Whiplash & Whiplash Injury St. Louis

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Can You Sue Someone Personally After a Car Accident?

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Depending on the specifics of your car accident case, filing a personal injury lawsuit against the at-fault driver may be your best option.

After being involved in a car accident, you may be left with injuries, including whiplash, and expensive medical bills, and damaged property. If the other driver was at fault, their insurance company should cover the cost of your damages. However, sometimes the insurance settlement may not be enough to cover the cost of your damages. In these cases, you may be able to sue the other driver personally depending on the circumstances of your case.

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car accident victim with whiplash

What Does It Mean to Sue The At-Fault Driver Personally?

When you file a lawsuit against another driver after an accident, this is called a personal injury lawsuit. If the court finds it in your favor, the other driver will be required to pay you damages. These damages can cover medical bills, lost wages, and pain and suffering. 

When Can You Sue the At-Fault Driver Personally After an Accident?

There are a few situations where suing the other driver may be your best option. 

The Insurance Settlement Is Too Low

If your insurer only offers you a fraction of what you need to treat and recover from your injuries, you may have no choice but to sue in order to get the compensation you need to cover your expenses. An experienced St. Louis car accident attorney can help you get the compensation you deserve. 

Your Medical Bills Are Too High

If you were seriously injured in the accident and have astronomical medical bills, you will need compensation to move forward. Your health insurance will most likely cover some of your medical expenses, but it generally will not cover them all. If you have health insurance with a high deductible, you’ll be responsible for paying that before your coverage kicks in. This means that even if you have insurance, you could still owe a lot of money out of pocket. In this case, it may make sense to file a personal injury lawsuit against the other driver to recover some of those expenses. 

You Are Not At Fault

If it’s obvious that the other driver was at fault for the accident and they’re refusing to accept responsibility, then a personal injury lawsuit might be your best option. For example, if they were drunk driving or speeding at the time of the accident, there’s a good chance they will deny any responsibility for what happened. If this is the case and their insurance company refuses to pay out on your claim, then taking them to court may be your only option.

No one wants to deal with the stress and hassle of going to court, but sometimes it’s necessary to get the compensation you deserve after an accident. If you’re considering filing a personal injury lawsuit, consult with an experienced St. Louis car accident attorney first so they can help you determine what your best options are to obtain compensation after a car accident. 

Speak With a St. Louis Car Accident Attorney

If you’ve been injured in an accident and need help securing the compensation that is rightfully yours, contact The Hoffman Law Firm! Our St. Louis car accident attorneys have over 20 years of experience and are here to help!

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3 Common Questions About Car Accident Witness Statements

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Witness statements can be essential to building your case, as they can provide crucial info about how the accident occurred and what factors may have played a role in causing it.

When you’re involved in a car accident, it’s important to gather as much information as possible about the incident. This includes information about the at-fault party, such as their name, contact details, and insurance info. It also includes information about your injuries and other losses sustained in the crash. Perhaps most importantly, however, it includes witness statements.

Witness statements can be essential to building your case, as they can provide crucial info about how the accident occurred and what factors may have played a role in causing it. They can also corroborate key details of your account, such as how fast each driver was going or where you were positioned on the road when the crash occurred. Overall, securing viable witness testimony is one of the most crucial steps in building a successful car accident claim. 

gavel with scales of justice in front of a accident witness

FAQs About Witness Statements

How Many Types of Witness Statements Are There?

In the context of a car injury claim, there are generally two types of witness statements: Eyewitness statements and Expert Witness Statements. 

  • An eyewitness statement comes from someone who directly observed the accident, such as another driver, a pedestrian, or a bystander. These statements typically consist of first-hand observations about what occurred during the accident, including factors like road conditions, weather conditions, and traffic patterns. These witness statements can be particularly useful if there are no other sources of information available about what happened during an incident. 
  • An expert witness statement comes from someone with expertise on the topic at hand, such as an accident reconstruction specialist or a medical professional. These statements typically provide more technical details about things like vehicle behavior in high-impact collisions or injuries sustained by crash victims based on their diagnosed medical conditions. These details can help clarify questions about how an incident occurred and who may have been responsible for any resulting damage or injuries.

Do I Have to Provide a Witness Statement? 

It’s generally not required by law to provide a witness statement, but it may help support your car injury claim. If you choose not to provide one, the insurer may investigate your claims less thoroughly, which could result in a lower settlement offer or denial of your claim altogether. 

What Should Be Included in a Witness Statement? 

Some things that you may want to include in a witness statement are: 

  • The full name, address, and contact details of the witness
  • The witness’s recollection of events leading up to the accident
  • The details of the accident itself 
  • The witness’s current physical and emotional state

These are just some examples—your attorney will generally include whatever details are important and relevant to your case. The most important thing is ensuring the testimony is honest and accurate.

St. Louis Car Accident Lawyer

If you were injured in a car accident and need help pursuing your claim, a St. Louis car accident lawyer at The Hoffman Law Firm can help. We have over 20 years of experience protecting the rights of injured car accident victims and can do the same for you. Give us a call 24/7 for a free case evaluation.

