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Car Accident Lawyer Accident Damages

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When you are hurt in an automobile accident, you are generally entitled to two different types of compensation for your damages: non-economic damages and economic damages.

economic damages being calculated

“Negligence” is a legal theory that means that you either did something as a driver that caused an accident to happen, or that you didn’t do something you should have and that failure to act led directly to the accident happening. If you have been in an accident, it is the responsibility of those at-fault driver to pay for both injuries and damages to those involved.

When you are hurt in an automobile accident, you are generally entitled to two different types of compensation for your damages: non-economic damages and economic damages. These differ in the respect that one is very concrete and the other is highly subjective – which means it’s more difficult to determine an exact price. Economic damages differ from non-economic damages because they are much easier to calculate.

Non-Economic Damages

Non-economic damages include things like pain and suffering, loss of consortium, and emotional distress; these can be very hard to calculate because there is no way to quantify what someone’s suffering is worth since everyone experiences it differently. Economic damages are those that are quantifiable and rigid. They are based on what someone has lost economically due to their injuries and damages.

Economic Damages

An example of economic damages would be things like doctor’s bills, therapy bills, or lost wages. Since they can be documented, they are calculated when the injured person submits proof of their treatment, pay stubs, transportation costs, or any other financial documentation of what they suffered due to the accident.

That’s only half of the equation, though. An insurance company will ask for documentation for the treatment that you have received in the form of medical bills and any other concrete losses and will total them. They will then calculate the amount of your non-economic losses and add the two together to come up with a total. Once that is done, they will offer the injured person a settlement. Once the plaintiff accepts a settlement offer and they sign it, they absolve the insurance company from any further obligation going forward. This is why it is important to know what you are signing and to ensure that you are getting all that you deserve before you sign on the dotted line.

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If you are injured in a car accident in Missouri, it is imperative that you speak with a St Louis car accident attorney to help you to calculate what your injuries and damages are worth. Although economic damages are straightforward and easy to prove, non-economic damages are much more subjective, which is why it is a good idea to speak with an experienced attorney before accepting a settlement offer. Call The Hoffmann Law Firm, L.L.C. 24/7 at (314) 361-4242 or fill out the contact form below for FREE legal advice.

How Much Is Your Pain and Suffering Worth?

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Unlike economic damages, things like pain and suffering are highly subjective and can be very different when calculated by an insurance company vs when they are calculated by your attorney.

neck injury st. louis

When you are in a car accident in Missouri, you are generally entitled to both economic and non-economic damages. If you are wondering how much your pain and suffering is worth, there are specific ways that both the insurance company and your lawyer will put a price on what you have been through. Since the insurance company’s main objective is to limit their liability and what they have to pay out, their calculation will likely be much less than one from an experienced attorney who has your best interests in mind.

Economic and Non-economic Damages: How Are They Calculated?

Economic damages are concrete damages that you incur when you are in an accident. They are things like medical bills and lost wages from time off from work. Non-economic damages, however, are much more subjective and are harder to calculate. After all, how can you put a price on how much someone has suffered? Since each person experiences pain differently, knowing how much it is worth is not an exact science; it’s instead calculated by using various factors.

The Multiplier Method

If you are in an accident, your St. Louis car accident lawyer will add up all the economic damages, like your medical bills and your lost wages, and come up with a sum. From there, they may assign a number relating to the severity of your injuries. Once they have decided on the severity by quantifying it, they use that as a factor to multiply your economic losses, add it to your non-economic losses, and that will be the total amount they believe you are entitled to.

The severity of your accident is usually determined by the extent of your medical bills and procedures. Usually, the more treatment you require, the higher the multiplier number will be. Again, since there is no exact, objective way to ascribe a multiplier, it is up to your insurance company and lawyer to negotiate.

The per Diem Method

The per diem method of calculating pain and suffering and non-economic damages is different. Your lawyer can calculate the amount of suffering you have incurred by taking the severity of your injuries and ascribing an amount that you are entitled to daily for your suffering. For instance, they could calculate that your suffering is worth $100 a day; if your symptoms last for 60 days, then your non-economic damages would be $60,000. It’s also a subjective number, so there might be a discrepancy between what your insurance company calculates and what your car accident lawyer determines.

Unlike economic damages, which are in writing and are indisputable, things like pain and suffering are highly subjective and can be very different when calculated by an insurance company versus when they are calculated by your attorney. In order to receive a fair settlement for your Missouri car accident, it is important that you consult with an experienced car accident attorney to make sure that you know what you deserve for all the pain you have been through.

