Whiplash & Whiplash Injury St. Louis

Car Accident Claims

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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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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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

How Long After a Car Accident Can You File an Injury Claim?

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Missouri law generally requires that you file your car accident injury claim within five years of the date of the accident.

After a car accident, it’s not uncommon for car accident victims to have questions regarding the timeline for taking action after their crash. Namely: How long do you have to report an accident? How long do you have to contact the insurance company? And how long after a car accident can you file a car injury claim? Here is a general guide to these time limits.

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two cars involved in an accident

How Long Do You Have to Report a Car Accident?

Under MoRS § 303.040,  drivers must report accidents to the police within 30 days if there was bodily injury, death, or damage in excess of $500. This reporting requirement gives the police time to investigate the accident and determine who was at fault. It also allows insurance companies to process claims and start paying for damages. 

When reporting an accident, you should be prepared to provide the following information: the date, time, and location of the accident; the names, addresses, and phone numbers of all involved parties; and a description of the damage sustained by each vehicle. You should also be prepared to provide your insurance information. 

How Long Do You Have to Notify the Insurance Company?

This is another common question that Missouri car accident victims ask. Ideally, after speaking with an experienced St. Louis car accident attorney, your insurance company should be contacted within 24 hours of the accident. The insurance company will likely have a representative who will visit the accident scene to take photos and gather information about what happened. If you wait too long to notify the insurance company, they may argue that you had time to tamper with the evidence or that the accident didn’t happen the way you say it did.

How Long After a Car Accident Can You File a Car Injury Claim?

Missouri law generally requires that you file your car accident injury claim within five years of the date of the accident. However, it’s always advisable to file your car injury claim as soon as possible. This is because it can be difficult to obtain evidence and witnesses to support your claim after a long period has passed. In addition, the insurance company may try to use the delay as an excuse to deny your claim. Therefore, it’s in your best interest to take action quickly following a car accident.

Remember that these time limits can vary depending on your case’s specific facts and circumstances. If you have been in a car accident, it’s important that you speak with an experienced auto injury attorney who can help protect your rights and ensure that you take action within the applicable time limits.

St. Louis Car Accident Lawyer

Do you need help pursuing your car injury claim? The Hoffman Law Firm can help. Our attorneys have over 20 years of experience and can evaluate your claim for free. Contact us today for a free consultation.

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Click to Call: (314) 361-4242

Hydroplaning Car Accident

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Hydroplaning occurs when a vehicle’s tires lose contact with the road surface due to a build-up of water.

Have you ever been driving down the highway during a heavy rainstorm when all of a sudden, your car starts to feel like it’s floating on a film of water? If so, you most likely experienced hydroplaning. Hydroplaning occurs when a vehicle’s tires lose contact with the road surface due to a build-up of water. This can cause the vehicle to lose control, slide across the road, and lead to a car accident. While hydroplaning can be a scary experience, there are some steps you can take to help prevent it from happening. 

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car hydroplaning

Slow Down in Heavy Rain or Standing Water

One of the most important tips to prevent hydroplaning is to slow down in heavy rain or standing water. Slowing down in heavy rain or standing water helps prevent hydroplaning because it gives the tires more time to displace the water on the road. In addition, avoiding standing water helps prevent tires from becoming overloaded with water, which can lead to a loss of traction. 

Avoid Sudden Braking or Turning

Another way to help prevent hydroplaning is to avoid sudden braking or turning. As we explained, when a vehicle is hydroplaning, its tires lose contact with the road and instead ride on a film of water. As a result, the vehicle can lose steering control and become difficult to handle. Sudden braking or turning can cause the vehicle to spin out of control or even overturn. Therefore, it’s important to avoid making any sudden moves while driving in wet conditions. Instead, drivers should slow down gradually and make gradual turns to help keep their vehicles under control. 

Check Your Tires Regularly

Good tire tread helps to displace water so that it does not build up under your tires. Inspect your tires often to make sure that they have enough tread. Also, check your tire pressure regularly and keep your tires inflated properly.

Drive Defensively

In bad weather, be extra alert and give yourself time to react to potential hazards. It takes longer to brake on wet roads, so leave extra space between you and the car in front of you. 

How To Recover from Hydroplaning

Now that we’ve covered tips on preventing hydroplaning, it’s also important to know what to do if you find yourself in this situation. Here are tips on how to recover from hydroplaning:

1. Keep your steering wheel straight. This will help you maintain control of your car and avoid skidding off the road.

2. Do not brake suddenly. This could cause you to lose control of the car entirely. Instead, gradually decelerate until you regain traction.

3. Do not attempt to accelerate out of a hydroplane. This will only worsen the situation and cause you to lose control of your car.

4. Pull off the road as soon as possible and come to a complete stop. Once you’re safely off the road, assess the damage and ensure that your car is in safe working condition before continuing your journey.

By following these tips, you can help prevent hydroplaning and ensure a safe journey for yourself and those around you.

St. Louis Car Accident Lawyer

If you have been involved in an auto collision caused by another party, The Hoffman Law Firm can help you recover the compensation you are legally entitled to. Contact us today for a free case evaluation.

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Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242