compensation

If your car accident injuries prevent you from working, you should understand how your lost wages and earning potential are valued and how you can get compensated.

If you have been injured in a car accident in Missouri, you may have determined what your vehicle was worth, whether or not it can be repaired, and what the costs will be. You may have also assessed your physical injuries and have an idea of how long it will take to recover, what treatment you will need, and a general idea of how much it will cost. However, like most other car accident victims, you may still be wondering what your lost wages and even future earning capacity are worth.

If your injuries prevent you from working during the recovery period or keep you from returning to your previous job, you should understand how your wage and earning potential loss are valued and compensated. 

Present Wage Loss

If you cannot work for a certain period of time due to medical restrictions, hospitalization, or rehabilitation after a car accident, you have immediate wage loss to struggle with. If you can provide evidence of the missed workdays, the cause of the time off work, and usual weekly wages, these losses can generally be compensated by the responsible driver’s insurance company. 

In most cases, simple evidence such as recent tax forms, proof of income from your employer, and check stubs can be enough. However, if you are an independent contractor or a business owner, wage loss is often hard to prove. In this case, you may use your taxes or seek help from your lawyer to estimate your income. 

Loss of Income and Earning Capacity

A car accident victim may be able to seek compensation for lost wages and loss of future earning capacity. A victim can also seek compensation if the injuries resulted in long-term disability or prevent you from returning to your previous job. This happens more commonly when the employer required the victim to perform physical activities that they are now unable to resume after an accident. However, it is often difficult to prove these losses and may require evidence from doctors and other experts. 

How Can a St. Louis Auto Accident Lawyer Help?

An experienced St. Louis auto accident lawyer can make it easy to prove the losses and establish liability. This is particularly true when the victim wants to recover compensation for wage loss and loss of future income potential after a car crash. Oftentimes, the insurance companies try to deny liability or decrease the value of the claim. Getting them to pay for lost wages, and especially loss of income potential can be even more difficult.

This is where the experience of a competent and experienced personal injury attorney can make all the difference. An experienced lawyer can ensure that your present and future losses are considered while pursuing your claim for full compensation. To speak with a car accident lawyer at The Hoffmann Law Firm, L.L.C. in St. Louis, MO, call (314) 361-4242 and schedule a free consultation.

Some St. Louis car accidents can lead to disfigurements, such as large burns, scars, broken noses, lacerations to the face, and other issues.

A serious car accident in St. Louis can result in permanent disabilities and life-changing injuries. But beyond this, some accidents can also lead to disfigurements, such as large burns and scars, broken noses, lacerations to the face, and other issues.

These conditions may require reconstructive cosmetic surgery to restore your appearance. However, can you pursue damages for these surgeries when filing a personal injury lawsuit? Here are a few important things to understand.

Disfigurements Caused by a Car Accident Generally Qualify for Compensation

Under Missouri law, victims of car accidents are allowed to file suits to obtain compensation for a wide variety of damages. This does not just include medical bills and lost wages, but also “pain and suffering.” 

Because of this, Missouri courts generally allow you to recover compensation for the cost of cosmetic and reconstructive surgery due to a car accident. 

This is because disfigurement and changes to your appearance can negatively affect your self-esteem. If you become disfigured due to a St. Louis car accident, you may feel bad about how you look, avoid social situations, suffer a lower quality of life, and experience depression, anxiety, or PTSD, to name just a few issues.

These disfiguring injuries may also cause serious physical pain – losing part of an ear, for example, or suffering a large cut to your face may cause a lot of physical pain and suffering, along with emotional pain and suffering. 

With the help of an experienced car accident attorney in St. Louis, you may even be able to recover damages for the cost of reconstructive surgery. 

For example, if you are in an accident and the steering wheel smashes your nose, this is a direct injury caused by the accident, resulting in disfigurement. Even if you can still breathe normally, you may still be able to get compensation for reconstructive surgery to restore the appearance of your nose, such as rhinoplasty. 

Work With An Experienced St. Louis Car Accident Lawyer

Even though disfigurement and/or reconstructive surgery typically qualify you for damages after a car accident, some insurers may try to deny this claim or say that you are not eligible for compensation since reconstructive surgery is not a “life-saving” procedure.

This is why working with a lawyer in St. Louis is so important. An experienced car accident attorney can negotiate with insurance companies, help you document your injuries and medical costs, and get you the full amount of compensation you are legally entitled to.

If you have been disfigured and required cosmetic surgery to restore your appearance after an accident, we’re ready to help you get the compensation you deserve for your physical and emotional pain and suffering. Contact The Hoffmann Law Firm, L.L.C. 24/7 to schedule a free, no-commitment consultation. 

If your pet was recently injured or killed in a recent accident, reach out to a knowledgeable St. Louis auto accident attorney for legal assistance.

Pets are an integral part of many American households and judging by statistics from the American Veterinary Medical Association, over 57% of households own a pet or two. Taking a pet along on drives to the supermarket, or on leisure trips is common for many pet owners. Sometimes these trips, such as taking the animal to the vet, are a necessity.

Unfortunately, this also puts your pet at risk in the event of a car accident. So, what happens in case an automobile accident also involves a pet? If such an accident results in injury or the death of your pet- whether it is a cat, dog, or any other domesticated animal, you may be entitled to compensation from the party at-fault. It would be helpful to discuss the specifics of your case with an experienced St. Louis car accident attorney to better understand what you may be entitled to.

