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Steps in a Car Accident Settlement

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If you have been hurt in a car accident, and it wasn’t your fault, it might be harder than you think to receive the compensation you deserve.

St. Louis man after car wreck

When someone else caused your injuries, it is their insurance carrier who is generally responsible for paying, but they usually don’t have your best interest at heart.

That is why, if an insurance company offers you a settlement, it is in your best interests to have a St. Louis car accident lawyer in your corner to ensure that you are getting all the money you deserve. It will be additional security not just for your immediate situation, but for any later bills or injuries that can prop up.

A settlement means that you agree to resolve your case, and the logistics of what you are entitled to, outside of a courtroom. Although there is a misconception about personal injury and car accidents, many of these cases are settled far before they advance to being heard by a trial or judge.

Often, the two parties can reach an agreement about what is fair compensation and avoid a timely or expensive lawsuit. Even if you do take your case to trial, there is no guarantee that you will either get more or even win.

Step one: the demand letter

If you are injured, and you feel as if your car accident injuries are not being fairly addressed or paid for by the other person’s insurance company, then the first step to take is to write a formal demand letter. A demand letter is a letter written to the insurer that gives you an opportunity to state your grievances, explain the specifics of the incident, and to describe all the damages and injuries that you have endured. It is also a time where you request a payment amount that would be suitable to settle your case without escalating the incident to a lawsuit.

It is best that you have a St. Louis car accident lawyer draft the letter so that it is clear, concise, and so that you aren’t underestimating the settlement amount. The other insurance company will likely want to get an independent medical evaluation to determine the honesty of your claim and to make sure that your injuries are as stated.

Negotiating the settlement

Once the demand letter is received, and both sides have had the opportunity to read it and respond, then the case might move into the settlement phase. There will likely be a lot of back and forth to the negotiations before an agreement is reached. If no agreement can be found, then the case might be moved to something called an alternative dispute resolution party or a mediator. They might help to find an agreement somewhere in the middle. If not, the case will have to be escalated.

Speak with a car accident attorney

If you are injured in a car accident, it is important not to try to agree to a settlement on your own. A risky proposition, you might be left unfairly compensated or not anticipating future expenses that will then be on you to pay for. Having an experienced attorney on your side is the best way to protect yourself and receive fair compensation for your damages and injuries. Call (314) 361-4242 for a free case evaluation.

Teens Prone to Dangerous Driving Habits

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Inexperience and a desire to seek excitement are two contributing factors that often lead to an auto accident involving a teenage driver.

There is much excitement driving your first car, owning your first car, going on road trips with friends, and going on romantic drives. These are just some of the things teenagers look forward to in their cars. While this excitement feels great, it can also be a cause of on-road accidents among teenagers. According to a research conducted by the Center for Disease Control and Prevention (CDC) drivers aged 16 to 20 are at elevated risk of being in car accidents.

Inexperience is not the only factor contributing to the increasing number of car accidents involving teenage and young adults. A major contributing factor is the fact that teenagers seek out excitement. This is a fact with a scientific explanation.

A study conducted by Temple University involving more than 5,000 individuals across 11 countries has shown that drivers ages 16 to 20 are wired to seek out excitement and engage in risky behavior. The study points out that the brain’s self-regulation does not reach maturity until the mid-twenties, whereas the peak age of desiring risk and excitement is 19 years. While the self-regulatory ability of the brain is still developing, a teenager’s ability to regulate and mitigate risky behavior is still nascent, often leading to behaviors that can be detrimental and devastating.

Liability in car accidents involving teen drivers

First, one should understand that it is essential for everyone, including teens to have minimum insurance coverage for car accidents. The minimum figures according to Missouri law are –

  • $25,000 per person coverage
  • $50,000 per collision for bodily injury
  • $10,000 for property damage

When a teenager is at fault in a car accident, determining liability is a little different from normal cases. If the vehicle is owned by a parent or a guardian, the parent or guardian can face liability under negligent entrustment called the “family car doctrine”.

