Whiplash & Whiplash Injury St. Louis

Archives for March 2019

Spinal Cord Injury in a Car Accident

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A spinal cord injury (SCI) can dramatically change your life. Depending on the severity of the injury, you may have to stop working and require medical assistance 24/7.

Car accidents are among the leading cause of SCI in the United States. It’s estimated that over 17,500 people are diagnosed with spinal cord injuries each year and close to 350,000 live with this condition in the country.

If the unimaginable happened and you were diagnosed with SCI after a car crash, you may now want to hold the other driver accountable and get compensation. First, it is a good idea to speak with an experienced car accident attorney. They will help you understand the legal steps that you need to follow.

car accident injury victim in wheelchair

Consider the Statute of Limitations

The last thing on your mind after an SCI diagnose are the legal intricacies of filing a personal injury claim. Understandably so: you should focus on your medical treatment and getting well. But, considering that the cost of treatment can reach $1 million in the first year and then extend to several hundred thousand, you can see how time is of the essence when it comes to filing a claim.

Remember that you have five years from the date of the accident to file a suit.

Document the Accident

Your St. Louis auto accident attorney will likely contact the local law enforcement and ask for the information available about the accident. They will get a copy of the report, witness statements, accident scene pictures, and any information necessary to build a strong case.

Keep Your Medical File Updated and Organized

Talk with your doctors, therapists, and all the medical professionals that have reviewed your case and ask for copies of your treatment. Keep all this information organized in a file and update it whenever necessary.

Document the Impact the SCI Diagnose Had on Your Life

Gather as much information as possible about the way the spinal cord injury has affected your life. If you were an active person, provide proof of your active lifestyle and how SCI is stopping you from following your passions. Present the extent of your injuries and the impact they have on your day to day life. Mention both the medical struggle as well as the financial one.

Speak With an Experienced Attorney 24/7


SCI lawsuits are lengthy and complex. Minor slip-ups, such as timing or liability could affect your chances of winning and getting fair compensation for your pain and suffering. Speak with an experienced St. Louis car accident attorney to represent you and help you get justice. Give us a call 24/7 at (314) 361-4242 for a FREE consultation.

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In a Collision with an Underinsured Driver: What Are My Options?

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It is estimated that roughly 14% of Missouri drivers are uninsured.

The law in Missouri is clear: all drivers are required to carry valid insurance. However, it is estimated that roughly 14% of Missouri drivers are uninsured, which can, unfortunately, lead to unpaid personal injury claims and high premiums for everyone in the entire state.

If you’ve been involved in an accident with a driver who doesn’t have insurance, it may be a difficult road toward getting damages for your injuries.

man and woman in st. louis car accident

Why It’s a Difficult Battle

Typically, if a driver doesn’t have insurance, it’s because they cannot afford it. Therefore, even if you sue them for negligence in a Missouri court and the judge decides they should award you damages, it’s possible they will not have the means to pay for it.

If you go the trial route, the judge may order the defendant to pay for your losses on a monthly basis. However, proving negligence is in itself a battle, as you’ll have to show the other driver’s reckless actions were a direct cause of the accident, and of your injury or damages. Showing this direct link may prove difficult in some cases, but with the help of an experiencedSt. Louis car accident lawyer, you could be successful.

Other Sources of Financing

If the other driver is uninsured, and you want to sue for personal injuries, the trial process can take some time to unfold. Depending on the circumstances of the case, you could be looking at a year of proceedings, which is very bad news for victims with medical bills piling up.

As such, you may be in need of other means to pay for your treatment costs. In these situations, you have two options. First, you could pay through your own auto insurance, which could even cover damages sustained on the vehicle. You’ll have to file a claim through the insurance company. Again, it’s advised to work with an attorney, even if it’s your own insurance company, just to be sure you get properly compensated.

Or, you can also cover some costs through any other health insurance policy you may have. However, this will not cover any damages sustained to the car or other property.

