawyer. Disclosing information to other parties (particularly if they might be witnesses, or working for the party you are trying to win money from) can be extremely detrimental to your case.

Proving negligence
Establishing fault is one of the most important factors in winning your case. Once again, this can require extensive time and resources, depending on the nature of the claim: an auto accident, a semi-truck accident, and a defective product accident all present unique situations. Tracing liability to the proper party is a vital aspect of your personal injury case, and requires diligently collected evidence.

Continue reading "How Long Does a Springfield, Missouri Personal Injury Case Take Before a Settlement is Reached?" »

Missouri Personal Injury lawyers are frequently asked questions about legal terms used in personal injury claims. One of the most important terms to understand is the concept of "liability," because proving liability is a main factor in winning your case.

Simply put, liability is a synonym for fault. In a personal injury case, liability has to do with who is responsible for your injury, whether it's a person, a group of people, or a company.

In many auto accident cases, it is easy to establish which driver was at fault. However, there are cases when more than one party bears responsibility for the accident. It might be that most of the liability falls on another driver, but it's possible that some also lies with you. Whoever is found to possess the lion's share of liability will usually wind up paying for the accident.

If it cannot be conclusively established who is at fault for the accident, the insurance company might use this problem to offer a lower settlement or even argue against any settlement.

The Connection Between Liability and Negligence

From what Missouri auto accident attorneys have experienced, most motor vehicle accidents do occur because of someone's negligence or carelessness. They can even result from what is called "criminal negligence," which refers to a negligent act that happens while someone is breaking the law, such as driving drunk. The person or company who was negligent bears liability for the accident, and is responsible for paying damages to the person who was injured.

Continue reading "The Importance of Liability in a Missouri Personal Injury Case" »

Although only a small percentage of Missouri personal injury cases go to trial, an experienced Springfield personal injury lawyer is still a huge asset when negotiating a settlement. The initial offer that an insurance company will make is guaranteed to be very low. An injured victim may be tempted to take any offer, just to get it over with and get some money to pay their bills, but this can be a mistake. It is important to wait at least until the seriousness of the injuries and the total amount of medical expenses can be ascertained.

Frequently an injury will not heal as expected, requiring further expensive treatment, therapy, or even more surgeries. If the victim has already settled the claim, they can be left holding the bag for high medical costs.

Whether your Missouri personal injury case is settled via direct negotiation with the insurance company, alternative dispute resolution via an outside mediator, or goes to trial, the services of an experienced attorney who knows your rights and what your claim is truly worth are always to your advantage.

Consider the case of a Perry County woman who was injured in an accident with a tractor trailer.

The collision occurred in August of '08 when Tracy Rauls was driving on U.S. 61. A tractor-trailer driven by Travis Michael Obritsch turned left from the highway and hit her vehicle. As a result of this crash, Rauls suffered significant, disabling and permanent injuries. The main one was a severe ankle injury that did not respond to treatment and eventually required multiple surgeries.

Continue reading "Missouri Personal Injury Cases May Receive Large Settlement Awards Via Alternative Dispute Resolution" »

Perhaps the most common question we are asked as Kansas City personal injury lawyers is "what is my case worth?" To answer this question, all the facts in each case must be weighed individually. There are no standard amounts for what any particular injury is worth. The nature and extent of the victims' injuries, whether or not there is a permanent disability, the amount of lost wages, and even the percentage of their own fault, if any, must all be factored into the equation.

When our Kansas City injury clients come for their initial consultation, we try to find out as much as possible about their injuries and their situation to assess whether or not they have a case warranting our services.

Although it's difficult to give an estimate of a claim's worth before the victim has finished their medical treatment, this doesn't mean that you should wait until you have finished recovering before consulting a lawyer. In fact, the opposite is true.

