Whiplash & Whiplash Injury St. Louis

Car Accident Claims

Steps in a Car Accident Settlement

by

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.

Injured in a Car Accident While Pregnant

by

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.

Whiplash Injury and Rear-End Collisions

by

Whiplash is a common injury associated with rear-end collisions.

whiplash car accident St. Louis

The National Safety Council reports that 20 percent of victims in rear-end car accidents suffer from whiplash. A whiplash victim can experience pain and soreness that lasts more than a year.

Women are more likely to suffer whiplash in a car accident because of differences in height, strength and the position of the head restraint. Children who are seated in the third row of minivans and SUVs are also at risk for whiplash injuries.

Symptoms of Whiplash

Whiplash is an injury to the neck caused by an abrupt back and forth jerking motion of the head. Whiplash causes injury to the soft tissues in the bone and spinal cord in the neck and back. The intervertebral joints, discs, ligaments, cervical muscles, and nerve roots may become damaged.  Symptoms of whiplash include:

Diagnosis of Whiplash

A victim of a rear-end collision may not seek medical attention because they feel no immediate pain after an accident. However, symptoms of whiplash injuries are often delayed. Standard X-rays are often used to diagnose soft tissue injuries. CT scans and MRIs may be used to diagnose disc, muscle, or ligament damage.

Treatment of Whiplash

Pain management is a big part of treatment for whiplash. A doctor may prescribe pain relief medication along with physical therapy, massage, heat, and ice. More extensive treatments such as traction, injections, and ultrasound may be required, depending on the severity of the injury. In the past, cervical collars were used to immobilize the neck. The current trend is to encourage early and gentle movement.

According to vehicle safety researchers, the proper position of head restraints and seat belts can protect most passengers from rear-end collision injuries. Head restraints in rear-end collisions are as important as seat belts in frontal collisions.

Help from a St. Louis Car Accident Attorney

The Hoffmann Law Firm, L.L.C. has been assisting whiplash victims for more than 15 years and we can help you obtain the compensation you need for medical expenses and other losses. We offer free consultations in all personal injury cases and you never pay attorney fees unless we recover compensation for you. Contact us at (314) 361-4242.

Accident Attorney Discusses Missouri Laws on the Use of Headlights

by

If you have been involved in a St. Louis car crash and headlights were a factor, you may be entitled to financial compensation.

headlights car accident st louis

The darkness of the night, rain, snow, or fog can decrease a motorist’s visibility. In such conditions, use of headlights is important to decrease the risk of a St. Louis car wreck. Our attorneys would like to take this opportunity to discuss Missouri’s law regarding headlight use. Missouri law requires a vehicle’s headlights to be switched on when visibility is decreased due to fog or other weather conditions, or when the windshield wipers are in use.

In 2004, a law came in effect that dealt with the use of headlights at specific times. Section RSMo 307.020 that deals with when headlights are required were amended to include new requirements. Here is what the law reads. “When lighted lamps are required” means at any time from a half-hour after sunset to a half-hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred feet ahead.  Lighted lamps shall also be required any time the weather conditions require the usage of the motor vehicle’s windshield wipers to operate the vehicle in a careful and prudent manner as defined in section 304.012, RSMo.   The provisions of this section shall be interpreted to require lighted lamps during periods of fog even if the usage of the windshield wipers is not necessary to operate the vehicle in a careful and prudent manner.

The Missouri State Highway Patrol reminds the drivers that it is always better to be visible then to be in an accident. Laws have been enacted in order to promote safety on the highways. The Missouri State Highway Patrol also explains that it is a good idea to slow down in bad weather conditions and to wear a seat belt and make sure that the passengers are either in an approved child restraint seat or are buckled properly when riding in a vehicle.

High Beams Vs. Low Beams

As most of us are aware, high beams are not useful in rainy or foggy conditions as they reflect off the water particles at the motorist. However, low means aim down at the road and are helpful when visibility is poor.

Lights as a Factor in Car Accident Causes

In many cases, the driver neglects to turn on his/her headlights and this leads to a collision with other vehicles or even pedestrian. If the eyewitnesses testify that at the time of the crash, one of the vehicles had not switched on headlights, the driver of that vehicle may be held liable for the crash.

If you are involved in a car accident, whether during the day or night, and lights could be a factor, make sure you talk to eyewitnesses, take photographs of the accident scene, and get all the information you can.  Speak to a qualified St Louis Automobile Accident Attorney for legal help.

Call (314) 361-4242 for a free case evaluation.

Providing a Written Statement After an Auto Accident

by

Should you answer the insurance investigator’s questions or provide a written statement after a St. Louis automobile accident?

car accident statement st. louis

Recorded and written statements are a part of almost every car accident case, whether it is a simple claim or a full-blown lawsuit. However, the question is whether a person should agree to give a recorded statement or not? Is there an advantage to providing a written record rather than answering the investigator’s questions? Consider the following.

