Whiplash & Whiplash Injury St. Louis

Archives for October 2020

Obtaining Compensation for a Catastrophic Car Accident Injury

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Catastrophic car accident injuries should be compensated in proportion to the damage they inflict, both in the short term and long term.

One of the worst outcomes of a car accident is being left with a catastrophic injury. As its name suggests, it’s an injury that affects you seriously, and should be compensated in proportion to the damage it inflicts, both in short term and long term. 

catastrophic car accident injury

What Is Considered a Catastrophic Injury?

Some of the injuries that can be sustained by car accident victims can fall into this category. The definitions of a catastrophic injury indicate personal damage with a permanent or long-term effect on the victim’s life. 

Here are some of the most common examples of what makes a catastrophic injury: 

  • Neck, spine, and head injuries that require medical assistance beyond first aid. Because they affect such important parts of the body, they are considered catastrophic, even when they don’t cause permanent damage.
  • A major impact on one of the body’s major systems
  • The inability to have any gainful work
  • Injuries leading to death or a terminal condition
  • Permanent disability

Examples of catastrophic injuries include TBI (Traumatic Brain Injury), spinal cord injuries, amputations, paralysis, severe burns, loss of one of the senses, internal injuries, and multiple bone fractures. 

How Is Compensation Calculated for a Catastrophic Injury?

When you or a loved one have suffered from this type of injury, it’s important to be legally represented by a good St. Louis car accident attorney who has had previous experience with such cases. Calculating the damage done by a catastrophic injury can be complicated. A claim like this can take a long time and could be compromised by insurance company tactics. 

Measuring loss when the victim goes through such a traumatic event must be done by taking many variables into account, and making estimates based on hard evidence regarding the person’s health and well being in the future. Medical records, treatment, pain, and suffering, lost wages, and other sources of income are just the tip of the iceberg in what needs to go in your claim.

Both economic and non-economic damages should be taken into account when determining the compensation you will get. Besides the costs of immediately dealing with an injury, like medical investigations, treatments, and interventions, you also have to show how the accident impacted your life. Damages can also represent increased house maintenance costs, babysitting, special furniture, or devices you have to use because of your condition, and so on.

Non-economic damages include pain and suffering, depression, loss of relationships, and decreased quality of life. These damages are not easy to calculate, and they are usually determined as a percentage of the economic damages you have. Depending on the severity of your injuries, they can increase your claim by 2, 3 times, or more.

Discuss Your Claim With an Experienced Attorney

Have you or a loved one suffered from catastrophic injuries caused by a car accident? Speak with an experienced St. Louis auto accident lawyer as soon as you can, and ensure your legal right to compensation is protected.

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Documents to Share with Your St. Louis Car Accident Lawyer

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The Association for Safe International Road Travel reports that car accidents are responsible for injuries, disability, or death of more than 2.35 million individuals in the United States annually.

If you or a loved one have been involved in a car accident, and have sustained injuries as well as damages to your vehicle, then you would need to seek compensation for the expenses incurred.

st. louis car accident claim documents

In St. Louis, Missouri, all motor vehicle drivers and owners are required by law to have motor vehicle liability insurance coverage. This means you are entitled to compensation if the driver responsible for the accident is not financially able.

Do You Need a Car Accident Lawyer?

The total amount of money you might spend on medical bills and car repair or replacement must be shouldered by the driver at-fault or their insurer.

Most of the time, insurance companies will negotiate for a far lower amount. The process can take weeks, even months. Meanwhile, your expenses continue to pile up. The situation is compounded when you lose income due to your incapacity to work.

You should not settle for an offer that is not commensurate to the financial and emotional damages you suffered. If the offending party or their insurers remain uncooperative, you may need to take the matter to court. 

Compensation is your legal right. Whether you settle or file a suit, you will benefit from being represented by an experienced St. Louis car accident attorney.

What Documents Do You Need to Prepare?

Your St. Louis auto accident attorney can build a solid case with enough evidence to support your claim if you supply them with pertinent documents. These documents may include:

A Police Report

If law enforcement officers covered the scene of the accident, you need to obtain the report they filed.

Medical Records

If you were rushed to the ER, request for treatment records filed by your attending physician and other specialists who administered medical care in connection to the injury you sustained from the accident.

Compile all hospital and pharmacy receipts as well. If you were not hospitalized, you need the bill from the medical practitioner you consulted.

Vehicle Damage Report

Bring your car to a shop that can issue an inspection report along with valuations and repair estimates. If you’ve already done some work on the damage sustained from the accident, ask for an invoice.

Proof of Income Loss

Request your employer for documents showing the hours and days of missed work, which must be consistent with the date of the accident, the extent of your injury, your hospitalization, and doctor appointments.