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Avoiding a Road Rage Car Accident

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Learning how to stay calm behind the wheel and avoid road rage can help prevent car accidents and save lives.

Whether we’re stuck in traffic, dealing with aggressive drivers, or simply running late for an appointment, it can be too easy to let our emotions get the better of us when we’re behind the wheel. However, losing our cool behind the wheel can have serious consequences—not just for us but for other drivers on the road. That’s why it’s so important to learn how to stay calm behind the wheel and avoid road rage, no matter what the situation.

Here are some tips to help you stay calm behind the wheel.

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an angry driver throwing up their hand

Take It Slow

When we’re feeling stressed or anxious, it’s natural to want to speed up to reach our destination as quickly as possible. However, this is often a recipe for disaster, as speeding not only increases our chances of getting into an accident but also makes us more likely to receive a ticket. So instead of racing down the highway, try to take things slow and steady. Follow the speed limit, and you’ll get where you’re going eventually, while not putting yourself and others in danger in the process.

Consider Listening to Soothing Music

Music has a way of calming us down and helping us relax, so if you’re feeling frazzled behind the wheel, you may consider putting on soothing music. Just be sure to keep the volume at a reasonable level so that you can still hear what’s going on around you—you don’t want your music to become a distraction in and of itself!

Count

This may sound like something from elementary school, but counting can be helpful when trying to stay calm behind the wheel. Start by taking some deep breaths and then counting slowly from 1 to 10 or higher, if you need. Focusing on something like your breath or a simple number can help take your mind off of whatever is causing you stress and anxiety and allow you to focus on the task at hand—driving safely.

Pull Over to a Safe Location

If you find yourself feeling overwhelmed or panicked while driving, it may be best to pull over somewhere safe and take a break. Turn off your engine, close your eyes, and take deep breaths until you feel calmer. It may add a few minutes to your journey time, but it’s better than putting yourself and others at risk by trying to push through when you’re not in the right frame of mind.

Think Positive Thoughts

It may sound cheesy, but thinking positive thoughts can help reduce stress levels. So instead of dwelling on everything that could go wrong while driving, try thinking about something that makes you happy—perhaps an upcoming vacation or time spent with friends or family members. Focusing on positive thoughts can help take your mind off whatever is stressing you out and allow you to focus on driving safely instead. Of course, do not allow this to take your attention off the road.

St. Louis Car Accident Lawyer

Unfortunately, despite your best efforts to stay calm and focused while behind the wheel, you may still find yourself in a car accident that leaves you injured. If this happens, don’t hesitate to contact The Hoffman Law Firm for help. Our St. Louis car accident lawyers have over 20 years of experience fighting for the compensation our clients deserve, so they can focus on healing and getting back on their feet. Contact us today for a free consultation.

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Should I Accept the Insurance Adjuster’s Settlement Offer for My Car Accident Claim?

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Before accepting the insurance adjuster’s settlement offer for your car accident, there are several important factors to consider.

When you file a claim after a car accident, the insurance company will investigate your claim and verify it against the injuries sustained and damage to the vehicle. Next, they will likely send you the first settlement offer in writing. This offer will specify the amount the insurance company has agreed to pay for your damages – the full claim, a part of it, or nothing at all. The vehicle damage claim is separate from the claim for injuries sustained and loss of wages, so you may receive two separate offers.

Before accepting the insurance adjuster’s settlement offer for your car accident, there are several important factors to consider.

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insurance adjuster holding out a pen to sign a car accident settlement

The Initial Offer is Generally Low

If the initial offer from the insurance adjuster is too low, you have the option of accepting the offer, rejecting it, or negotiating a higher amount. The first offer is generally low, as the adjuster wants to save the insurance company some money and has the authority to negotiate a final settlement amount. Whether the initial offer is low or not will depend on your personal case.

An ideal settlement amount should compensate for the vehicle damage and the medical expenses incurred. If you have sustained an injury with lasting effects or a disability, the compensation should include your future expenses. You should keep an account of the money that you have already spent. This will help you evaluate whether the offer is low or not.

Understand Your Insurance Policy

The next important thing is understanding your insurance policy as well as the insurance regulations of your state. If your bill amount is higher than the coverage of your insurance policy, the offer will almost certainly be low, possibly around the maximum limit of your insurance coverage. You should also pay attention to the fault liability stated by the insurance company. Insurance adjusters, in many cases, overstate the amount of fault so that a deliberately low first offer seems justified.

Before accepting an offer from your insurance adjuster, it is a good idea to speak with an experienced car accident attorney. Your attorney can assist you by helping you determine the amount of compensation that will be necessary for both present and future expenses. Many times, the negotiations involved in these cases are complex. Having the assistance of an experienced attorney who deals with these claims regularly will increase your chances of recovering the compensation you need.