Factors That Matter

Remember, even if your pet is insured, the coverage may not extend to injuries sustained in a car accident. Pet insurance policies often only cover illnesses. There are three things to consider here though:

• If the accident was caused by the other driver, you can try to claim compensation through their policy’s liability. Whether or not you succeed depends on the accident details and their policy.
  
• If the accident was your fault, there’s a good chance you won’t be covered since most policies do not cover this.
  
• If you are covered only by the mandatory minimum insurance as required by a state, you’re likely not covered. Minimum auto insurance generally does not cover pets. In almost every state, a minimum plan only covers your liability.

Damages in Accidents Involving Pets

In most state laws governing pet injuries during car accidents, pets are considered “personal property”. Any emotional/sentimental value they hold is not necessarily considered while deciding the compensation. If you’re not at fault for the accident, the veterinary expenses incurred for the treatment of the pet may be covered provided that the driver responsible for the accident has liability insurance. 

You should bear in mind that there are limits to the amount of compensation you are entitled to claim. A St. Louis auto accident attorney will be able to guide you on your legal options.   

Compensation for Veterinary Expenses

Veterinary expenses incurred for treating a pet injured in a car accident are generally eligible for compensation as long as they are reasonable. In order to determine what’s reasonable, several factors are taken into consideration including the age and health of your pet.

You can file a claim with the insurance company of the at-fault driver for such compensation. However, you also need to remember that pet coverage is different for every insurance provider and if an insurer does not cover pets in an accident you have the option to file a civil case seeking damages against the other driver. 

Compensation for the Loss of a Pet 

If your pet is tragically killed in an automobile accident, you may be entitled to compensation for the value of the pet. This value is determined in the following ways:

Market Value

In cases of accidents, a pet is considered property, and its value is determined by how much it would sell for on the open market. Factors involved in determining the fair value of a pet include breed, pedigree, age, and health, and at times the purchase price.

Cost of Replacement

In certain cases, you may be awarded damages amounting to the cost of replacing your pet. This value is usually always greater than the fair market value and considers factors such as the pet’s training and accomplishments.

Special Economic Value

Service animals are not regarded as simple pets. Since these animals are trained to perform certain tasks, they are considered a vital part of a disabled person’s life and none of the above would typically equal the value the animal held for the owner.

In such cases, a special economic value is considered which in most cases is higher than both market value and replacement costs and takes into account the impact the pet had on the owner’s day to day life.

Speak With an Experienced Car Accident Lawyer

If your pet was recently injured or killed in a recent accident, reach out to a knowledgeable St. Louis auto accident attorney for legal assistance.

While it’s not easy to put an exact price on the amount of pain and suffering one feels, in a legal claim there are methods to determine what a reasonable settlement would be.

There are many ways in which a car accident can impact your life. When it comes to asking for compensation from the driver responsible for the accident, the best way to deal with it is to proceed with a legal claim towards their insurance company.

In order to get proper compensation for everything you have to deal with in the aftermath of the accident, you generally need to create a list of specific demands, and back it up with evidence. One of the most difficult types of damages to prove is “pain and suffering”.

What Is Pain and Suffering?

To better understand what can be considered “pain and suffering” in a car accident claim, it’s important to differentiate between the two main types of damages considered in such a case. 

The most obvious type of damage, that is also easier to prove and quantify, is economic damage. This typically includes the medical costs of investigations and treatment, lost wages from missing work and income opportunities, vehicle repairs needed in case of property damage, and so on. 

However, car accident victims often deal with much more than that. Pain and suffering is part of the non-economic (or general) damages a car crash can cause. It represents the pain and discomfort brought by your injuries, and it has to be backed by medical evidence to pass as proof in a car accident claim.

Methods of Calculating Pain and Suffering

Pain is felt by every person differently, and the amount of pain you go through varies a lot with your health state, pain tolerance, and the nature of the injury. While it’s not easy to put an exact price on the amount of pain and suffering one feels, in a legal claim there are methods to determine what a reasonable settlement would be for these non-economic damages.

Here are two of the most widely used methods to calculate pain and suffering. 

“Per Diem” Method

“Per diem” means per day in Latin. A certain amount of money is calculated for an average day in the victim’s life, from the moment of the accident to the time they reach MMI (Maximum Medical Improvement). The most commonly used amount of money attributed to a day in the victim’s life is the value of a working day from their most recent job. 

After the insurance company calculates the daily amount is calculated, the total settlement will be determined by it and the number of days until recovery. This method, however, is rarely used and generally doesn’t apply to permanent injuries.

Multiplying Special Damages

In most car accident claims, pain and suffering is calculated as a multiplier of the economic damages. Since they are much easier to determine, the total can then be used as a basis for calculating the damages as a whole.

The pain and suffering multiplier can double, triple, or increase the amount given for economic damages manifold. Depending on the severity of the injuries and what the patient goes through during recovery, it can lead to a substantial amount. 

Speak With an Experienced St. Louis Car Crash Attorney

If you have been involved in a St. Louis car accident attorney, you can be sure that the other party will do their best to minimize the amount of compensation you receive. Make sure your legal rights are protected by speaking with an experienced attorney as soon as possible after an accident.