Insurance Companies Often Want Recorded Statements

Insurance companies are known to use pressure tactics to get the claimants and witnesses to provide a recorded statement during an investigation. The insurance adjuster may demand a recorded statement during the initial call itself. This happens because the insurance adjusters and even the investigators usually have a script for recorded statements and as they ask questions they tend to focus in the information they think is relevant to the claim even though it may not be relevant to the claimant. Also, adjusters find recorded statements easier to control, and they are often able to ambush the claimant with a request for a recorded statement. For this reason, most recorded statements are provided without any input from a St. Louis Car Wreck Lawyer. The claimants should understand that the statement they provide can have a direct effect on the insurance company’s decision regarding liability, which could mean the difference between obtaining rightful compensation and nothing at all.

In short, insurance companies prefer recorded statements over written statements as they are more likely to benefit the insurance company.

Do I Have the Right to Give a Written Statement?

The claimant has the right to provide a written statement. Depending on the insurance policy, the claimant may not have the right to deny providing a recorded statement, however, the claimant is never prevented from providing a written statement stating his/her version of events. In spite of this, many people let go of this opportunity to narrate their side of the story.

Giving a written statement to the insurance company lets the claimant narrate exactly what happened leading up to the claim with as much detail as he/she wants. The advantage of a written statement is that it can be done in your own time and there is no pressure to get it right the first time. The claim can control the message and is not dependent on the adjuster who may ask the questions that distort the story or suit his interests.

Injured in a St. Louis Car Accident?

If you have been injured in a car accident, you will have to give a statement to the insurance company, it would be in your best interest to seek the help of a St. Louis Injury Attorney before speaking with or providing insurance adjusters with a statement. This will ensure that your best interests are protected. Call (314) 361-4242 to schedule a free and private consultation with an experienced car accident attorney at The Hoffmann Law Firm L.L.C. today.

Car Seats and Child Safety

by

Car accidents are one of the leading causes of deaths among children.

st louis car accident attorneys

Negligence in following recommended safety protocols for children while traveling is the foremost concern that results in car accident-related deaths among children. Use of incorrect car seats, improper use of car seats, not using a seat belt for children, incorrect child restraint systems are some of the leading reasons of death.

The Center for Disease Control and Prevention states that correct usage of car seats, booster seats, and seat belts can reduce death risks for infants by 71%, 54% for toddlers, 45% for children aged 4 to 8 and 50% for older children respectively. Their research based on a study of 3,500 car and booster seats showed that an alarming 72% of the restraint systems were incorrectly used, actually risking injury to the child. They also found that inadequate knowledge with regards to buying the appropriate car seat increased the risk of injury. Here are some recommendations for your reference:

  • Use of appropriate car seat or booster seat depends upon age, height and weight of the child.
  • Regardless of distance, correct use of child restraint systems is a must.
  • Children should always sit at the back; the middle seat in the back is typically considered the safest.
  • A car seat facing the airbag increases risk of injury.
  • Infants under the age of two should sit in a rear-facing car seat, whereas, a forward facing seat is generally best for toddlers aged 2 – 5.
  • Children above five should sit on a booster seat, until the belt fits correctly (with the lap belt across the upper thighs and the shoulder belt across the chest).
  • Read the instruction manual of the car seat / booster seat thoroughly, to ensure proper installation and correct usage. If unsure, request the assistance of certified Child Passenger Safety Technicians. The National Child Passenger Safety Certification Program has a preparation checklist for meeting with a CPS Technician, and the car seat checkup process details.
  • Most Importantly – BE A ROLE MODEL YOURSELF BY WEARING A SEAT BELT.

State Based Laws for In-Car Child Safety

All the US states have set laws around child safety with regards to car seats. The rules, laws, and standard procedures differ from state to state. As parents, it is essential to know your state’s laws surrounding car seat safety. While traveling long distances, you should look up the car seat safety laws of the state you are traveling to. For example, some states have no set preferences for using a rear facing seat, while some states require children to be seated in the back seat only.

The fines and provisions surrounding the enforcement of the laws also differ from state to state. In some states, child car seat violations fall under primary enforcement laws, which mean that cars can be stopped for simply violating child car seat laws. In some states, car seat laws are secondary enforcement laws that need an additional reason, apart from car seat violations, for cars to be stopped on the road.

Either way, the consequences of improper is of car seats, incorrect child restraint systems and negligence are dire. If your child has been injured in a car accident, you could become legally responsible and liable to a full probe conducted by the authorities on the causes of the injury to the child.

St. Louis Car Accident Lawyers

If your child has been injured in an accident caused by another person, speak with experienced St. Louis car accident attorneys at The Hoffmann Law Firm, L.L.C. We can evaluate your case for free and help you determine if you are entitled to compensation from the party at-fault. Call (314) 361-4242 to schedule a free consultation.