Whiplash & Whiplash Injury St. Louis

Archives for July 2019

Compensation for Cosmetic Surgery After a St. Louis Auto Accident

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If you aren’t sure your cosmetic or plastic surgery is eligible for compensation, reach out to a St. Louis car accident lawyer for help.

woman getting cosmetic surgery

There is a variety of possible injuries a person can suffer after a car accident. According to Missouri law, if the car accident was not your fault, then the person or party that’s caused you harm are responsible for covering the costs of your treatment.

Generally speaking, these proceedings will go through the at-fault party’s insurance company. Unfortunately, this could also mean you’ll have to expect for a potential battle to prove to the adjusters your treatment and all its procedures are necessary for your recovery. And in the case of plastic or cosmetic surgery, this may prove even more difficult.

Cosmetic vs. Plastic Surgery

Cosmetic and plastic surgery generally mean different things. Cosmetic procedures focus on enhancing a person’s appearance and it is often elective. It does not have anything to do with helping the body function, but more in improving its appearance.

Plastic surgery, on the other hand, includes complicated reconstruction of facial and body defects, which is the more common option you’d need after car accidents. Just based on their definition, cosmetic surgery may not be eligible for compensation because it is elective. But, this is not always the case.

Interpreting the Law

All the procedures and treatment you need to recover from your car accident injuries are generally eligible for compensation. However, cosmetic or plastic surgery may not be necessary, in the sense that it may not lead to your physical recovery.

However, visible scars of injuries may have incredibly negative effects on a person’s self-esteem and completely change how they interact with the world. In other cases, scars or muscle damage can even diminish the functionality of certain body parts.

If you and your St. Louis car accident lawyer can effectively argue for the necessity of the cosmetic or plastic procedure, then legally the insurance company cannot refuse to cover the costs.

For instance, let’s assume the car accident left you with a very visible scar on your left cheek. For one thing, it’s placement on your face may affect your mental health, as you may begin to start hiding from the world to avoid people staring at you. The scar could have also affected part of your muscle control, causing even more issues.

If a plastic procedure could remove the scar and help you regain some muscle control, then this argument must be presented to the insurance adjuster. If the muscle is fine, but you do need cosmetic surgery to improve your appearance, that may also be compensated. This is the golden rule for cosmetic or plastic procedures – as long as you can prove their necessity, then you will likely be compensated for them.

Speak With a St. Louis Auto Accident Attorney ASAP

If you aren’t sure your cosmetic or plastic surgery is eligible for compensation, reach out to a St. Louis car accident lawyer for help. They can help protect your rights during legal proceedings. Give us a call 24/7 for a FREE consultation with an experienced attorney.

Call (314) 361-4242

What to Expect If You Have to Give a Deposition After a Car Accident

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If you have filed a claim against another party for negligence in a car accident, you may be asked to give a deposition.

car accident deposition

A deposition is simply a way to get an official statement during a legal proceeding. You may have to give a deposition in a variety of situations, such as if you saw a crime happening, are a character witness, or if you filed a claim against another party for negligence in a car accident.

Some people can be slightly uneasy at this time, mostly because they do not know what to expect, or they fear they may ruin the case in some way. Here’s what you should expect from a deposition.

How They’re Set up

Your deposition can take place in a variety of locations, such as a law firm’s conference room, the court reporter’s office or some other place that’s private. In some cases, you may be asked to provide some documents for the deposition. Ask your St. Louis car accident lawyer if you should or not.

During a deposition, you will have to answer questions presented by the lawyers from the other party, and a court reporter will document the entire meeting. In the end, you may be given a transcript of your statements to review and sign. If you see anything wrong with your statements, you should tell your lawyer. A simple mistake could hurt your claim.

Things to Consider

The process itself is rather simple, and can generally be over fast. Most of your time, however, may be spent preparing for the deposition with your lawyer. This is an essential step, as your lawyer will ask you similar questions with what the other party may ask, and help you prepare an answer.

This is done to minimize any chance of the other party interpreting what you say to their own convenience. Generally speaking, your lawyer will advise you to:

  • Give clear answers
  • Answer verbally
  • Never answer until the lawyer finished asking the question, and wait a second before you answer. Your lawyer may object to certain lines of questioning.
  • If instructed by your lawyer not to answer, do not go against their recommendation.
  • Answer only what you are asked, and never give additional details or go beyond the question.
  • It’s okay to say you don’t know or remember something.
  • Review the facts of the case before the deposition. Your lawyer can anticipate some of the other party’s questions, but not all. It’s best you don’t have gaps in your memories.
  • Be honest if you don’t understand the question. The lawyer can rephrase or provide further explanations, with no effect on your credibility. 

What Should You Do?

