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You are here: Home / 2020 / Archives for December 2020

Archives for December 2020

“What if I Didn’t Exchange Insurance Information With the Other Driver?”

December 16, 2020 by Christopher

Can you still get compensated if you didn’t exchange insurance information at the scene of the crash? 

Imagine you were on your way to work when another driver failed to give you the right of way and crashed into you. The damage was minor (just a small dent), and you were feeling fine, so you decided to go about your day without exchanging insurance information. You did, however, exchange contact details just in case something might change. 

two st. louis men exchanging insurance information after car accident

A few days later, you start noticing some neck pain and stiffness. Your head hurts, and you’re also getting these weird muscle spasms in your shoulders and arms. You go to a doctor and are diagnosed with whiplash. 

You call the at-fault driver and tell him about the diagnosis, but he now claims that your condition has nothing to do with the accident.

What can you do? Can you still get compensated if you didn’t exchange insurance information at the scene of the crash? 

Speak With a Car Accident Attorney

If the other driver refuses to pay for your injuries or damages, the next thing you should do is get in contact with an experienced St. Louis auto accident attorney. 

Usually, when it comes to car accidents with minor damages or injuries, you can file a lawsuit in a small claims court by yourself. But, since the at-fault driver’s insurance company may use many tricks to stall your claim and bother you with a lot of unnecessary paperwork, it’s better to have a lawyer on your side. 

More than this, in Missouri, the burden of proof falls on the victim of the accident. If you didn’t exchange insurance information or call the police at the accident scene, collecting hard evidence may be quite a challenging task. An experienced lawyer, however, will know how to build a strong case and make compelling arguments. They might, for example, use expert witnesses to support your claim. 

File a Claim with Your Insurance Company 

Another option would be to file a claim with your insurance company and pay for the damages or the cost of medical bills. Keep in mind that your insurance provider might also try to minimize your claim or even deny it. A lawyer can negotiate with the insurance company on your behalf and ensure that you will get a fair settlement.

The Lesson: Always Exchange Insurance Information

Fender benders are often more of a nuisance than anything else. However, even if the apparent damage is insignificant and you feel fine, it’s still wise to exchange insurance information, schedule an appointment with your doctor, and speak with a St. Louis car accident lawyer to discuss your case and ensure your rights are protected.

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Filed Under: Blog Tagged With: Car Accident Claims

“Can I File for Compensation if I Was Hit by a Police Car?”

December 15, 2020 by Christopher

If you find yourself in this situation, the best thing you can do is speak with an experienced St. Louis car accident attorney as soon as possible.

st. louis car accident with police

Being in a car accident that involves a police car can be intimidating for a victim. Pursuing a claim against a government entity may seem like an impossible goal to reach, as you may find yourself fighting against a powerful institution with special laws and regulations.

Who Is Liable When You Are Hit By a Police Car?

There is a fundamental question to be answered before determining who is liable: was the police officer behind the wheel performing his work duties, or did the accident happen during his personal time?

If the officer was driving the police car while on duty, the municipality is generally responsible for whatever damages they inflicted. But if they were using the car for personal use or demonstrated gross negligent driving, the municipality is no longer liable, and you would have to pursue a personal injury claim against the driver.

What To Do If You Were Hit By a Police Car?

If you find yourself in this situation, the best thing you can do is speak with an experienced St. Louis car accident attorney as soon as possible.

One of the first things to consider is to promptly file a claim – some government entities give you as little as 30 days to file a claim – and gather sufficient evidence to ask for a reasonable quote. The quote should not be too high, but not too low either, to maximize your chances to cover all your damages and expenses.

Evidence that can be used in your case includes:

  • Photos that you take at the scene of the accident.
  • Eye-witness accounts from your passengers, other drivers, or whoever happened to be close-by when it happened.
  • Dashcam recordings from the police car.
  • Medical records that show the extent of your personal damage.
  • Documents from your employer that show your lost wages.

Another important aspect of your claim is determining if the police car had its emergency signals on – sirens and lights. If they were on at the time of the accident, you might be found liable for not letting the police car through and obstructing its way.

In some cases, even when having their lights and sirens on, the police car driver might still drive negligently, relative to the operation they were carrying. Such things are generally hard to prove, though, and you will benefit greatly from having an experienced attorney representing you throughout the case development.

Speak With an Experienced St. Louis Car Accident Attorney

If you have to file a claim against a governmental entity, you will certainly benefit from the help of a reputable St. Louis car accident attorney. These cases tend to get complex, and a lawyer can help you fight to get fair compensation.

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Filed Under: Blog Tagged With: Car Accident Claims

“Can I Change Lawyers in the Middle of My Auto Accident Claim?”

December 14, 2020 by Christopher

As with any profession, some lawyers are good at what they do, and others lack the experience or dedication.

