Car Accident Claims

Here are a few important things to understand about the compensation you may be entitled to after a car accident.

If you’ve been the victim of a car accident, you may have many questions running through your mind. Who is going to cover the costs of my medical bills and lost wages? Should I hire a lawyer? And, how much money will I receive from the settlement?

Here are a few important things to understand about the compensation you may be entitled to after a car accident.

To Settle or Go to Trial?

Many people throw the word “settlement” around when it comes to car accident cases. However, few truly understand how car accident claims are settled.

A car accident settlement is an agreement to resolve a legal claim for personal injuries or damages after a car accident. When a settlement is reached, the plaintiff agrees not to sue or drop any charges. 

Most car accident claims are resolved through a settlement as going to court takes a lot of time and effort without guaranteeing that the plaintiff will get the amount he is hoping for. 

Don’t expect to reach a settlement with the at-fault driver’s insurance company quickly. These negotiations can also take some time as the insurance company will generally push back and look for any opportunity to lower the claim. 

How Much Compensation Am I Entitled To After a Car Accident?

There isn’t a simple answer to this question. Each car accident is unique, and the nature and extent of the injuries can differ greatly. However, the insurance company will take certain factors into account when negotiating. 

• The medical expenses related to the injuries;
• Past and future lost wages that occur because of the accident;
• Non-medical expenses that were caused by the accident;
• Pain and suffering, meaning the toll the accident took on the victim’s life and how much their quality of life was affected;
• Punitive damages to punish the behavior that caused the accident. 

The money you will get largely depends on the extent and severity of your injuries. Generally, the more severe your injuries are, the higher the compensation. An experienced St. Louis car accident attorney can correctly estimate your present and future expenses and fight for a fair settlement.

Other Factors That Can Influence Your Car Accident Settlement

Your costs aren’t the only factor that can influence the value of your settlement. The number of parties involved in the accident, for example, can also affect how much money you will get. If more than one party is found liable for causing the crash, then your settlement will probably be higher. The amount of insurance the at-fault driver carries will also impact the amount of money you will get. 

St. Louis Car Accident Lawyers

An experienced St. Louis auto accident lawyer can help ensure your legal rights are protected after a car accident and that you receive the full amount of compensation you are entitled to. If you have been involved in an accident, give us a call 24/7 to benefit from our 20+ years of experience protecting the rights of car accident victims in and around St. Louis, Missouri.

Here is what you need to know about pursuing compensation after being hit by a police car in Missouri.

With so many government employees on the road, including first responders like police or paramedics, getting hit by a police car on a mission is not such a far-fetched scenario. 

What should you do if you get hit by a Missouri police car on a mission? If you suffer injuries or property damage, the usual procedures are to file a claim to an insurance company or file a personal injury lawsuit against the at-fault driver. However, going against a police officer might be intimidating for the average person.

Here is what you need to know about pursuing compensation after being hit by a police car in Missouri. 

Sovereign Immunity in Missouri

Police officers and other public employees have sovereign immunity in Missouri by law. This means that they generally cannot be sued by a civilian. There are exceptions to this rule. One instance is if someone suffers injuries due to a police officer’s negligent conduct when driving. 

It is also important to note that their sovereign immunity will generally not be waived if they are responding to an emergency. This means that the sirens and lights are on so that other motorists and pedestrians can notice them coming. 

If a police officer is not responding to an emergency and they cause a car accident due to negligence, you might be able to file a lawsuit.

Insurance Coverage Limit

Even when the police officer can be sued, there most likely is a modest insurance coverage limit for personal injuries. In Missouri, the state can purchase insurance to cover the exceptions to the sovereign immunity law, but the limits generally cannot exceed $2,000,000 for an occurrence and $300,000 per person. 

Also, if a regular personal injury suit can include punitive or exemplary damages, suing a police officer will generally not allow you to pursue these. Punitive damages are meant to punish the defendant for outrageous conduct and to serve as a discouragement for others. 

What to Do If You File a Suit Against a Police Officer

Because of the special circumstances, we highly recommend speaking with an experienced St. Louis car accident attorney if you have been involved in a car accident with a police officer.

These types of cases are more complex than regular car accidents. Our experienced legal team can evaluate your case for free and help you determine what your legal rights are.

Things can quickly become more complicated if you are involved in a car accident with an out-of-state driver. Here’s what you should do if it happens.

