Whiplash & Whiplash Injury St. Louis

Archives for May 2020

TMJ Car Accident – Jaw Pain After a Car Crash

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When it comes to a car accident, TMJ disorders often occur when the joints are damaged, leading to mild or severe pains that can even prevent you from eating or speaking comfortably.

TMJ stands for “temporomandibular joints,” which are the joints that connect your jawbone to your skull. They are placed on each side of the head and play a critical role in allowing you to move your jaw, and therefore speak, eat, and even make facial expressions.

It’s one of the most used joints in your entire body, and when these joints are damaged it can create quite a lot of discomfort. One scenario where your TMJ can suffer damage is a car accident.

How Does This Happen?

The full causes of TMJ disorders aren’t yet known, and some people can develop these pains in their jaws even without a clear cause. But when it comes to a car accident, TMJ disorders occur when the joints are damaged, leading to mild or severe pains that can even prevent you from eating or speaking comfortably.

A direct blow to your TMJ during a car crash can cause a lot of damage. These joints sit right in front of the ear, so the direct impact is more common than you think. However, the TMJ can be affected if you suffer a blow to any of the other following regions as well:

  • The jawline
  • The head
  • The ear,
  • Or even your teeth

Apart from the obvious pain or soreness when moving your jaw, TMJ injuries can even present with more severe symptoms such as:

  • Pain that feels like a toothache
  • Ear pain
  • Headaches
  • Muscle spasms in the jaw region
  • Tongue pain
  • Dizziness or vertigo.

If you feel any pain in your jaw after a car accident, it’s vital to seek medical attention at once, especially if it’s coupled with other symptoms. A doctor may need to run a few different tests to see exactly what’s causing the jaw pain to provide proper medical treatment.

Can You Get Compensated?

If your jaw starts hurting after a car accident, seeking medical attention right away will also help you prove that the pain itself is a result of a car accident. This way, you can then file a car injury insurance claim and receive compensation for all the medical treatment resulting from your injuries, as well as any other pain and suffering.

Don’t assume these pains will go away with time, or by using home remedies. Damage to your jaw can affect your life in ways nobody expects. If you can’t move your jaw without feeling stabs in your TMJ, then things, like speaking or even properly eating a meal, become increasingly more difficult.

Speak to a Lawyer Now

Speak with a St. Louis car accident attorney before filing a claim, especially if you are dealing with less frequent injuries like TMJ damage. If you experience jaw pain after a collision, get in touch with a lawyer right away to see what your best legal options are.

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Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

3 Things To Consider Before Accepting a Car Accident Settlement

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Before you accept the insurance companies’ settlement offer, there are three important things you should consider.

The aftermath of a car accident can take a toll on you emotionally and financially. A quick payout offered by the at-fault driver’s insurance company sounds like a dream. They are offering you some quick cash you can then use to get yourself back on your feet.

However, before you sign on the dotted line and accept their offer, there are three things you should consider:

insurance adjuster offering pen to sign settlement offer

1. How Much Your Case Is Worth

The insurance company knows how much your case is worth. After all, they have a lot of experience with this sort of thing. But do you?

A car accident settlement should account for:

  • Medical bills
  • Pain and suffering
  • Property damage
  • Mental health treatment
  • Future medical needs related to your current injuries/conditions
  • Costs you’ve added because of the accident (like car rental costs if yours cannot be used)

When you add all these costs, especially the future ones that have to be estimated, that can reach a big final amount, and there is simply no way an insurance company will offer that right in the beginning. Instead, they will usually present a lowball offer and urge you to accept it. And if you’re pressed for time, you may want to accept it, even if it’s nowhere near what you’re entitled to.

2. Those Parts the Insurance Adjuster Doesn’t Mention

The settlement document can have some clauses the insurance company won’t take the time to explain to you. One of the most damaging is a liability release.

This, if you sign it, generally means you waive your right to seek any future reimbursements or damages that may appear later in the game. So, for instance, if your medical condition worsens and you need more treatment than initially thought, you cannot go back to the insurance company and re-negotiate, even if technically you’d have this right. You should carefully read the settlement to have a full understanding of what you’re signing.

3. How Much They Insist You Should Accept the Offer

Again, the insurance company knows exactly what your case is worth. And sometimes, car accident claims can be worth a lot, which is bad news for the company. So they offer a lower settlement and try to convince you to sign it.

They may be very adamant that this is a generous offer, that they’re sympathetic to your situation, and that you should accept the offer fast. They may even threaten to pull the offer soon to give you an extra jolt. The thing is, if the insurance seems a bit desperate to get you to sign, it may be because your case is worth a lot, more than you ever thought.