Personal Journal

Write down as many details as you can of the accident. Record the consequences, including your physical injury, the negative effect on your emotional and mental health, and the impact on your ability to perform daily activities.

Should You Accept a Settlement Offer?

The good news is that very few demands for compensation end in a trial. Most parties at-fault, and their insurers, prefer settlement. However, before accepting any settlement offer, it is important to have an experienced attorney review your claim and make sure you are getting the full amount of compensation you are legally entitled to.

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Why It’s Important to File a Police Report After a St. Louis Car Accident

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A police report contains important information about the car accident – and is a very powerful and useful document.

If you ever are in a traffic accident in St. Louis – even a minor collision – call law enforcement. Even if it’s just a minor fender-bender with no injuries, you should call the police so that a report can be filed. Here’s why this is so important.

police report car accident

What is a Police Report?

A police report is an unbiased report of what happened at an accident site and is filed by a law enforcement officer after they respond to the scene of a crash. This report usually contains quite a bit of information, such as:

  • The precise location where the accident occurred
  • The time and date of the accident
  • The extent of damage to vehicles and property
  • Injuries, if any, sustained by drivers, passengers, pedestrians, and any other involved parties
  • Statements and identifying information of eyewitness
  • Statements of each driver about their perspective of the accident
  • Environmental information about when the accident occurred, such as road conditions, fog, etc.

Basically, a police report contains all of the information about the accident – and is a very powerful and useful document when it comes to proving negligence, fault, and responsibility. 

Why Does Filing a Police Report Matter After a Car Accident?

A police report is a very powerful piece of evidence – whether or not you were at fault for the accident. 

  • Prove negligence & fault if you’re the victim – If you were the victim of a serious car accident, a police report has information that will help prove the responsibility of the other driver.

    This is very important in “shared fault” states like Missouri, where your compensation can be reduced if you’re found to have contributed to the accident due to your own negligence. By using the police report, you can get an unbiased perspective, and make sure the facts of the case are correct during the process of recovering the compensation you deserve.
  • Protect yourself if you caused the accident – Even if you were at fault and caused the accident, a police report can help your St. Louis car accident attorney defend you from false claims. A police report that’s thorough and accurate will help if the other party tries to claim false injury, misreports facts about the incident, or lies to try to get more compensation than they deserve. 

Speak With an Experienced St. Louis Car Accident Attorney ASAP

If you were injured in an accident and were the victim of negligence a police report can help a St. Louis car accident attorney build your case and get you the compensation you are legally entitled to.

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Who Is at Fault for a St. Louis Car Accident in Bad Weather?

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If you’ve been involved in a bad weather car accident, you may be wondering how this affects fault and negligence in your case.

Like many other cities in the Midwest, St. Louis is often subject to seriously inclement weather that can affect driving conditions, such as powerful summer storms, fog in the autumn and spring, and sleet, snow, and ice in the winter. 

st louis weather related accident

If you’ve recently been in an accident and are looking for a St. Louis car accident attorney, you may be wondering if the weather will affect fault and negligence in your case.

You Still Have The Duty To Drive With “Due Care” During Inclement Weather Conditions 

The law – and auto insurance companies – require you to take “due care” and drive responsibly in all types of weather. Severe weather and poor road conditions do not exempt anyone from this responsibility. 

Simply put, no matter the weather conditions, you must drive responsibly. For example, driving slower than the posted speed limit in a major downpour, taking turns with caution when the road is icy, and even pulling over to stop driving if the conditions are so severe that you cannot see due to poor visibility. 

So if you want to make sure you avoid an accident in bad weather, drive safely – and try to avoid driving in weather that would be extremely dangerous due to low visibility or severe road conditions. 

You also must keep your car in good shape. Make sure your tires are adequate for rain or snow, fill up with windshield wiper fluid, and always keep your mirrors and windshield clean to enhance visibility and prevent fog buildup.

Responsibility in a Bad Weather Car Accident

If you take a turn too fast when it’s icy, spin out, and strike another vehicle, you will usually be found to be responsible for the accident. The police and authorities may note the weather as a contributing factor, but it generally will not change who is at fault.

On the other hand, if you take a turn and someone rear-ends you because it’s foggy and they were speeding, they will likely be found to be at fault, even if the visibility was bad. The person responsible for causing the crash will usually be found responsible – even if the weather is bad.

However, Missouri does have a “shared fault” law. If both drivers lose control of their cars and hit each other, the police and insurance companies may allocate “50%-50% fault.” This means that you may still file a claim against the responsible party, but your damages may be limited by 50% due to your involvement in the accident. 

Injured in a St. Louis Car Accident Involving Bad Weather?

If you have been hit because another driver lost control of their vehicle during bad weather, you will benefit from discussing your accident with a car accident lawyer in St. Louis. Contact an attorney in Missouri right away for a free case review, and get the assistance you need. 