These are some of the factors we take into consideration when assessing the potential value of a claim:

1. Comparative fault: Sometimes the entire liability for the injury falls on another party, but in some cases the injured victim shares some of the fault for the accident. This can substantially lower the amount of recovery.
2. Seriousness of injuries: Will they heal, or will the victim be partially or fully disabled? Were there broken bones, internal injuries, or surgeries involved in the treatment? Does your physician think you will need continuing treatment? If so, what are the estimated costs? Medical evidence must be available to support these claims, such as CT scans, x-rays, etc.

Continue reading "The Most Common Question Asked of Kansas City Personal Injury Lawyers: What is my Case Worth?" »

Appeals are a subject that many people in Kansas City and around the country do not fully grasp. Let's discuss the recent reversal on appeal of a $43 million settlement in a. product liability lawsuit. This case was appealed all the way to the state Supreme Court, which threw out an Illinois jury's award to the victims of a 2003 crash that killed a Missouri man and disfigured his wife.

The lawsuit claimed that the design of the Ford Motor Co. vehicle involved in the crash was faulty. Ford countered that its 1993 Town Car exceeded all federal crash safety standards and in fact had received a five-star safety rating.

At the trial, the jury sided with the victims. They agreed that Ford's design for the Town Car must have been faulty, as it burst into flames after being rear ended. The auto manufacturer was ordered to pay more than $5 million to the deceased's estate, $23.1 million to his wife, and $15 million in punitive damages.

What Are Appeals and Who Benefits From Them?

Although the vast majority of personal injury lawsuits in Kansas City MO are settled out of court, jury trials can and do happen. If your case goes to trial and you are awarded a settlement, you might breathe a sigh of relief. After all, it has been a long road to that settlement, sometimes well over a year, and you may desperately need that money. However, regardless of how the jury rules, that may not be the end of the road.

Continue reading "The Role of Appeals in Kansas City Missouri Personal Injury Lawsuits" »

If you are injured in a car accident in Springfield MO and another driver was at fault, you want what is fair. Nothing more, but nothing less. But what happens if you were not wearing your seat belt at the time of the accident, as required by Missouri law? Everyone knows that wearing seat belts can sometimes minimize injuries in an accident--that is why they are required by law in all fifty states. In this article, Springfield personal injury lawyers will discuss how the "seat belt defense" may factor into the amount of damages you can receive.

What is the "seat belt defense?"

This defense is used to claim that the victim in a car accident shares some of the liability for the accident because he or she was not wearing their seat belt at the time of the accident. This argument is used in court to try to reduce the amount of damages plaintiffs can recover.

Nationwide, 31 states have completely rejected the seat belt defense, whereas 15 states do allow it to some degree. In states that do allow the seat belt defense, a plaintiff's damages could be reduced based on the theory of "comparative negligence" or a "failure to mitigate damages."

Does Missouri allow the "seat belt defense?"

Missouri is one of the states that will allow defense attorneys to bring up the fact that you were not wearing your seat belt during the accident. However, according to Missouri statute, only 1% of fault can be assessed against you by the jury. If the defense does bring this issue up in court, your attorney can ask the judge for a limiting instruction, advising the jury that they cannot assess more than 1% of fault based on that fact.

Continue reading " Do Springfield Missouri Car Accident Victims Share Any Fault if They Weren't Wearing a Seat Belt at the Time of the Accident?" »

If you have been injured in a car or truck accident and are considering a Missouri personal injury claim, there are many things you might have questions about.

• Is it worth my time to pursue this claim?
• Does it make more sense to simply accept the insurance company's offer?
• How much of my life will be tied up, and for how long?
• Will hiring a car accident lawyer really make that much difference?
• How can I afford the treatment I need, or support my family if I don't sue the negligent party for damages?

And last, but not least--

• What is my claim actually worth? What kind of settlement award can I hope to receive?

Understanding the methods by which insurance companies come up with their settlement offers can help you make a decision--should you accept the offer, give them a counteroffer of your own, or look into a lawsuit?

Insurance companies take various things into consideration before making you an offer after a car accident:

Continue reading "Missouri Car Accident Settlement Awards--How Are They Reached?" »