Speak With an Experienced Attorney Before You Sign Anything

Don’t sign any settlement before you discuss it with an experienced attorney. Your case may be worth a lot more than the insurance company is claiming. Your attorney can review the details of you case and help you protect your right to the full amount of compensation you are entitled to.

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Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Are You Required to Have Uninsured Motorist Coverage in Missouri?

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Drivers in Missouri are required to carry different types of auto insurance policies, and some may wonder if all of them are really necessary.

In other words, what type of insurance do you actually need in Missouri?

missouri car insurance car accident

The Two Main Types of Auto Insurance

There are two auto insurance policies all Missouri drivers are required to carry. The first is the standard auto insurance, which protects you in case you get into a car accident. This will cover your own medical costs, as well as pay for any damages you’ve created if you are at-fault for the accident.

The other type of insurance is one some drivers may think is not as necessary as the first: the uninsured motorist insurance. This type of policy kicks in when you are in a car accident with another driver who does not have any auto insurance, as well as in a situation where the at-fault driver flees the scene (known as a hit and run offense).

Many believe that because auto insurance is mandatory in the state, then there is no real need for this type of insurance. Plus, the chances of becoming the victim of a hit and run are also rather low, right?

However, it’s not exactly true. For one thing, an estimated 14% of Missouri drivers do not have auto insurance at all, either because their policy expired, or they are driving without a valid driver’s license (you need proof of insurance to renew your license in the state). An AAA Foundation report found that 30 people have been killed during a hit and run in Missouri in 2016, and that’s not accounting for the number of cases where the accident resulted in injuries or property damage.

These Policies Are Non-Negotiable

The standard auto insurance and the uninsured motorist coverage are mandatory in the state, and failing to carry them can result in a fine or even a suspended license.

However, as you can see, even if they were not mandatory, it still would have been a good idea to carry both these protections, as you never know who you will encounter on a Missouri road.

There are, of course, other types of insurance policies that may increase your protection in the event of a car accident. For instance, uninsured motorist coverage does not cover property damage, so if you’re in an accident with an uninsured driver and need to pay for car repairs, this policy will not cover it. You may be able to cover these costs through your standard policy and an additional insurance policy to protect your vehicle.

Should You Speak With an Attorney?

If you were the victim of a car accident, you should talk with an experienced lawyer to see what your legal options are. Reach out to a St. Louis car injury attorney now for a case consultation.

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

How to File a St. Louis Car Accident Injury Claim for a Minor

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Minors are just as exposed as adults when it comes to road accidents. Unfortunately, since cars are very often used as family vehicles, minors do get injured in crashes and even lose their life. Since minors don’t have the possibility to enter a contract or negotiate a settlement, the personal injury claim must be done by someone else.

If your child was hurt in a car accident, it’s important to know that claims made in their name will be handed a bit differently than a personal injury claim made for an adult.

child car accident lawyer

Missouri Law in Car Accident Claims for Minors

First of all, Missouri and other states have laws that require any personal injury settlement for a minor to be approved by the court. This is done in order to make sure that the child’s best interests are protected and that they are not compromised by an unwise or ill-intentioned parent or guardian. 

There is also a difference when it comes to the statute of limitations or the period of time that you can use to make your claim. In a civil case of personal injury for an adult, the statute of limitations is up to two years from the discovery of the injury. When a minor is the injured one, the statute of limitation extends until the victim is 21 years of age.

What Is a Friendly Suit?

Since a minor doesn’t have the assumed necessary judgment to evaluate their settlement, their case must be brought to court. In most cases involving a minor with injuries, the matter is solved through a “Friendly Suit”, a court suit where all the involved parties have similar interests and cooperate to ensure the minor’s protection. 

At this point, the parents or guardians of the minor cannot represent the victim by themselves, and a lawyer will be appointed. There is also added flexibility when it comes to the county where the lawsuit must be filed. If it’s too difficult for the plaintiff to file the lawsuit in the county where the injury occurred, the suit may be moved somewhere more convenient. 

During a friendly suit for a child’s personal injury claim, the terms of the settlement and circumstances of the accident are discussed in front of the court, and expenses are being laid down in detail. The court not only supervises that the amount is just, but also that it will be spent in the minor’s best interests. 

Since personal injury suits involving minors have to be handled by attorneys, the minor’s parents or guardians have the best chance of getting a fair settlement by speaking with an experienced St. Louis car accident attorney. They will have the expertise and qualifications to help you file a claim on behalf of your minor child.

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

What Should I Do If I’m Hit by an Uninsured Driver?

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Even though car insurance is legally required in Missouri, it’s not uncommon to be hit by a driver who lacks proper insurance coverage.