What Should You Do?

Cases involving uninsured drivers aren’t exactly a walk in the park. If you are in this situation, it is advised you contact an experienced St. Louis auto accident lawyer to discuss your options.

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The particularities of your case will most likely point you in the direction you should take. Sometimes, the only way to get paid for your losses in these cases is by suing the other driver. However, if the other driver has no means of paying for damages, then even if you win the trial, it’s possible you won’t be receiving any money.  No matter what, your lawyer can help you figure out the best course of action for you. Give us a call 24/7 at (314) 361-4242 for a FREE Consultation.

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Contributory vs Comparative Negligence – How They Can Impact Your Car Accident Case

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Here’s a short guide to help you understand the comparative and contributory negligence systems.

When you’re the victim of a car accident, you most likely will want to seek compensation from the at-fault driver to cover your medical bills, pay for damages, or even account for lost wages if you are unable to work at this time.

However, the state in which you file the claim or the lawsuit can have a lot to say about the outcome. If you’re in this situation, you will benefit greatly by reaching out to an experienced St. Louis car accident lawyer for further assistance.

Here’s a short guide to help you understand the comparative and contributory negligence systems.

two st. louis men involved in a car accident

Proving Negligence and Fault

In an accident, one party is typically held responsible for the collision, which essentially means you are trying to show another driver was negligent and cause the incident. For instance, if the other driver was using their smartphone, they may be held liable for the accident.

However, in some cases matters aren’t that straightforward. Sometimes, more parties are to blame for the collision, and when that happens, the comparative and contributory systems intervene.

What Is Contributory Negligence?

According to this system, if a driver was negligent and contributed to the accident, then that driver cannot hold a different party involved in the collision as responsible. In states that follow this rule, even if you are only partly to blame for the accident, you cannot recover any compensation from other parties.

What Is Comparative Negligence?

This system is not as strict as the previous one. Essentially, each party is assigned a certain percentage of blame for the incident. There are two categories for this system:

1. Pure Comparative Fault

Each party can recover damages equal to the amount of fault of the other party. If you are found 10% to blame for the crash, you can get up to 90% in damages. However, it also means the party with more responsibility can sue you as well, even if they’ll only be allowed 10% of the total amount.

2. Modified Comparative

With this system, which is also the one used in the state of Missouri, you can collect damages from the other party as long as your own negligence was found under 50%. In these states, the party found mostly responsible cannot collect any damages from the other parties involved.

However, even if you live in Missouri, there is still a chance you’ll have to face a different negligence system. For instance, if the accident took place in a different state that follows another type of negligence system, then you’ll likely have to follow the laws in the state where the collision occurred, and the one in Missouri.

Why Speak With a Lawyer After a Car Accident?

If you’ve been involved in a St. Louis car accident, it’s crucial to speak with an attorney who understands the law and is familiar with the court system. 

As we’ve discussed, negligence comes in many forms in car accidents. In St. Louis, law firms handle violations of the rules of the road that have resulted in a car accident. Most of the “rules of the road,” as we call them, are based upon laws or statutes. If you violate a law or a statute and cause an accident, the injured party in the car accident has a cause of action for Negligence Per Se. Under the Doctrine of Negligence Per Se, a violation of a statute or traffic ordinance resulting in an auto accident is generally considered a form of negligence and a violation of a vehicle operator’s duty of care. An attorney presenting a car accident case must still submit on:

  • Causation
  • Damages, in addition to having provided proof regarding the Negligence Per Se of the defendant driver causing the car crash.

Defendant drivers and their attorneys in a Negligence Per Se cause of action can submit defenses such as:

  • Plaintiff’s failure to stop, swerve, slacken speed or sound the horn
  • Plaintiff’s failure to keep a careful look out
  • Plaintiff’s failure to mitigate or minimize their injury by refusing medical treatment
  • Defendant has a reasonable excuse for the violation of the law or ordinance.