Car accident claims can be stressful, especially for victims under prolonged treatment or suffer from permanent disabilities. The longer the claim goes on, the more bills pile up, and the more time an insurance company has to apply all its strategies for minimizing your claim.

Being represented by a lawyer can make a recovery more efficient for a car accident victim by alleviating the burden represented by a tiring, complicated legal claim. But simply hiring a lawyer who claims they can win you the settlement will not guarantee that. As with any profession, some lawyers are good at what they do, and others lack the experience or dedication. Or it could be that you don’t have compatibility with your lawyer.

st louis car accident lawyer

Can you change your car accident lawyer in the middle of the process? The answer is yes. However, it’s important to consider several important factors before making this decision.

When Should You Consider Finding a New Lawyer?

There are several possible reasons why you would want to change your lawyer. Fortunately, nothing can stop you from choosing another professional to represent you if the first one doesn’t work out.

Here are some examples of that:

  • Your lawyer doesn’t return your calls and is hard to contact, leaving you in the dark about your own case.
  • You are not convinced by their strategy or approach.
  • They don’t take the time to explain the process in detail and you feel left out of it.
  • You have valid reasons for not trusting your attorney.

Will the First Lawyer Have to Be Paid?

As you may know, car accident lawyers and, in general, personal injury ones are generally paid a contingency fee. This means that you are typically not paying anything until you receive a settlement, and their fee is typically calculated as a percentage of that.

If your first lawyer has worked on your case for a while before getting fired, they might file an attorney’s lien claim for the time they spent. If this happens and your second lawyer wins you a settlement, they will typically pay the first lawyer’s lien out of their own fee.

How to Proceed When Changing Your Lawyer Mid-Case?

There are certain documents to be submitted once you find a new St. Louis car accident lawyer to represent you, and they will be able to instruct you on that. Signing an agreement with your new lawyer and prompting the first lawyer to stop working on your case is amongst the most important.

Your Lawyer Should Represent Your Best Interests

A car accident is often a stressful and traumatic experience, and you need someone you can trust. You already have a lot on your plate, and constantly checking that your attorney is doing his job should not be on the list. 

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Filed Under: Blog Tagged With: Car Accident Claims

“Can a Lawyer Get Footage of a Car Accident?”

December 13, 2020 by Christopher

Video recordings have a significant value in legal claims and are often used to decide cases. When it comes to car accidents, time is of the utmost essence.

Today, cameras are everywhere. From red lights to ATMs to privately owned businesses, these little eyes are everywhere, and anything and everything gets recorded. However, that does not mean you can get access to these recordings at your fingertips and at your convenience, especially when you’ve been involved in an automobile accident. 

camera footage of car accident in St. Louis

You will likely be refused access to such recordings by the business owner at an establishment close to the scene of an accident or even by relevant authorities. Therefore it’s important to act with a sense of urgency in such scenarios because recordings tend to be erased from memory after a certain period of time to make space for new recordings. If you are injured in a car accident it is in your best interests to speak with an experienced St. Louis car accident attorney who can request acccess to any accident footage that may exist.

Why Accident Footage Matters 

Video footage from the accident scene could help determine if the other driver was speeding, driving between lanes, other motorists involved, whether the driver was under the influence of alcohol or drugs, and if the driver ran a red light. If a privately-owned business refuses to provide access to the recordings of their security cameras, your St. Louis car accident lawyer may issue a subpoena for the rights to the footage to prove your innocence and get you a fair settlement. 

Nowadays, there are no streets without red-light cameras. According to the Federal Highway Administration (FHWA), more than 50 percent of fatal collisions or accidents occur at or near intersections. This means that at least half of the time, there will possibly be some form of surveillance available to help determine liability.

Accessing Footage

If you notice a red-light near your crash site, you can ask your lawyer to request footage from the state. News companies often put up cameras at red lights to get traffic information and record accidents should they arise. Sometimes, footage may get captured by a police car dash camera if one is nearby, which can be requested again. Car accidents may also get captured by witnesses at the scene, in which case the footage can either be requested or procured by issuing a subpoena. 

There will be different procedures and regulations followed by each entity to release footage, and most will require a legal subpoena. If your personal injury lawyer can obtain video footage that clearly shows the other driver responsible for the collision, this piece of evidence will play a big role in convincing the other driver’s insurance company or a judge about the veracity of your claim.

It goes without saying that video recordings have a significant value in legal claims and are often used to decide cases. When it comes to car accidents, time is of the utmost essence. Ensure you reach out to a knowledgeable St. Louis car accident lawyer to secure the required footage that will determine the outcome of your case.

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Filed Under: Blog Tagged With: evidence

Broken Neck After a St. Louis Car Accident

December 12, 2020 by whipadmin

A broken neck is one of the most severe injuries one can suffer from in a car accident.

The neck bones are part of your spine and connect your head to it. A broken neck is a fracture of one of those vertebrae in the neck. A broken neck can have huge consequences on your life and change it forever. 

st. louis woman with a broken neck

How Can You Break Your Neck in a Car Accident?