If the teenager was driving a friend’s car the owner of the vehicle becomes liable under ‘owners liability’ or ‘vicarious liability’. In this case the accident victim can place liability charges on both the owner of the vehicle as well as the teenage driver.

If the teen is uninsured, the accident victim has the same trouble as they would have if the at-fault driver was an adult driver without insurance coverage. In such a situation uninsured and underinsured coverage may come to the rescue. In cases where the coverage amount is insufficient and the victim cannot sustain the high costs of medical bills, loss of wages, and the costs of damages caused, the accident victim may be able to hold the parents, guardian, the vehicle owner, and even the at-fault teenager liable.

In accident cases involving teen drivers, it is important that legal help is sought from a trained, qualified and experienced attorney. Give us a call 24/7 at (314) 361-4242 for a free case evaluation.

Injured in a Car Accident While Pregnant

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Auto accidents are a leading cause of fetal deaths and serious maternal injuries, affecting nearly 93,000 women annually.

For pregnant women, being in a car accident is a scary thing to even think of. In addition to the injuries that they can sustain, their unborn child can also suffer a variety of injuries. Auto accidents are a leading cause of fetal deaths and serious maternal injuries, affecting nearly 93,000 women annually.

Expectant mothers who are involved in car accidents can face more serious damages and expenses compared to other injured people due to the increased cost of monitoring, and the need to treat the baby for any potential injuries. In this post, we will discuss some of the most common types of pregnancy injuries that can result from car accidents.

Miscarriage: This is probably the most tragic outcome of a car accident. The baby is well protected in its amniotic fluid, but when the stomach or uterus is punctured or the mother suffers a cardiac arrest, without breathing, a miscarriage can occur. Although miscarriages are rare in car accidents, it is still a possibility, so medical attention should be sought.

Birth defects: Premature birth or direct injuries to the fetus as a result of the car accident can cause birth defects. Premature or injured babies do not always develop serious disabilities, but the more serious the injuries or the earlier the baby is born, the higher the risk of injuries is.

Premature birth: Each year, 500,000 babies are born prematurely in the U.S. Premature birth is defined as the birth of an infant prior to 37 weeks of gestation. A car accident can put excessive stress on the mother’s body and cause premature birth.

High risk pregnancy: High risk pregnancies are the ones that involve complications with either the mother or the baby. They need careful and constant monitoring and observation. Some pregnancies are considered high risk because of some pre-existing medical conditions. A high risk pregnancy can develop after the pregnant women suffers health conditions due to a car crash.

Placental abruption: This is a serious condition in which the placenta completely or partially separates from the uterus before the baby is born. Placental abruption occurs in one in 150 pregnancies. Any abdominal trauma sustained by the mother in a car accident can increase the chances of placental abruption.

Fetal trauma: Almost 82 percent of the fetal deaths are a result of car accidents. Fetal trauma from a blow to the mother’s abdomen, lack of oxygen and some other injuries and infections can have long term and even life threatening consequences.

Coup and countercoup injury: When a moving object hits the head while stationary, a coup injury may occur. On the other hand, countercoup injuries occur when the moving head hits a stationary object. These injuries are quite common in car accidents. While the mother is more likely to suffer these injuries, the baby can also get injured. In this case, the injury is known as shaken baby syndrome.

Injured in a St. Louis car accident while pregnant?

Get in touch with a competent our St. Louis car wreck lawyers to get help with your claim. Call (314) 361-4242 for a free consultation.

Prescription Drugs Use a Leading Cause of St. Louis Car Accidents

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It is very important for both adults and teenagers to understand the risks associated with drugged driving.

drugged driving in ST. Louis

Preventing car accidents is the responsibility of everyone on the road. Each driver should be attentive and alert to what is happening on the road. Anything that causes driver distraction or affects the way the driver pays attention to the road can prove dangerous. The use of alcohol or drugs is notorious for causing fatal car accidents, however, prescription drugs also have the potential to impair drivers and cause fatal crashes. According to the Centers for Disease Control and Prevention (CDC), drugs other than alcohol are responsible for causing 16 percent of motor vehicle accidents.