Among many other reasons, this is why it is essential to speak with an experienced injury attorney as soon as possible. At The Hoffmann Law Firm, we can evaluate your case free of charge and help you understand what your rights are after a car accident.

St. Louis Car Accident Lawyer


If you are ever the victim of a car accident, Missouri or not, one of the first things you should consider doing is discussing your case with a St. Louis car injury lawyer. Give us a call 24/7 at (314) 361-4242.

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The Importance of Expert Witnesses in Your Car Accident Claim

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A car accident attorney can help find expert witnesses to testify on your behalf.

Unfortunately, not all car accidents end with a resolution and settlement. Sometimes, you have to take the other driver to court to get fair compensation for your injuries. The problem with that is that the victim holds the burden of demonstrating that the other driver was responsible for the accident. A St. Louis car accident lawyer can help you gather all the documentation required to build a solid case. They can also help find expert witnesses to testify on your behalf.

Here’s what you need to know about this practice.

expert testimony car accident

The Role of Expert Witnesses

An expert witness is a professional who has knowledge and experience in a particular field and can provide unbiased information that would help the jury reach a verdict. Their role is to help the jury understand better the circumstances or consequences of the accident. They are not there to offer their opinion on the case but provide solid facts and data-driven information.

Two types of professionals are usually required to testify in car accidents personal injury cases:

  • Expert witnesses: Whether we are talking about doctors, psychologists or economists, they are usually required to provide their unbiased opinion about the case. The information they present is thoroughly analyzed by the court for validity.
  • Fact witnesses: This type of witnesses also present the things that they have seen or experienced by themselves.

Here are some of the responsibilities expert witnesses hold:

  1. Offer data-driven information about the case;
  2. Provide an unbiased, independent opinion about the case. Personal opinions have no place in a court of law;
  3. Comply with the rules of the procedure;
  4. Guarantee that the information presented is truthful and essential in helping the jury reach a verdict.

Types of Expert Witnesses in Car Accident Personal Injury Cases

When it comes to auto accident personal injury cases, an expert witness will analyze any complex detail of the incident and try to provide a professional conclusion that would help the jury understand what happened.

Their expertise can cover anything from how the collision inflicted the injuries to the financial toll the accident may have on the victim.

Here are some of the types of witnesses that your St. Louis auto accident attorney may call to testify.

  • Medical Experts: A medical expert will present the pathology and anatomy of the victim’s injuries. They will also explain how severe the damages are and the course of treatment the victim needs to get healthy.
  • Rehabilitation Specialists: Whether we are talking about social workers or therapists, these expert witnesses will explain how the accident affected the victim’s quality of life and what they need to do to recover from the physical and emotional trauma.
  • Auto Accident Reconstructionist: This expert can help the jury understand how the accident happen. They will analyze everything from the speed of the vehicles to the environment.

Speak With an Attorney 24/7


If you’ve been injured in a car accident a reliable St. Louis car accident lawyer can help you build a strong case and increase your chances of recovering compensation. Give us a call 24/7 at (314) 361-4242 for a FREE Case Evaluation.

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Why Car Accident Pictures Are So Important and How to Take Them

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Pictures are often the most telling piece of evidence you can collect after a car accident.

A car accident is a traumatic event that brings along some moments of utter chaos. It is completely understandable that during those times you may be confused and not know what to do.

The first thing you should do is call the authorities, and if you are hurt, get medical treatment for your injuries. However, if your injuries aren’t too bad, you should also consider gathering as much evidence as possible. This evidence, particularly photographs, can prove to be extrememly valuable later on.

taking pictures after a car accident

Why You Should Take Photos

Photos are often the most telling piece of evidence you can collect. Whether you’re filling an insurance claim, or even plan to sue the other driver, photo evidence is generally considered incontestable in Missouri courts.

However, you should make sure the photos you take are of high quality and contain the important elements of the accident.