Car accidents involve tremendous forces, even if the speed of the vehicles is moderate. Unfortunately, wearing your seat belt isn’t a guarantee that you won’t get hurt. In fact, you can suffer from injuries even with all the car’s safety devices in place. 

While neck fractures are not amongst the most common injuries suffered by car accident victims, they can happen in more serious scenarios. This is the reason why bystanders should never move a car accident victim until the paramedics arrive, except when their life is in immediate danger. 

Is There Spinal Cord Damage?

One of the most important factors in determining how serious a broken neck might be is whether the spinal cord was damaged or not. The spinal cord, together with the brain, represents the central nervous system. 

If you only suffered from broken bones in your neck, but your spinal cord is intact, your recovery will generally require less intervention, and total recovery chances are higher. 

If the spinal cord was damaged when the bones of the neck broke, it may become a life-threatening injury or lead to permanent disability. If the spinal cord is affected in the neck area, the victim’s treatment may be lifelong management of their limitations.

Possible Consequences of a Broken Neck

Here are some of the possible impairments brought by a broken neck with spinal cord damage:

  • Fecal or urinary incontinence
  • Inability to move 
  • Inability to feed or breathe on their own
  • Skin lacerations and ulcers caused by immobility
  • Mental injuries like anxiety, depression, etc.

If the spinal cord is intact, recovery might mean wearing a neck brace for several weeks and even having surgery to realign the bones. Either way, you can be left with chronic pain and limited mobility for a long time. Neck fractures are often categorized as catastrophic injuries and should be treated very seriously.

Speak With an Experienced Lawyer

If you or a loved one have suffered from a broken neck injury, contact a St. Louis car accident attorney as soon as possible. You will benefit greatly from professional legal assistance to protect your rights and cover all the treatment plans, medical investigations, lost wages, and pain and suffering that come throughout the long recovery from such an injury. 

FREE Consulation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Filed Under: Blog Tagged With: neck injuries

“Does My Uninsured Motorist Policy Cover an Out-of-State Accident?”

December 11, 2020 by Christopher

The stress of dealing with a car accident could increase significantly if the crash occurred while visiting another state.

You don’t know anyone, the surroundings are unfamiliar, and it can feel like you are on your own. If the other driver is also uninsured, you may go into panic mode, thinking that you will have to pay for your costs out-of-pocket.

Whether the accident took place in your hometown or out-of-state, it’s important to follow a few steps to ensure that you and those around you are safe. These steps will also help you when you file your claim. 

  • Call the police
  • Seek medical attention as soon as possible.
  • Take photos of the car damage, injuries, road conditions, etc.
  • Get the contact details of eyewitnesses. 
  • Call a lawyer.
  • Contact the insurance company.

We know what you may be asking: if the accident happened out of state and the at-fault driver is uninsured, will my policy still cover me? 

The answer is generally yes. However, here’s what you will need to do. 

Report the Accident to Your Insurance Company

Insurance companies generally extend their coverage to all areas within the United States. So, if you’ve bought insurance in Missouri (including uninsured motorist) but a driver hit you in Texas, then you will still generally be covered as stated in your policy. 

After you’ve ensured that everyone is safe from harm and have cleared your mind, you should contact your insurance company to tell them about the accident. Depending on the company’s policy, they could refer you to an adjuster from where the accident took place. 

If you need to spend time in the hospital in the area the accident occurred, your uninsured motorist will generally cover you as described in your policy. The coverage minimums are set at $25,000 per person and $50,000 per accident.

If you want to have your car repaired at a shop near the place where the accident took place, then the insurance company should be able to provide some assistance in this regard too. They can put you in contact with different towing companies and mechanics and help you fix your car even if you are hundreds of miles away from home. 

Speak With an Experienced St. Louis Car Accident Lawyer

As long as you have sufficient coverage, and your claim falls within your policy’s guidelines, you should be able to file a claim for an out-of-state accident. 

However, because insurance companies are for-profit organizations, they will try to take advantage of any mistake to minimize your claim. 

Get in touch with an experienced St. Louis auto accident attorney as soon as possible after an auto accident. They can tell you if the company is acting in bad faith and help you protect your legal rights moving forward.

Filed Under: Blog Tagged With: uninsured driver

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    Copyright © 2021 The Hoffmann Law Firm L.L.C.
    The images included on this site are not actual attorneys, events, or clients. The choice of a lawyer is an important decision and should not be based solely on advertisements. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.Attorney Chris Hoffmann handles car and truck accident claims throughout Eastern Missouri and Western Illinois. He represents injured clients in St. Louis, St. Charles, St. Peters, Clayton, East St. Louis, Alton, Hillsboro and Belleville, and other cities in St. Louis County, St. Charles County, and Jefferson Country, MO, and St. Clair County and Madison County, IL.