Whiplash & Whiplash Injury St. Louis

Archives for April 2020

Is It Ever a Bad Idea to Speak With an Attorney After an Auto Accident?

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Hiring a lawyer seems like an expensive and complicated business. A lot of people are worried that they can’t afford a lawyer’s fee while others are simply wondering if they actually need a lawyer. 

When it comes to car accident victims, in most cases the injured person has to deal with their own insurance company, with the other driver’s insurance company or with a different plan, like health insurance or workers’ compensation. Some individuals trust that insurance companies are well-intentioned enough to cover all the needed expenses of a car crash victim.

calling an attorney after car accident

Well, it’s good to know what real-life cases teach us when it comes to car accident claims. 

Insurance Companies Use Tactics to Reduce a Settlement

It might sound cynical to some, but insurance companies are for-profit companies and their interest is to spend as little as possible on insurance claims. They hire insurance adjusters and teams of lawyers who aim for the same goal: minimizing the company’s costs. They are directly motivated to do so through incentives and commissions.

On the other hand, some car accident victims look for quick money and they try to exaggerate their injuries. You might have even heard of people who have succeeded in such a scheme. Remember, insurance fraud is a crime in all states. Do not exaggerate your injuries.

You Might Not Be Aware of the Extent of Your Damage

Experienced St. Louis car accident lawyers have seen enough cases to know that one should be aware of possible future expenses. This is why you should only sign a release paper if your doctor doesn’t foresee any future complications or further treatment. 

Your attorney is aware of legal limitations, possible medical expenses, and other factors that can influence your settlement. Relying on their expertise instead of trying to navigate through a complicated legal system while you are still recovering from car accident injuries is not very effective. 

Why It’s Usually Best to Work with a Lawyer 

In conclusion, speaking a car accident attorney is never a bad idea. Most experienced car accident attorneys offer a free consultation and can help you understand what you may be entitled to. That way, you can focus on your recovery while they negotiate with the insurance company and make sure you get the compensation you need to recover and move forward.

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Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

How Can a Traumatic Brain Injury Affect Your Life After an Auto Accident?

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A traumatic brain injury (TBI) following a car accident can change your life profoundly and forever. While rehabilitation is possible, many TBI victims will have to face new challenges that will affect the way they live their life.

Because the impact of a traumatic brain injury can be so severe, a personal injury claim must account for all the ways the condition will alter a person’s life. A team of doctors will be able to assess the effects of a TBI on a patient and an experienced St. Louis auto accident attorney can help a victim receive proper compensation. 

brain injury in auto accident

The Effects of Traumatic Brain Injuries

The effects of a TBI can be long-lasting or even permanent. Depending on the severity of the injury, TBI can cause permanent physical or even mental disability. Even the patients who appear to recover from the injury may still face some challenges and experience life-long symptoms.

As a result, tasks that were once routine, such as putting on clothes, brushing one’s teeth or driving to work may become a challenge or even impossible to perform. 

A TBI can also affect a patient’s personal life and lead to several cognitive impairments. For example, a TBI victim may have a difficult time remembering family members’ names or placing an order at a restaurant. 

A traumatic brain injury can affect a person on different levels – physical, cognitive, behavioral, sensorial, and so on.

Here are some of the effects TBI victims can experience: 

Physical Effects

Cognitive Effects

  • Difficulty focusing
  • Memory problems
  • Slurred speech
  • Difficulty processing information
  • Confusion
  • Repetitive gestures or usage of words
  • Difficulty with language processing
  • Problems with planning or abstract thinking

Behavioral Effects

  • Fluctuating emotions
  • Aggression
  • Depression
  • Lack of awareness
  • Lack of motivation
  • Irritability
  • Impulsivity

Sensory Effects

  • Loss of smell
  • Bad taste in the mouth
  • Decreased or loss of hearing
  • Partial or total loss of vision
  • Blurred vision
  • Difficulty judging distance
  • Difficulty perceiving temperature.

Why Speak With an Auto Accident Lawyer?

If you or a loved one has been hurt in a car accident, then you need someone by your side who will protect your rights and fight for fair compensation. 