The Hoffmann Law Firm, L.L.C.
7751 Carondelet Ave #601
St. Louis, MO 63105

Call 24/7 for a FREE Case Evaluation :: (314) 361-4242

St. Louis Among Most Dangerous Cities for Drivers

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Insurance companies often rank these cities as “high risk” areas, meaning you’re statistically more likely to be involved in a traffic accident or auto theft if you live there.

St. Louis skyline

If you live in one of these four cities, you could actually be paying more for auto insurance. Why? Insurance companies often rank these cities as “high risk” areas, meaning you’re statistically more likely to be involved in a traffic accident or auto theft if you live there. Living in one of these cities could also mean stricter legal penalties for accidents.

The following cities are considered to be among the most dangerous for drivers in the US. If you live in one of these metropolitan areas, you’re going to want to take some extra precautionary measures to protect yourself.

Detroit

In general, big cities are more dangerous for drivers. With 16.2 fatal accidents per 100,000 people, Detroit, Michigan is no exception. Residents of Detroit also pay thousands more a year in car insurance than those who live in “safer” cities.

Baton Rouge

In 2016, there were almost 200,000 car accidents in Louisiana. Considering Baton Rouge ranks as the second most dangerous city for drivers, you can bet that a large portion of these accidents happened in this major college town. With the traffic of any capital city and over 45,000 college students at LSU alone, it’s unsurprising Baton Rouge is such a dangerous place to drive.

Baltimore

With heavy traffic from D.C. commuters and an auto-related death rate higher than the homicide rate, it’s no wonder Baltimore is considered such a dangerous city for drivers. The state of Maryland has pinpointed a phenomenon of what they call “aggressive drivers” as one of the causes. Now, in Maryland, you can call a hotline to report any aggressive drivers you may witness. Aggressive behavior may include reckless driving or tailgating. Be sure to do your part to keep your city safe.

St. Louis

Traffic-related deaths have been steadily increasing in St. Louis, MO. In order to combat these numbers, police are targeting at-fault drivers with harsher consequences.

In St. Louis, car theft is also a huge problem. St. Louis actually has the most motor vehicle theft of any city in Missouri. If you don’t have advanced safety measures in your vehicle, you should consider having an alarm installed, which could possibly even bring down your insurance rates.

Buckle Up

If you live in one of these cities, there are a few things you can do to stay safe. Avoid driving late on weekends when drunk drivers may be coming home from bars. In your household, you should practice a zero tolerance policy for driving while intoxicated and using the phone while in the driver’s seat. If you drive to work in the morning, always stay focused and don’t do your make up or take work calls while you’re behind the steering wheel. Should an accident occur despite your best efforts, don’t hesitate to contact a trusted St. Louis auto accident attorney. And of course, buckle up.

The Hoffmann Law Firm, L.L.C.

Phone: (314) 361-4242

Are Small Cars More Dangerous?

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When making the decision about which is more important – gas efficiency or safety – it is best to consider all factors.

If you are considering purchasing a new car for either yourself or your teenager in Missouri, you might be looking into smaller, more gas-efficient models. One thing that you have to take into consideration is that if you are in an accident and you are in a small car, and the other driver is in a big SUV, there is a greater chance that you will be injured than there would be if you were driving in a comparably-sized car. When making the decision about which is more important – gas efficiency or safety – it is best to consider all factors, especially when you are making the purchase for an inexperienced teen driver.

Are All Smaller Cars More Dangerous?

The truth is that not all small cars are more dangerous than their bigger counterparts. Thanks to new technology and safety standard improvements, newer small cars are safer than they were in the past. Things like air bags, strengthened roofs, and side impact technology are improving the way that small cars perform in an accident. Not all small cars will put you at a disadvantage in a car accident.

According to the 2015 Insurance Institute for Highway Safety, the number of deaths resulting from mini-cars decreased by more than 56% from the 2005 to 2015. This means that in just a decade, mini-cars have come a long way in improving the safety that they afford drivers.

Even with the improved safety features, however, it is still a fact that larger cars and SUVs are generally safer than mini-cars or smaller sedans. If you are going to consider buying a small car, then it is best to check out their crash-test scores to see how they fare, along with the consideration of how much they can save you in gas costs per year. Crash-test scores are calculated by determining the likelihood that someone will survive a car crash – but they can only be compared against similar cars in the same class. For instance, you can’t compare an SUV’s safety to that of a smaller car; you can only compare one mini-car against another.

Not everyone wants to drive an SUV, but the good news is that there are several different options to choose for improved gas mileage that can keep you or your teenager safe when on the road in Missouri. Just make sure that for any car you purchase that you know its vulnerabilities for safety and that you make your decision based on the safety of everyone who will be driving it. Since teens are more likely to be in an accident, you might want to forego the mini-car until they are an established driver and are less likely to be involved in an accident.