Pursuing an injury claim can be a stressful experience. If you find yourself in a St. Louis crash involving an out-of-state driver, things can get even more confusing and complicated. Many questions arise: How do you pursue your claim for personal injuries and damages? Where should you report the accident? Which state’s insurance laws will your claim be based on? Let’s consider the answers to these questions and what you should do if you are involved in a St. Louis car accident with an out-of-state driver.

Where Should You Report the Accident?

Generally, since the accident happened in St. Louis, the state of Missouri, under the “Long-Arm” Statute, has jurisdiction over the matter. Therefore, you need to report the incident to St. Louis Police. Also, as with any auto crash, it is important to inform your vehicle’s insurer about the accident right away. Don’t forget to gather evidence and exchange insurance info with the out-of-state driver.

Filing Your Injury Claim: Which State’s Auto-Insurance Laws Will Be Applied?

Each state has its own auto-insurance laws and procedures. The location and state where the accident happened will generally dictate which laws are in effect. So, if your accident happened in Missouri, you’ll generally follow Missouri laws to determine who is liable and how to go about getting compensation.

Since these accidents take time to resolve, it can be difficult to negotiate with an out-of-state party. After all, they will likely head back home before the process is complete.

What To Do If You Are Involved in a Crash With an Out-of-State Driver

Here are some general steps you should follow if you are involved in a car accident with an out -of-state driver:

• Contact the authorities (police, paramedics, etc.)
• Seek prompt medical attention
• Document any injuries and property damage (take as many pictures as possible)
• Collect the information of any witnesses
• Get in touch with an experienced St. Louis car accident lawyer

Again, it is important to understand that negotiating these types of cases can be more difficult in these situations.

Consult An Experienced Auto Accident Attorney

Before you make any decision regarding your injuries or claim, contact an auto attorney. An experienced attorney can guide you through the process and ensure your legal rights are protected.

If you or one of your family members has been injured in a St. Louis accident involving a non-resident driver, contact The Hoffmann Law Firm today to discuss your legal options.

Yes, you can. In Missouri, you generally have the right to change attorneys at any stage of your case.

There’s a common belief that once you hire a lawyer to represent you in an injury case, you cannot switch to a new lawyer unless you have serious reasons to do so. However, this is not true. You should not have to be stuck with a bad attorney. If your attorney fails to deliver as expected, you can make a switch. Here’s what you should know about changing car accident attorneys in Missouri.

Can You Switch Personal Injury Lawyers in Missouri?

Yes, you can. In Missouri, you generally have the right to change attorneys at any stage of your case. So, if your attorney fails to meet your needs, you are allowed to look for another one. However, here are few things you need to keep in mind when switching lawyers:

• Before you fire your current lawyer, you should have another lawyer lined up. This will prevent any delays in your case while searching for a new lawyer.
•  If your new attorney accepts your case, ensure your files are transferred smoothly from your previous attorney.
• Sign a retainer agreement with your new lawyer as soon as possible. Under Missouri law, this document grants your new lawyer the authority to represent you.

When Is the Right Time to Switch Your Attorney?

You should consider switching your lawyer if:

• Your case is taking longer than anticipated, and you are not getting reasonable updates or explanations.
• Your attorney’s plan doesn’t seem to protect your interests.
• You don’t trust your lawyer.
• Your attorney doesn’t return your calls or emails.

Note: The timing of when to change your attorney has a significant impact on whether a new lawyer will want to take over your ongoing case. It’s, therefore, important to act upon the desire to switch earlier than later in the case. The transition will be much smoother and allow the new lawyer to catch up easily and best serve your interests.

Are There Consequences of Switching Your Attorney?

You generally will not suffer any consequences for changing your lawyer. Rule 4-1.16(c) of Missouri’s Rules of professional conduct protects you by holding your previous attorney to the highest standards of the attorney-client relationship. If the lawyer fails to uphold these standards, they could have their license revoked or suspended.

How to Find the Best Attorney for Your Case

Choosing the best attorney for your car accident case can seem like a daunting task. Hiring an inexperienced lawyer can jeopardize your case. You should be represented by someone who’s not only experienced but also reliable. At The Hoffmann Law Firm, L.L.C., we have the experience and reliability to help you get what you deserve: quality representation and the compensation you are legally entitled to.

To learn more about your legal rights and see what our experienced legal team has to offer, give us a call 24/7 for a free case evaluation.

While it may seem like an easier option, it isn’t a good idea to accept a “cash settlement” at the scene of a car accident. Here’s what you should do instead.