A traumatic brain injury can affect all aspects of your life and proper compensation should account for all the damage. We’re talking here about medical bills, lost wages, and pain and suffering. 

An experienced auto accident lawyer who worked on TBI cases before will know what to expect from such a diagnosis and how to negotiate with the insurance company to get you the full amount of compensation you are entitled to. 

A TBI requires complex investigations to assess the full extent of the damage. Recovery is often long, painful, and costly. And, the impact of such an injury can have on a person’s life is often devastating. Reach out to an experienced lawyer to get justice.

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Click to Call: (314) 361-4242

St. Louis Car Accident in a Work Zone

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Work zones can increase the risk of a car accident, even though they are typically marked by signs warning oncoming cars of what’s ahead.

Work zones are those areas under construction that cannot typically be fully isolated, such as those you can find on highways. Circulation cannot be stopped completely so the construction firm will take other measures to ensure safety.

If an accident occurs, who’s liable?

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st. louis work zone

What Causes Work Zone Accidents?

Many work zone collisions are the result of driver negligence, specifically not being careful while crossing near a work zone, which puts everyone else present at risk, from the driver to the workers, and other vehicles.

Here are some examples of when a driver is liable for these accidents:

  • Speeding
  • Ignoring construction signs and signals
  • Distracted driving
  • Inadequate merging
  • Road rage, which causes the driver to act erratically

However, some work zone accidents may be caused by the construction company or its employees. Here are some examples of when this could be the case:

  • Using inadequate signs, or creating confusion among drivers
  • Using equipment which generates excessive lights, that could momentarily create vision-impairments
  • Creating road debris, and not removing it from the road promptly
  • Failing to provide a detour when needed, etc.

How to Prove Liability

If you are in a car accident that occurred in a work zone, one of the first steps to getting compensated is to answer the question: who is responsible?

Note that in Missouri you can have more than one party at-fault for a collision. Even you, the victim, could share part of the blame. You may think a driver caused a work zone accident because they are slightly speeding. Upon investigating, it is found that the accident was made worse because of road debris left on the road, which led to the speeding driver losing control of the car. In this case, both parties may be liable to pay you damages.

At the same time, you can also be found partly negligent because you are on your phone at the time of the accident. Your liability is calculated at 20%, which means you will only collect 80% of your total damages.

Proving liability involves building a case that shows who is responsible for the collision, and should, therefore, cover your damages. To do it, you will need sufficient evidence from the accident that can paint an accurate picture of events to convince the insurance company to award you a fair settlement.

Speak With a St. Louis Car Accident Attorney

When you’re going up against multiple liable parties, or a company with legal representation, it is very important to have experienced legal representation on your side as well. Reach out to a St. Louis car injury lawyer now for further assistance in your work zone collision case.

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Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

7 Tips for Staying Alert & Driving Safely in Work Zones

To drive safely in a work zone, it is important to know what to expect and how to react. Let’s consider a few tips to stay alert and avoid dangerous situations in work zomes.

What are the Dangers of Driving in Work Zones?

There are many dangers that come with driving in work zones.  For one, the traffic patterns can be confusing and unpredictable. This is generally because lanes may be closed or shift unexpectedly.

In addition, the construction equipment itself can pose a danger to drivers. For instance, large trucks making deliveries to the construction site may block lanes of traffic or obscure your view.

work zone road sign

Another danger of driving in work zones is the increased risk of car accidents. Drivers may be distracted or simply not paying attention to the road. In fact, according to the National Highway Traffic Safety Administration, since 2010, work zone deaths have increased 44%..

Now that we know a little bit more about work zones and the dangers they pose, let’s talk about how to stay safe while driving in them.

Tips for Staying Safe When Driving in Work Zones

Pay Attention to Road Signs

Work zones will usually have signs that warn drivers of the upcoming hazards. Pay attention to these signs and be prepared for the changes in traffic.

Stay Calm

It’s easy to get frustrated while driving in a work zone, but it’s important to stay calm and focused. If you start getting angry or stressed out, you will likely make mistakes that could lead to an accident.