How to Take Them

Photos from the car accident scene are only relevant if they can accurately reflect the incident, and not just regarding the damages it produced. You should also take pictures of the surroundings, as some elements there may prove to be the cause of the accident.

Here are some tips to follow:

1. General Shots of the Scene – These photos are about showing the scene as a whole, so you don’t have to worry about details. Make sure to take them from different angles to get in as much as you can.

2.  Photograph all the vehicles involved in the crash, at different angles, focusing on their damage.

3. The traffic light and sign shots near the scene.

4. Take photos of the sky, snow, rain, or other weather conditions. Even if the weather wasn’t to blame for the accident, a picture of a clear blue sky will prevent the other driver from claiming so to try and avoid paying damages.

5. Look for any damaged objects nearby, like street signs, garbage cans, or trees.

6. Get the license plates and insurance card of all the vehicles involved.

7. Look for debris, skid marks, or other elements on the road caused by the crash.

8. Photographs the people involved in the accident, like the driver and passenger, as well as witnesses, policy officer, EMTs or any other people at the scene. This can help you later on to identify people.

9. Document any damage or injury you’ve sustained as a result of the accident. If you can, photographs the visually evident injuries right on-site.

Speak With an Attorney 24/7


Photo evidence can prove crucial in these cases, but even they are only one piece of the puzzle. If you’ve been the victim of a car crash and want to seek compensation from the at-fault driver, get in touch with an experienced attorney as soon as possible. Give us a call 24/7 at (314) 361-4242.

FREE Case Evaluation


Passenger in a St. Louis Car Accident: Understanding Your Rights

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Though the law involving traffic is clearly defined, it may not be so easy to understand what the right course of action should be.

The disputes regarding car accidents generally revolve around identifying what party is to blame, and therefore liable for compensation for injuries. However, one matter is very clear: as a passenger, there is usually no question of whether you are at-fault or not.

As such, you can legally file a claim for damages to any injuries you sustained as a result of the vehicle collision, and there are a number of different possibilities.

passenger in car accident

What Does the Law Say?

According to the Missouri statutes, all drivers are required to carry auto insurance to have a valid license. That way, they are protected in case of an accident. But when the person wanting to file a claim is the passenger, there are three options to take:

1. File a Claim against One of the Drivers

If the driver you were with is found responsible for the action, then they are generally liable for compensation. The same principle applies if the guilt falls on the driver of the other vehicle. In any case, as a passenger, you’ll likely have to file a claim through the insurance company of the driver accountable for your injuries.

2. File a Claim with Your Insurance Company

You can also file a claim with your company carrying your health insurance, either to get extra funds to cover medical bills or in the event that neither driver can be held liable for any damages. However, this policy only covers your medical expenses, so if you’ve sustained any property damage, or even if you’ll have to miss days from work while recovering, these expenses may not be covered.

3. Filing a Claim Against Other At-Fault Parties

In some cases, the drivers aren’t the ones responsible for the collision. In these situations, it’s possible there are other parties who can be held accountable like, for instance, governmental institutions.

It’s possible to file a claim for your injuries against these third-parties, but the process itself can be extremely complicated. This is best discussed with an experienced attorney.

Are You Liable?

It’s not impossible for a passenger to be found guilty of causing a car accident. For instance, if you pull the driver’s wheel, or intentionally distract them from the road, you could also be held responsible for the collision, and therefore you are open to liability.

In such cases, passengers can even face criminal charges, if it is found they intentionally caused the collision. However, these circumstances are rare.

Each Case Is Unique

Though the law involving traffic is clearly defined, it may not be so easy to understand what the right course of action should be. That’s because the defining elements of your case can say a lot about the outcome.

Speak With an Attorney 24/7

Because of this, you should discuss your case with an experienced St. Louis car accident lawyerbefore you take any course of action. With their help, you can understand your case and how you should proceed to get compensated. Give us a call 24/7 at (314) 361-4242 for a FREE case evaluation.

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