A study conducted by the National Institute on Drug Abuse (NIDA), revealed that 47 percent of drivers who tested positive for drugs had prescription drugs in their blood. Around 37 percent of these drivers had used marijuana and another 10 percent has used cocaine. Surprisingly, the study made no distinction between the effects of prescription drug abuse and the effects of illicit drugs, because drivers react similarly to both. Our St. Louis car accident lawyer explains that painkillers were the most common drug responsible for crashes.

How prescription drugs affect driving performance

Those who take prescription drugs usually do not realize that their medications have adverse effects on their driving. Some common symptoms that these legally prescribed drugs can cause include drowsiness and altered perceptions. These drugs also affect the driver’s ability to focus on the task at hand, and they alter the driver’s perception of distance and speed. It can also impact judgment, memory, and balance. All these symptoms can increase car accident risk.

Who is more likely to cause a drugged driving crash?

The National Institute on Drug Abuse (NIDA) reports a high incidence of prescription drug use in younger and older adults. A recent study has indicated a 45 percent increase in the number of injury-causing accident in people who take benzodiazepines that remain in the bloodstream for more than 24 hours. Common drugs associated with a higher incidence of motor vehicle accidents include:

  • Diazepam (Valium)
  • Clonazepam (Klonopin)
  • Chlordiazepoxide (Libratabs)
  • Clorazepate (Tranxene)
  • Flurazepam (Dalmane)

Another research study conducted by NHTSA has shown that more than a quarter of drugged drivers that caused a fatal crash were aged 50 or more. NIDA also reports that the mental decline in older adults can cause them to take prescription drugs more often than they should. They may also take an incorrect dose, and the drug may not metabolize as quickly as it does in adults, leading to unintended intoxication.

Preventing car accidents caused by prescription drug use

If you are the parent of a teenager learning to drive, you should ensure that they understand that they understand the risks associated with drugged driving. Older adults should discuss whether or not they can drive safely after using a prescription drug.

If you have been injured by a drugged driver, you should discuss your rights with an experienced St. Louis car accident lawyer.

Treating Neck Injuries After an Auto Accident

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Neck injuries, including whiplash, are among the most frequently reported car accident injuries.

neck injury st. louis

We have talked about neck injuries in our previous posts, so in this post, we will have a look at how to treat them. Our St. Louis whiplash attorneys will discuss the various treatment options available for common neck injuries resulting from car accidents.

Whiplash

Whiplash is probably the most common neck injury resulting from car accidents. Whiplash occurs when muscles and ligaments in the neck are stretched beyond their normal range of motion due to the force from the impact. In order to diagnose whiplash, doctors will generally perform tests such as X-rays, MRIs, and CT scans.

Once a doctor confirms the diagnosis, they will likely recommend painkillers and muscle relaxers to relieve pain and muscle spasms. Applying ice packs may also be recommended.

Your doctor may also recommend strengthening and stretching exercises to relieve symptoms. In some cases, the cervical collar is also prescribed to immobilize the neck and help patients sleep better. However, prolonged use is not recommended.

Herniated disc

Although a trauma-related herniated disc is not common, it is possible for a disc to herniate during a car crash. If you have suffered a herniated disc in the neck, you will likely experience pain in arm and shoulder. You may also experience a shooting pain with certain movements, or when you sneeze or cough. Other symptoms include weakness, numbness, and tingling in the affected area.

Unless the symptoms are not severe, the doctors will typically use conservative treatment methods first, which may include over the counter pain medications and muscle relaxers. If this does not work, cortisone injections may be administered to reduce inflammation. Hot and cold therapy and physical therapy may also help.

If the herniated disc causes severe dysfunction, and the conservative treatment methods do not work, surgery may be required. The surgery often involves removal of all or part of the herniated disc, and then fusing together the adjoining vertebrae.