Be Patient

Remember that workers are just doing their job, and they want to get it done as safely and quickly as possible. Getting angry and honking your horn will not make them work any faster.

Put Away Your Phone

Distracted driving is one of the leading causes of accidents in work zones. Therefore, it’s important to put away your phone and focus on the road.

Follow the Speed Limits

Work zones will usually have a designated speed limit. Be sure to follow the signs and drive at a safe speed.

Watch Out for Workers

If you’re not paying attention, it’s easy to hit a worker. Be sure to keep an eye out for them and slow down when you see them working.

Use Caution

When making turns in a work zone, be sure to use extra caution. There may be construction equipment or workers in the area that you’re not expecting.

Speak with an Experienced St. Louis Car Accident Attorney

If you or someone you know has been injured in a work zone auto accident, it’s important to seek legal help. The experienced car accident attorneys at The Hoffman Law Firm have a proven track record and can help you get the compensation you deserve. We are here to fight for those who have been injured in car accidents due to the negligence of others. Contact us today for a free consultation.

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Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

What If I Am Unable to Return to Work After a Car Accident injury?

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A car accident can leave victims with limited mobility, lost functions in their bodies, or dealing with chronic pain and other impairing conditions. Reaching MMI (Maximum Medical Improvement) and returning to your old job can take a long time. A lot of victims are surprised to find out that they don’t fit their old job anymore.

car accident victim with a spinal cord injury

It’s possible that your health condition after the accident just doesn’t allow you to simply return to work after healing your injuries. In this case, you can go through vocational rehab, which helps you readapt and go back to work. You can either return to your old job or go through a professional reconversion altogether.

When Should You Return to Work After a Car Accident?

In general, the sooner, the better. Recovering from car accident injuries is no vacation. Besides the physical challenges, you will deal with mental problems that can go worse the more time you spend off work. 

In some cases, the victim doesn’t have to wait to reach the MMI to get back to work. Depending on the doctor’s recommendation, you might be able to work again in certain circumstances, even as you recover. Going back to your daily routine and being active will speed up your recovery. 

Not to mention, if you don’t get back to work once your doctor says it’s ok, you might lose your benefits. Check your medical record after each evaluation, since some doctors may give you the OK in writing and not mention it verbally. Once you are given the green light for returning to work, you must notify your employer immediately. 

At the same time, once you are back to work, don’t push yourself over the limits that were recommended by your doctor. If your condition worsens, the insurance company will likely put it on your personal decision to work more than recommended.

Vocational Rehab (VR)

If the car accident caused any type of impairment or disability, vocational rehabilitation will help you adapt professionally. 

You will be assessed by a specialist and together you will identify points that need to be addressed. They will evaluate your aptitudes and determine if you will need special conditions or assistance at work. Your career counselor will help you make a list of possible careers you can pursue, and help you look for available jobs.

Speak With a St. Louis Car Accident Lawyer

A car accident can have serious consequences that can affect all aspects of your life, not just your health. 

If you want to have a smooth way back to work and receive all the benefits you are entitled to, hiring an experienced St. Louis car accident lawyer is the best decision. They are aware of the benefits you can receive and are able to negotiate with the insurance company to get you the best outcome while you focus on your recovery. 

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Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Getting Compensation for Face Injuries After a St. Louis Car Accident

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Facial injuries, also known as maxillofacial trauma in medical terms, are common in car accidents. Depending on the strength and the nature of the impact, you can suffer from mild facial injuries or permanent scars and disfigurements. 

The question many victims ask us is whether or not they can obtain compensation for these injuries. The short answer is yes, but you will benefit greatly from speaking with an experienced St. Louis auto accident attorney who can understand the implications of these injuries and can get you a fair settlement.

Common Face Injuries in Car Crashes

According to a study by Dr. Brian T. McMullin from the Medical College of Wisconsin, there were over 167,000 car occupants that suffered facial injuries, out of all the crashes included in the data. 