You should reach out to a St. Louis auto accident attorney if you have to give a deposition. It’s your legal right to do so, and you won’t seem “more guilty.” Your lawyer can make sure your rights are protected at this time. Reach out to an experienced attorney today at (314) 361-4242 for a FREE consultation.

How a Truck Drivers Health Can Lead to a St. Louis Truck Accident

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Even with federal laws in place, you may still find a driver with poor health behind the wheel of a truck.

st. louis truck driver

Trucks drivers often need to exert more caution on the road than drivers of passenger vehicles. Tt all has to do with the size of the truck.

Because a truck so large, it’s also a lot more difficult to handle – a truck needs a lot of extra space to perform certain actions like turning, and it has about 4 blind spots passenger car driver should always avoid. However, truck accidents do happen, and when they involve a truck, the impact often leaves extreme consequences.

It’s not an exaggeration to say then that if a truck driver isn’t 100% focused when they are behind the wheel, then everyone on the road is in danger. One instance where a truck driver wouldn’t be totally focused on the road would be if their health wouldn’t allow for it.

How a Driver’s Health Is Relevant

Because they are operating such heavy vehicles, federal law imposes certain regulations on how the truck driver must behave on the road. Drivers are also required to be examined by a physician who will determine if the driver is fit for this activity or not.

Some health issues should automatically stop the truck driver from getting cleared to operate the truck:

  • Hearing issues – it’s vital to be completely aware of your surroundings when driving a truck, and even partial loss of hearing affects that;
  • Vision issues – because trucks are harder to manipulate, the driver must have good eyesight;
  • High blood pressure – high blood pressure typically means a person is at a higher risk of having a heart attack. If the heart attack happens while behind the wheel, the driver would likely lose control of the truck;
  • Diabetes – some people suffering from diabetes are more likely to have seizures or faint;
  • Epilepsy – during an epileptic fit, the person is no longer in control or their body. 

These health restrictions are made to keep everyone safe on the roads. Drivers with poor health can potentially lose control of the truck, and end up in a very big collision.

Even with federal laws in place, you may still find a driver with poor health behind the wheel of a truck.

What You Should Do

If you were in a car accident involving a truck, and the driver was suffering from some health condition that should have prevented them from getting behind the wheel, then you may be entitled to compensation.

The most likely at-fault party in this scenario is the trucking company who knowingly allowed the driver to continue their duty in spite of their condition. It’s unlikely that the company was unaware of the driver’s condition, but if the driver did indeed hide their condition from their employer, then you may be able to recover damages directly from the driver.

Get in touch with a St. Louis car accident lawyer to understand your next move. Give us a call 24/7 at (314) 361-4242 for a FREE case evaluation.

Giving a Deposition in Your St. Louis Car Injury Case

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Giving a deposition in a personal injury case can be a nerve-wracking task, but keeping calm and going there prepared will make a big difference.

judges gavel

If you were injured in a car accident and now you are in the discovery phase of your personal injury case, you might want to be prepared for giving a deposition. In the discovery phase, both parties have to exchange the information they have so that they can prepare for the next step of the trial.

During your deposition, your St. Louis car accident attorney and the insurance company lawyer may ask questions, and you will answer under oath. That means that what you declare can be used as evidence in the case. While your lawyer will try to show how the injuries affected your life, the insurance company defense lawyers will attack any inconsistency or vague statements and use them to damage your credibility.

It is important that you are prepared when you give a deposition. Your St. Louis auto injury attorney will surely instruct you and give tips on how to word your statements and what to emphasize, but here are some tips you can read that summarize the basic things to consider.

Don’t Exaggerate the Facts

Even if your personal injury has affected your entire life and you are feeling intense emotions over the changes you need to face now, try to remain objective when presenting the facts. Exaggerating facts can be identified and pointed out by defense lawyers, which could be bad for your credibility.

Being unprepared for your deposition will definitely show, and it will be exploited by the defense attorneys. Before you give a deposition, recap all the details of the incident and the aftermath, and structure it in your mind clearly, so that you don’t seem hesitant or unsure about what happened. The lawyers will ask a lot of questions, asking for details and timelines of the events, so be prepared to answer straightforward and with confidence.

Keep Your Answers Concise – Short and Clear

Depositions are not actually doing a favor to the victim of a car accident. They are a good opportunity for the defense lawyers to build up a case against you. So, the best approach is to give them less material to work with. Keep your answers short and simple and don’t provide details that could be interpreted and used against you. If you are not sure about what to answer, it’s best to ask for a rewording of a question.

Keep a Polite and Serious Image

Defend your credibility by showing up on time for your deposition, wearing clean and appropriate clothing and talking politely and calmly. Anger and other emotions can damage your deposition, so make sure you are prepared, confident and strong when being challenged by the defense.