Speak With a Car Accident Attorney Before Signing Anything

If you or a loved one have been injured in a car accident, contact a St. Louis car accident lawyer at The Hoffmann Law Firm to discuss your case before you speak with any insurance adjusters! We have over 20 years of experience and have successfully handled thousands of cases involving St. Louis automobile accident claims. Call (314) 361-4242 for a free case evaluation!

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4 Common Mistakes When Collecting or Handling Car Accident Evidence

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If you have been in a car accident and are looking for a car accident attorney to help you pursue your claim, we can evaluate your case for free!

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Whether it’s waiting too long before visiting the accident scene or not interviewing witnesses soon enough, there are several common mistakes that are made when collecting or handling car accident evidence.

a man taking a picture of his car after an accident

Waiting Too Long Before Visiting the Accident Scene

One of the most common mistakes is waiting too long before visiting the accident scene. This can have several negative impacts on a car accident claim. For one, it can be difficult to accurately visualize and reconstruct the accident if too much time has elapsed. Also, key evidence may have been removed or disturbed in the meantime. In some cases, weather conditions can also make it difficult to obtain an accurate picture of what happened. For these reasons, it’s important to visit the accident scene as soon as possible after the accident occurs. 

Not Packaging the Evidence Correctly 

Another mistake is not packaging the evidence correctly. There are three general tips to keep in mind when packaging evidence:

  • Collect small items in sealable bags and label them with the date and time.
  • Larger items, such as car parts, should be wrapped in clean paper or plastic and placed in boxes. Again, be sure to label the boxes with the relevant information.
  • Take photos or videos of the evidence before packing it up. This will provide additional documentation in case the evidence is lost or damaged.

Not Labeling the Evidence Properly 

The third mistake is not labeling the evidence properly. When collecting evidence, it’s important to label the container with all the relevant information, such as the date and time of the accident, so that there is no confusion about what is inside the container.

Not Documenting the Location Where the Evidence Was Collected

This is another common mistake when collecting evidence. Documenting the location where the evidence was collected is important for three reasons. 

First, it confirms that the evidence was collected from the accident scene. Second, it helps to establish the chain of custody for the evidence. Third, it can provide valuable information about the conditions at the time of the accident. For example, if there was debris on the road at the time of the accident, documenting its location can help establish that it contributed to the accident. 

We’ll Fight to Get You the Compensation You Deserve!

There you have it, four mistakes that are often made when collecting or handling evidence. If you have been in a car accident and are looking for an attorney to help you pursue your claim, contact The Hoffman Law Firm. Our experienced St. Louis car accident attorneys can ensure that your legal rights are protected and that evidence is collected and handled appropriately. Contact us to schedule a free consultation.

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Car Accident Court Hearing

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At a car accident hearing, both sides will present their evidence and arguments to a judge or mediator, who will then decide how the case should be resolved.

court room gavel

Imagine your car accident attorney has negotiated with the insurance company for a fair settlement, but the insurance company just won’t budge. Or you and the other party in the car accident can’t seem to agree on who was at fault for the car accident. What happens next? The next step would be to file a lawsuit and take your case to court. However, before you can even get to that stage, you will generally have a car accident hearing.

At a car accident hearing, both sides will present their evidence and arguments to a judge or mediator, who will then decide how the case should be resolved. But who will actually be present at the hearing?

Key Players in a Car Accident Hearing

The Plaintiff: This is the person who filed the lawsuit. In a car accident case, the plaintiff is usually the driver who was injured in the accident.

The Defendant: This is the person being sued. In a car accident case, the defendant is usually the driver who caused the accident.

The Judge: The judge is the person who presides over the hearing. They will ensure that the proceedings are conducted fairly and under the law.

The Mediator: A mediator is a neutral third party who helps the two sides reach an agreement. Mediators don’t make decisions as a judge does. Instead, they help the two sides communicate and try to find common ground.

The Insurance Company: The insurance company will be represented by an attorney.

Your Attorney: It is highly recommended that you have an experienced car accident attorney representing you at the hearing. Your attorney can advocate for your best interests and make sure that you are treated fairly.

The Defendant’s Attorney: Like you, the defendant will also have an attorney representing them. The defendant’s attorney will try to prove that their client was not at fault for the accident.

Are Witnesses Allowed at a Car Accident Hearing?

Typically, only the parties involved in the lawsuit present evidence and arguments at the hearing. This means that witnesses generally won’t testify. However, there may be exceptions. For example, if there is a dispute over who was at fault for the accident, the judge may allow witnesses to testify about what they saw.

What About Evidence?

Evidence can take many forms, but some common examples include photos, videos, medical records, and police reports. Evidence will be used to support the arguments made by the parties involved in the lawsuit.

St. Louis Car Accident Lawyers

Whether you’ve recently been involved in a car accident or you’re wondering who will be present at your hearing and what kind of evidence you’ll need to prove your case, the experienced car accident attorneys at The Hoffman Law Firm can help. We have a proven track record of success in car accident cases, and we’re ready to put our experience to work for you. Contact us today for a free consultation.

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Click to Call: (314) 361-4242