Car Accident Claims

Whiplash Injury and Rear-End Collisions

May 5, 2016 by Christopher

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

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:

neck pain and stiffness
headaches
pain in the shoulder or between the shoulder blades
low back pain
pain or numbness in the arm and/or hand
dizziness
difficulty concentrating or remembering
irritability, sleep disturbances, or fatigue

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

April 15, 2016 by Christopher

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

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

March 4, 2016 by Christopher

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

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

February 15, 2016 by Christopher

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

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.

Why November and December Witness Higher Rate of Car Accidents

December 15, 2015 by Christopher

Car accidents can occur anytime, anywhere. However, higher rates of car accidents are reported in the months of November and December compared to other times of the year.

This higher volume of car accidents in November and December can be attributed to several reasons:

Day Light Savings Time

Some studies have shown that time changes that happen with Day Light Saving Time increase the risk of accidents as people adjust to new sleep cycles.

Shorter Days

With days becoming shorter, many of us have to drive or walk back home in the dark, and this can be a little difficult to adjust to. Drivers tend to feel more fatigued driving in the dark and this combined with poor visibility increase the risk of accidents.

Holiday Season

The holiday season often means more parties and more alcohol, and this directly translates into a higher risk of car accidents. In Missouri, drunk driving increases during this period and many accidents are reported as a result. So, it is important to avoid drinking and driving. If you plan on drinking make sure you have someone else drive you home. Apart from drunk driving, the general mood of the people and increased activity on the roads increase the risk of an accident.

Increased Stress

With the holiday season around the corner, many Missourians are busier than ever. With all the holiday plans, social events, and shopping to attend to, the additional tasks increase stress. All this and stress can mean distraction, leading to an automobile accident. When the driver is thinking about shopping and party plans, it takes attention away from the task at hand. This often leads to intersection accidents and right of way collisions. When the drivers are tempted to multitask or check their cell phones while driving, it can lead to an accident.

It is not easy to escape all the stress and excitement of the holiday season, but it is extremely important to put safety first and be stress and distraction free while driving. Don’t push yourself too hard, and take off the non-essential tasks from your to-do list. Plan your day well and keep adequate time for rest. By doing so, you will not only reduce the risk of an accident occurring but will also allow you to enjoy your holidays in a stress-free manner.

Taking some extra precaution during the holiday season can save lives and prevent many injuries. Small things like putting your cell phone away and following all traffic rules can go a long way in making our roads safer. So, enjoy your holiday season to the fullest and keep roads safer by being extra cautious!

Consult With a Car Accident Lawyer

If you or someone dear to you gets injured in a car accident this holiday season, contact an experienced St. Louis car accident lawyer to discuss your legal rights and to get help with the claim process. Call (314) 361-4242 to schedule a free consultation with an experienced attorney from The Hoffmann Law Firm, L.L.C.

Pre Existing Injury Auto Accident

October 22, 2015 by Christopher

Not all St. Louis car accident claims are simple and straightforward. An experienced auto accident attorney can help you determine what compensation you are entitled to.

Anyone who gets injured in a St. Louis car accident caused by the fault of another person or party is generally entitled to receive compensation for both economic and non-economic losses from the at-fault party. However, not all claims are simple and straightforward, because circumstances surrounding every case are different. When making an injury claim following a car accident, some people wonder if their pre-existing medical condition or prior surgeries would influence their financial recovery.

For example, the victim who wants to make a claim had undergone a wrist fusion before the accident, and the fuse was not completely healed. The accident caused a fresh injury to the wrist, and the victim’s condition gets aggravated. In such cases, the victim would more than likely still be able to make a claim.

Medical History and Insurance Companies

When a person files a claim for a car accident injury that resembles any other injury in your medical history, the insurer will likely argue that the fresh injury is a mere aggravation of the pre-existing injuries. The victim does not have to accept this argument as they are legally entitled to fair compensation for their injuries whether they are new injuries or an aggravation of previous injuries.

Proving New vs. Pre-existing Injuries

No matter you have suffered a completely new injury or aggravated any previous injury, you need to prove it, and the best proof is your medical records. If the prior injuries have got aggravated then there would become overlap in the medical treatment. The victim would need the doctor’s help to prove whether the injuries are new and separate or pre-existing.

Doctor’s Statement

Make sure you tell your doctor everything about the car accident right from the start. Tell your doctor about all your symptoms no matter how minor they seem. Let the doctor know of the pain, soreness, numbness, tingling or any discomfort you felt on impact. The doctor’s opinion would be binding on you, and his/her diagnosis and prognosis of your car accident injuries in relation to the pre-existing injuries would be the best evidence in support of your claim.

Remember, insurance adjusters are trained and experienced and when you file a claim they would ask for your medical records. Although they do not have a legal right to check out your records, if you do not provide them, the adjuster can deny your claim. It is important to be honest about any pre-existing conditions or it can affect your credibility and of course, your injury claim too.

Auto Accident Claims Attorney St. Louis

If you have a pre-existing condition, and you suffer a fresh injury in an automobile accident, it would be in your best interests to get in touch with an automobile accident attorney to help you deal with the insurance company and obtain rightful compensation. Call (314) 361-4242 today to schedule a free consultation with an experienced St. Louis car accident lawyer.