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

“Should I Give a Recorded Statement to the Insurance Company After a Car Accident?”

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It’s not uncommon for insurance companies to ask car accident victims to provide a recorded statement.

They would often argue that the statement can speed up the claim process and help the victims get their compensation faster. The insurance adjuster may even sound friendly, helpful, and reasonable, so you may be tempted to give the statement. 

However, always keep in mind that insurance companies are for-profit businesses, meaning that their primary goal is to minimize their losses. What you say in your statement can and will be used against you to lower your compensation or deny your claim altogether. Before agreeing to anything, it’s wise to consult with an experienced St. Louis car accident lawyer.

Am I Legally Required to Give a Recorded Statement?

The short answer is no, you don’t have to offer a recorded statement if you don’t want to, regardless of whether the request came from your insurance company or the insurance company of the at-fault driver.

During the initial call with the insurance adjuster, they may ask for a recorded statement of your account of what happened during the accident. The adjuster may argue that they will use this information to analyze your claim and speed up the process. They will make a compelling case. They could even tell you that you may face legal repercussions if you don’t give them the statement. Don’t let yourself be fooled or scared by these tactics. Speak with an experienced attorney.

Insurance companies use recorded statements to try to catch claimants off on the wrong foot. For instance, they ask for the statement as quickly after the accident as possible, before you have time to speak with your lawyer and the investigators, or before all the injury symptoms start appearing. If you’ve suffered a soft tissue injury, such as whiplash, for example, it may take a few days for the symptoms to show up. You might not have noticed the neck pain yet, and thus tell the adjuster that you are feeling fine. If you start feeling pain in the next days, go to the doctor and find out that you have whiplash, it may be difficult to make a claim as your recorded statement says that you are fine. 

What Should You Do?

The best thing you can do is to politely decline the request and inform the insurance adjuster that all communication should go through your lawyer. 

If, after discussing this with your lawyer, you do decide to give a recorded statement, you should be very careful about what you say. If you don’t know the answer to a question, you can refuse to answer or consult with your lawyer first. If the insurance adjuster asks you to confirm information, don’t do it unless you are certain. Even something as innocent as “I guess so” can jeopardize your claim. 

Speak With a St. Louis Car Accident Lawyer

There’s rarely an instance when giving a recorded statement can benefit your claim. An experienced St. Louis car accident attorney can explain to you when and how you should give one. 

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

“What if the Value of My Car Accident Claim Exceeds My Uninsured Motorist Policy?”

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What happens if the driver that caused the accident is uninsured and the resulting damage exceeds the limit of your uninsured motorist policy?

The harsh reality of life is that sometimes regardless of how much you plan and prepare, there are just some things that are out of our control. Such is the case with car accidents. You may take all the right precautions to stay safe: drive under the speed limit, drive carefully and defensively, and keep up with your vehicle maintenance. Even so, you can still get hit by a distracted or reckless driver. 

unisured motorist coverage

However, you’ve prepared for this situation too, and purchased more than the minimum car insurance required in Missouri.  What happens if the driver that caused the accident is uninsured and the resulting damage exceeds the limit of your uninsured motorist policy?

Let’s explore your options. 

Car Insurance Requirements in Missouri

Drivers in Missouri are required by law to carry some form of auto insurance. The minimum level of coverage required is: 

  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury
  • $10,000 per accident for property

Drivers in Missouri are also required to carry uninsured motorist coverage of $25,000 for bodily injury per person and $50,000 for bodily injury per accident.

What If My Claim Exceeds the Limit of My Uninsured Policy?

Some drivers purchase more than the minimum required. But, even when they do, the value of their car accident claim can exceed the limit of their policy. If the at-fault driver was also uninsured, then you can’t file a claim against their insurance company.

Although this may seem like an impossible situation, there still are a few options that you can explore to get compensation for your damages and injuries. 

For example, you can use your medical insurance to pay for some of your bills. Collision coverage can also come in handy and can help you cover some of the repairs needed for the car. 

There’s also the option of suing the at-fault party, although this one can be a bit tricky. Most people that don’t purchase auto insurance do so because they cannot afford it. So, if they cannot afford to pay a few hundred dollars for insurance, they probably don’t have the funds to cover your medical bills either. However, if they failed to purchase auto insurance out of negligence, then you might have a case on your hand. Discuss this with your St. Louis car accident lawyer and decide the best course of action under these circumstances. 

Speak With an Experienced Car Accident Lawyer About Your Claim

It can be incredibly frustrating to have to deal with this situation when you’ve been a responsible driver. If you have been involved in a St. Louis car accident, it’s important to look for a lawyer who has experience with similar cases and can help you file a successful claim. 

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242