If you are in an accident in Missouri and are injured, regardless of whether you are driving in a mini-car or an SUV, it is imperative that you discuss your case with a St. Louis car accident attorney to ensure that you receive fair compensation for your injuries and damages.

Call us 24/7 for a FREE case evaluation

(314) 361-4242

What Damages Can I Recover in a Car Wreck?

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Even a “minor” fender bender can result in expensive car repairs.

St. Louis fender bender

When you are in a car accident, there are times when you are injured and you have property damage; in other cases your car may be “injured,” but you are not. Something as minor as a fender bender can cost a whole lot of money in repairs. Since Missouri is an at-fault state, to determine who is responsible for paying for your property damage, you must first determine who is “at fault.” Once a motorist is found liable, you might have the following questions.

What damages can I recover?

For property damage, you can generally recover the difference between what your car was worth before the accident versus what it is worth afterward. This means you are often entitled either to have your repair costs covered or in cases where your car is considered a “total loss,” you may be able to recover the market value of your car. The fair market value is generally determined using the Kelley Blue Book.

Who gets to choose whether a car is a total loss or if it can be repaired?

The insurance carrier who is responsible for the cost of repairing the car will generally determine whether they want to pay for the cost of repairs or if they want to total the car. The determination is typically that if the repairs cost more than 75% of the value of the car according to its Blue Book value, the insurance company will consider it a total loss and pay that market value.

Should I get an estimate?

Although it is common for the insurance carriers dealing with the claim to get estimates for the car, you are entitled to get your own estimates if you disagree with their figures. If the adjuster who is handling your car underestimates how much the repairs cost, then the mechanic doing the work will have to contact the insurance carrier to work out the additional cost or determine what repairs might have been overlooked.

Can the repairs be made with aftermarket parts?

The insurance company is usually allowed to use aftermarket parts as long as they are of the same quality as the original manufacturer parts.

Can I get a rental car if my car is inoperable?

If your vehicle is either a total loss or will be in the repair shop a while, you might be wondering if you can get a rental car and have the insurance company pay for it. Either the insurance company can make rental car arrangements for you, or you can rent a car of your own accord. Either way, the insurance company is usually responsible for providing you with transportation.

When dealing with an auto accident in Missouri, property damage can add up and cost you a whole lot. Even if you weren’t injured in an accident, you are still entitled to recover for the cost of repairs on your car. To ensure that you get all that you are entitled to, it is best to have an experienced car accident attorney review your case. You can be sure, the insurance company with have attorneys working in their behalf. It is therefore always best to have someone in your corner to help protect your right to compensation.

FREE Case Evaluation

Call The Hoffmann Law Firm, L.L.C.

(314) 361-4242

Filing a Police Report After an Accident

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Filing a police report ensures that the accident is documented and all facts are preserved.

St. Louis police lights at car accident

Filing a police report after a car crash is one of the most important things you can do. If your car accident was serious enough to require an ambulance or block traffic, police will generally arrive as well and a report will be filed without you having to do anything. However, it is a good idea to report even fender benders, because some seemingly minor crashes can result in serious injuries, which may not appear immediately. These injuries may show up days after the accident, and having a police report means you have a record of everything that happened, and you can file a claim for your injuries.

Filing a Police Report

You should call the police immediately after your car accident and wait for them to arrive at a safe location. When the police reach the accident location, you should state all facts, but avoid taking responsibility or placing blame for the accident. The police will also question the eyewitnesses in order to determine who is at fault. The police may ask you the following questions:

  • What happened?
  • Who was in the car with you when the accident happened?
  • Did you or any of the passengers suffer any injuries?
  • Are there any eyewitnesses?
  • Is your car damaged?

Filing a Report at the Police Station

If your car accident was minor, the police report may not be made on the scene. You may have to go to the local police station to file a report. When you visit the police station, carry all the relevant information about the accident with you. This can include contact information of the other driver, license plate number, photographs of the accident scene and contact information of any eyewitnesses.

Why Is It Important to File a Police Report?

In the aftermath of the car accident, you may not notice any injuries or even car damage. However, once you get home, you may start experiencing pain and you may notice some car damage as well. Filing a police report ensures that the accident is documented and all facts are preserved. It also saves you in case the other party makes any false claims or says that they are not at fault.

A police report is useful when you make an insurance claim, or you file a claim against the other driver’s insurance. It also helps settle the claims faster, because all relevant facts about the accident are well documented, and there is little room left for any contention.

Seeking Legal Help in a Car Accident Case

If you have been in a car accident, it is important that you seek legal assistance from a competent St. Louis car accident attorney. An experienced attorney will help you with the claim process and will protect your rights. Call (314) 361-4242 or fill in the contact form below for a FREE case evaluation.