Concussions

If the car accident causes a hard blow to the head or body, you may have suffered a concussion. Common symptoms include headache, dizziness, loss of memory and concentration, changes in mood, blurry vision, difficulty sleeping, and others. Concussions can be serious and should be diagnosed and treated as soon as possible. Matt Willens, a Chicago injury attorney, discusses how to identify signs and symptoms of a concussion.

One of the most important steps to recovery is rest and limiting the activities that require mental strain and concentration. The patient should let their brain rest and recover from the injury. One should return to normal activities only when the doctor approves.

Are you entitled to compensation?

If you have been in a car accident, and you experience pain or abnormal symptoms, you should seek immediate medical help. It is also important to note that symptoms of a neck injury may not be immediately evident, and may appear hours or days later. Remember, early medical intervention can make recovery easier.

You should also seek legal help from a competent car accident lawyer, who can ensure that you are adequately compensated for your injuries. Give our experienced attorneys a call today at (314) 361-4242 for a free case evaluation.

Rear End Accident Injuries

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Rear end crashes can cause serious injuries, even if the vehicles involved are not severely damaged.

While many people consider rear-end crashes to be minor accidents, for the victims the consequences can be devastating. Rear end crashes can involve drivers, motorcyclists or bicyclists, and can be caused by a variety of factors. While the degree of injuries can vary, there are some common injuries that are frequently reported by rear-end accident victims.

In 2012, the more than 1.7 million rear-end accidents that occurred resulted in around 1,700 deaths and over 500,000 injuries. This makes rear-end accidents one of the most common types of traffic crashes in the country and a leading cause of injuries. In this post, we will discuss 6 of the most common rear-end car accident injuries.

Whiplash

It is one of the most commonly reported injuries arising from rear-end accidents. The sudden, violent movement of the neck and head causes soft tissue damage. However, the seriousness of these injuries varies from case to case. The most serious injuries involve spinal damage, which requires more intensive treatment compared to other less serious injuries.

Most often, the driver is caught unaware and does not get a chance to brace for impact. In this situation, muscles are in a more relaxed state, which causes the head, neck and back to move more violently leading to a more serious injury. Symptoms of whiplash are not always immediately evident, and it may take days before the injury is diagnosed.

Broken Bones

Rear end collisions often cause broken bones. The most susceptible bones are the ones in hands, ribcage, spine, skull, and feet. While most new vehicles come with modern crash safety equipment, broken bones can still occur when the crash is violent enough. Broken bones are easy to diagnose, treat and document compared to soft tissue injuries.

Traumatic Brain Injury

According to the National Highway Traffic Safety Administration (NHTSA), nearly 1.7 million people suffer a TBI annually, and of the 52,000 die. Motor vehicle accidents are the second leading cause of TBI and are responsible for the largest percentage of TBI deaths. If a person suffers a TBI in a rear-end collision, the warning signs may not be immediately apparent, and it may take days or even weeks for the injury to show up.

Common symptoms of TBI include:

  • Loss of consciousness
  • Chronic fatigue
  • Dizziness
  • Impaired speech
  • Abnormal changes in behavior
  • Reduced cognitive performance

Unfortunately, TBIs often require extensive treatment and may leave the patient permanently disabled.

Scarring/disfigurement

Rear end crashes can throw the occupants violently against their restraints. An occupant could hit the steering wheel, dashboard or headrest in a way that causes permanent scarring or disfigurement.

Paralysis

A severe spine or brain injury can leave the victim partially or completely paralyzed. There are various factors that can affect the degree of paralysis, including which portions of the brain or which spinal discs are injured and what the severity of the injury is.

Hand, wrist and arm injuries

At the time of the impact, the driver was likely holding on to the steering wheel, and if he/she decides to stiffen up just before the impact, it can result in a broken arm, wrist, or fingers.

Seatbelt injuries

In event of a collision, the seatbelt tightens to hold the body in place upon impact, however, the seatbelt can tear into your skin and bruise the body when you are thrown forward by the force of the impact.

If you are injured in a rear-end collision and suffered serious injuries, you should discuss your case with a competent St. Louis accident lawyer. Give us a call today at (314) 361-4242 to learn more about your legal rights following an auto accident.