The most common types of maxillofacial injuries were:

  • Broken nose
  • Disfigurement
  • Lacerations
  • Airbag burns
  • Jaw dislocations
  • Soft tissue injuries

Diagnosis of maxillofacial injuries can be challenging because the region tends to swell up and bruise intensely, which can mask the true extent of the damage. Soft tissue injuries are not easy to evaluate either. A car accident victim should do everything to get medical assistance as soon as possible and keep records of their medical conditions and the progress of their injuries.

Immediate medical attention is needed in case of facial injuries to determine the depth of the injury and to prevent possible infections of fractures and other complications. 

Because of the close proximity with the central nervous system, the respiratory and the digestive systems, maxillofacial injuries should be considered serious injuries, no matter how mild the impact was. The psychological aspect of suffering from facial trauma is also very important, as it can have a big impact on someone’s quality of life. 

What Should Be Compensated in the Case of Facial Injury?

Face injuries are some of the hardest ones to accept and deal with, because they are always visible, causing a lot of emotional distress to the victim. If the person will have scars or disfigurement for the rest of their lives, the pain and suffering it causes can be significant. Relationships might also suffer damage and even working might be impossible. 

Depending on how great the impact of the injuries is on the victim’s life, a settlement can be negotiated to cover economic and non-economic damage. 

A car accident victim should start collecting evidence for their claim as early as they possibly can. Taking photos of the cars, the scene of the accident and the injuries, talking to eye-witnesses and getting a medical evaluation are the first things one should do. 

Speak With a Auto Accident Lawyer

Working with an experienced St. Louis car accident attorney is essential in face injury cases, as they can often obtain a higher settlement by negotiation or by litigating with the insurance company. They also have a better idea of what complications can be expected or what tactics might be used by the insurance company to lower the settlement. 

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

April is Distracted Driving Awareness Month – Here’s How to Stay Safe

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Distracted driving awareness month has been a great way of observing this road safety issue and explore the best solutions for it. The 10th anniversary of Distracted Driving Awareness month was planned for April 2020, but the events were postponed to an undetermined date later this year because of the coronavirus pandemic. 

distracted driving st louis car accident

Why Is Distracted Driving Awareness Important?

Several organizations and institutions join forces to raise awareness of the dangers of distracted driving. They engage the public in various actions, collaborate with companies to make driving safer for everyone, and aim for the same goal: reducing the number of car accidents caused by distracted driving. 

In 2018, according to the National Highway Traffic Safety Administration, 8.5% of the fatal car crashes were caused by distracted driving. In truck accidents, distracted driving was responsible for 7.1% of the cases. 

When we analyze the data concerning teen drivers, the numbers are even more worrying. In this age segment, distractions account for about 21% of car accident causes. 

A lot of people tend to only think of mobile devices when it comes to distracted driving, but it refers to other types of distractions, too. Turning the volume up when your favorite song is up, browsing for a radio station, having an interesting conversation with your passengers or the kids being loud in the back seat are all distractions for a driver.

What Is the Purpose of Awareness Month?

As mentioned, a lot of road safety organizations are releasing informative materials in April to raise awareness about what should be avoided when behind the wheel. The “U drive. U text. U pay” campaign by the NHTSA is such an example, putting together statistics, videos of real cases, and testimonies to inspire people to take action against distracted driving.

What Can You Do About Distracted Driving?

Taking action as an individual is an important contribution to the collective effort to decrease the number of accidents caused by distracted driving. Taking responsibility and sharing information on the subject is something that will change the way we see such acts of safety rule violations. 

Reading and watching informative materials, distributing them to your friends and family, especially teen drivers, can help others drive more cautiously. Use the hashtag #DistractedDrivingAwarenessMonth when sharing relevant messages across social media and make sure you give an example by eliminating distractions from your driving. 

So far, statistics have shown that people are aware of the danger of distracted driving, but decide to do it anyway. By identifying the reasons why you might be distracted behind the wheel, you can come up with the right solutions for you. By using phone apps, instructing your passengers to behave, or taking breaks when you need to use the phone and you will be observing Distracting Driving Awareness month properly!

Have You Been Involved in a Distracted Driving Accident?

If you or a loved one have been hurt by a distracted driver, you have a right to compensation. Get in touch with a St. Louis car accident lawyer to protect your legal right to compensation.

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242