Giving a deposition in a personal injury case can be a nerve-wracking task, but keeping calm and going there prepared will make a big difference. Remember what everyone is there for and keep your deposition clear and working in your advantage. 

Partially at Fault for a Car Accident – Am I Entitled to Compensation?

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What if the victim isn’t 100% a victim? What if they partially contributed to the accident too?

Car accident cases can be very complex. In a straightforward situation, you have a clear guilty party and a clear victim. The guilty party, whose actions have led to a car accident and injury of the victim, is generally liable to cover the medical expenses and property damage of those they hurt.

two men discussing car accident

Based on the severity of the impact, a settlement amount is negotiated, the victim receives payment, and everyone can move on. But what if the victim isn’t 100% a victim? What if they partially contributed to the accident too?

Can you still recover damages in this case?

Understanding Comparative Fault

Missouri is a pure comparative fault state, which means the amount of damages you are able to recover in a car accident lawsuit is reduced by the percentage of your own guilt. Because you may have contributed to the results of the impact, Missouri believes you should not get full compensation.

For instance, if you are 20% responsible for the accident, and your total losses are $1000, you can only receive 80% of the damages to account for your own fault. As a result, you generally cannot receive more than $800 as a settlement.

Will It Affect Insurance Claims?

Most car accident cases go through one of the party’s insurance companies and don’t see a day in court. In Missouri, it’s mandatory for drivers to carry auto insurance, so it’s very unlikely to get a case on trial unless you have some serious accusations – like if the other driver intentionally tried to run you over with a car. Even then, the matter is likely to go through criminal court, not a civil court, where you’d normally get the settlement.

The pure comparative rule can affect your insurance claim as well. Though there’s no rule saying the adjuster has to account for your guilt percentage, they can certainly use your own fault as leverage to lower the settlement as much as they can.

How to Receive a Better Settlement

Whether you are going the insurance claim route or taking the matter to court, the amount of damages you receive can depend greatly on your St. Louis car accident lawyer.

In a trial, your lawyer has to convince the jury this accident has caused you harm, and your involvement in it was small, and may not have contributed greatly to the collision. This way, the amount you get can be higher.

The same goes for insurance negotiations. Your lawyer will meet with adjusters and argue on your behalf for the best settlement possible. It’s very difficult to accurately establish a percentage of fault in a car accident. Most of the time, the end result depends on the skills of your attorney. Therefore, it is important to get in touch with an experienced attorney as soon as possible.

For FREE legal advice 24/7, give us a call at (314) 361-4242.

Paralyzed After a St. Louis Car Accident

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If a car accident leaves you paralyzed, whether your condition is temporary or permanent, you are likely entitled to compensation.

st. louis woman in wheelchair after car accident

Paralysis is a temporary or permanent inability to move a part of the body. In most cases, it is caused by nerve damage, though it can also be triggered by an injury to the body that can disrupt a person’s ability to move or feel anything in that area.

Some victims of car accidents can suffer from various forms of paralysis. The most common type, in this case, is damage to the spinal cord – 36.5% of all spinal cord injuries in the U.S. are sustained in motor vehicle accidents. If a car accident leaves you paralyzed, whether your condition is temporary or permanent, you are likely entitled to compensation.

How to Get Compensated

A paralysis injury can completely change your life. Depending on the severity of your injury, you can expect anything from countless medical appointments, long-term treatment, financial burdens, and even losing your job if you are unable to resume your work activities as a result of your injury.

At this time, you should get in touch with a St. Louis car accident lawyer to see what your options are. One likely option for compensation is to file a car injury claim with the other driver’s auto insurance company. You also have the possibility of suing for negligence, but note that these cases are most often resolved out of court.

Car accident claims require you to provide evidence of your injuries to justify the amount of compensation you are asking for. Because of this, it is in your best interests to work with an experineced attorney.

How Much is Your Claim Worth?

When someone’s actions behind the wheel injure another person, that individual becomes liable. In most cases, the matters are resolved through the at-fault party’s auto insurance, as people generally do not have the funds to pay for damages out of pocket. As a result, it is in both party’s interest to solve the matter amicably, outside of court.

In a car accident claim, you will be compensated for the damage and pain the accident has caused you. Your lawyer, when negotiating the settlement with the insurance company, will ask for an amount that can account for:

  • All your medical treatment, past, present, and future that are connected to your auto injury
  • Other aspects of your life that have been impacted by the accident

Speak With an Experienced Lawyer

Paralysis injuries generally get a high settlement, because the damage to the victim is severe, and often permanent. Even so, the amount you get will still be the result of a negotiation process with the insurance company, so it’s in your best interest to speak with a St. Louis auto accident lawyer as soon as possible.

Additionally, you may also be entitled to other types of financial aid, like disability benefits. Your lawyer can review your case and help you understand what you are entitled to. Give us a call 24/7 for a FREE consultation.