What should you do if the at-fault driver offers you cash for your damages and injuries? Should you accept the cash? After all, it may seem to be an easier option compared to the lengthy compensation process with the insurance company. However, here is why it is not a good idea to accept a cash offer at the scene of a car accident.

Is Offering Cash Settlement at the Scene of the Accident Legal?

While it may not necessarily be illegal to offer a car accident victim cash to cover the damages or injuries they’ve incurred, it is not the right way to receive compensation. Instead, you should generally collect your compensation from the at-fault driver’s insurance company.

Why Would an At-Fault Driver Offer Cash Settlement?

The top reason why an at-fault driver would offer you a cash settlement is to avoid paying you more. The at-fault driver may also not have insurance coverage and could offer you cash to avoid getting in trouble with the authorities. 

Should You Accept The Cash? 

No. Here’s why you should not accept a “cash settlement” at the scene of an accident:

Your Injuries or Damages Could Be More Serious Than You Think

A car accident can leave you with severe injuries, which may require prolonged treatment. Also, what seems like a slight scratch on your body might later turn out to be a serious and expensive injury. And a quick off-record settlement from the at-driver may not factor in your future medical bills. Therefore, it is always advisable to consult an experienced St. Louis car accident attorney to help you calculate a fair amount for injuries or damages incurred.

There May Be Other Additional Damages You Need To Recover

Aside from medical expenses and repair bills, the at-fault driver should compensate you for lost wages, pain and suffering, and emotional distress as mandated by Missouri laws. A cash offer at the accident scene will generally not factor in all of these damages. This is why you should consult a car accident lawyer to ensure you are receiving the full amount of compensation you are legally entitled to.

Speak With an Experienced St. Louis Car Accident Attorney

Have you been injured in a St. Louis car accident? Our car accident lawyers can evaluate the unique circumstances of your case and help you understand what your legal rights are. We have over 20 years of experience protecting the rights of car accident injury victims in and around St. Louis, Missouri.

Have you been involved in a car accident and feel like someone may be watching you? Well, believe it or not, you could be right.

How is that possible? Well, insurance companies are profit-making organizations. And, like any other business, they want to cut cash outflow as much as possible. To do this, they may hire a private investigator to watch you and gather evidence in an attempt to devalue or deny your injury claim.

Let’s discuss everything you need to know about the use of private investigators by insurers and how you can protect your claim.

What Do Private Investigators Look For?

While your insurer may suspect you are overvaluing your injury claim, they cannot wake up one day and decide they won’t pay you. They must have solid evidence to stop or decrease your compensation. As such, they may decide to hire an investigator to follow you and gather evidence to minimize or deny your claim.

Private investigators won’t just follow you. They may take pictures or videos, check your social media accounts, and look into your financial or criminal records. Their objective is to find even the tiniest excuse to reduce or cut off your claim.

Is It Legal for An Insurer to Hire a Private Investigator to Follow You?

Although it seems unethical, it is generally legal for insurance companies to hire investigators to follow personal injury claimants. Under the Surveillance Act, investigators are allowed to take your photo in public places, monitor your movements, watch your social media activities, and go through your financial or criminal records.

However, the law prohibits private investigators from entering or breaking into your home illegally, recording your phone conversations, and taking pictures or recording videos through your home’s windows. It’s also illegal for them to impersonate police officers or intimidate claimants. If you suspect your insurer may have hired a private investigator to spy on you, be sure to alert your injury lawyer ASAP.

How Can You Protect Your Injury Claim?

Unfortunately, there is nothing you can do to stop your insurer from hiring a private investigator to monitor you. However, there are things you can do to stay out of trouble with your insurer. Here is what you should do:

• Avoid discussing your injury claim on social media. This will make it easier for your insurer to find something to devalue or deny your claim.
• Follow your doctor’s instructions to the letter. If your doctor says you should not lift heavy objects, doing so might damage your credibility or even cause more injuries.
• Never allow investigators into your home. If you tell them to go away, but they insist they want to come in, that could amount to trespassing. You should call your lawyer right away.
• Never do side jobs for additional income. This could be interpreted as fraud if you are considered unfit to work. It is better to be safe than sorry.

Speak With an Experienced St. Louis Injury Lawyer

Do you believe your insurer is spying on you? At The Hoffman Law Firm, we have experienced St. Louis car accident attorneys who know all the tricks your insurer may pull to deny or delay your injury claim. We can help ensure your rights are protected. Contact us 24/7 to discuss your injury case.