It’s an unfortunate fact that not everyone who drives abides by the law. And even though car insurance is legally required in Missouri, it’s not uncommon to be hit by a driver who lacks proper insurance coverage. 

According to the Insurance Information Institute, around 14% of all drivers in Missouri are not properly insured – putting the state at 17th place. So what should you do if you’re hit by a driver who lacks insurance coverage? Find out now!

Uninsured Motorist Coverage From Your Insurer Is Your Best Option

Uninsured motorist coverage (UM) is the best way to get compensation when you’ve been hit by a driver without insurance. If you are hit by an uninsured driver and have UM coverage, you will be compensated by your insurance company. 

In Missouri, this type of coverage is mandatory. By law, all drivers must have UI coverage. Your auto policy in Missouri must cover at least $25,000 in damage per person, and $50,000 per accident. However, this is just a minimum. A higher coverage limit means you will get more protection in the event that you are involved in a crash with an individual who does not have insurance.

It’s important to note that while uninsured motorist coverage (UM) is mandatory in Missouri, underinsured motorist coverage (UIM) is not mandatory. UIM covers the costs of your accident if the at-fault party has an insurance policy, but the damages of the accident exceed their coverage limit. 

If you want to protect yourself from uninsured and underinsured motorists, it’s best to carry both UM and UIM coverage.

You May Be Able To Recover Further Damages With A Civil Lawsuit 

If your UM/UIM coverage does not cover the full extent of the damages done to your property or the cost of medical treatment for your injuries, you may be able to take the at-fault driver to court and sue them for these incurred expenses.

However, this can take quite a bit of time and money, and there is no guarantee that you will win the case, or that the responsible party will even have enough money to repay these damages. It is best to discuss your case with an uninsured and underinsured motorist lawyer to determine how to go about recovering compensation.

Speak With a St. Louis Auto Accident Attorney Today!

Hiring an uninsured or underinsured motorist lawyer in St. Louis can help you streamline the process of filing your claim and getting your compensation. 

In addition, an experienced attorney can help you negotiate a better settlement with the insurance company, or even pursue further legal action if necessary.

Don’t go it alone. If you have been hit by an uninsured or underinsured driver in St. Louis, speak with an experienced lawyer who can help you get the compensation you deserve for damage to your car, personal injuries, medical bills, and more. 

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

How To File a Whiplash Car Accident Injury Claim & Recover Compensation

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Whiplash is a common potential injury in a car crash, as it occurs when your neck and head are forcefully jolted back and forth.

If you are the victim of a car accident and suffer from whiplash as a result, you may be legally entitled to seek damages from the at-fault party, and cover your medical treatment this way. And the way to do that is through an insurance claim with their carrier. Here’s how to file a successful insurance claim for whiplash to get compensated:

man with chronic pain after a car accident

1. File a Police Report

You should start filing the insurance claim by calling the police and having them create a report of the events. Police reports are seen as unbiased accounts of events since they have no gain about who gets compensated or how much. This can help you a lot during your claim.

2. Call a Lawyer

Perhaps one of the biggest mistakes you can make in any insurance claim is to not work with a lawyer. Car accident attorneys can help make sure your rights are protected, and that you can continue to seek your whiplash treatment without fear you won’t be able to pay for it.

3. Stick to the Facts

When filing an insurance claim, whether it’s your company or the at-fault driver’s, an insurance adjuster will want to talk to you about the accident. In a way, you’ll be giving a statement, so it’s really important to be careful about what you say.

Your safest bet is to always stick to the facts: the date, time, and place of the accident, and the fact that you are receiving medical treatment. Do not offer any information about your whiplash, or what kind of treatment, how you’re feeling, as these can be later interpreted by the company and hurt your claim.

4. Don’t Admit Fault, or Allude to It

During the claims process, it’s best to let the evidence speak for itself, so you should never admit fault or even partial fault. Remember Missouri has a comparative fault system, and if you agree that you are 30% responsible for the crash, you can only recover 70% of your damages.

5. Speak With an Attorney Before Agreeing to an Independent Medical Exam

The adjuster may request you see their physician for an independent medical exam, but legally speaking you are not necessarily required to do so. Your medical bills and records are generally enough for the insurance company to make a decision regarding your claim, and their request for an additional exam is just a fishing expedition. If the insurance company is requesting that you see their physician, discuss this with your attorney.

Speak With a St. Louis Whiplash Lawyer

Whiplash injuries can require a lot of treatment, and if you don’t want to have to pay for it out of pocket, contact a St. Louis car accident lawyer right away for help with your insurance claim.

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242