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compensation

Paralysis after a Car Accident: The Cost of Living with a Spinal Cord Injury

August 27, 2019 by Christopher

One of the most serious types of injuries following a car accident can happen to the spinal cord, often leading to paralysis.

St. Louis man in wheelchair after car accident

Being injured as a result of a car accident can greatly affect your life. Car accidents that lead to injuries often inflict serious damage, even loss of life, as statistics show it every year. One of the most serious types of injuries can happen to the spinal cord, often leading to paralysis.

If you are in this situation and you are preparing together with your St. Louis car accident lawyer to file for compensation, you need to be aware of the costs of living with your injury. The figures will depend a lot on your age at the time of the injury, the extent of the damage and, of course, what your expenses are generally.

The Severity of the Spinal Cord Injury

Results of a National Spinal Cord Injury Statistical Center 4 year study published in 2015 show that the most common SCIs fall in the category of incomplete tetraplegia (45%). They are followed by incomplete paraplegia (21%), complete paraplegia (20%) and complete tetraplegia (14%). Of all cases where the victim survived an accident causing a spinal cord injury, about 1% have experienced complete recovery at the time of being admitted from the hospital.

The severity of the SCI is a crucial factor in determining the costs of living after the accident, but it has to be included in a bigger picture that considers others factors as well:

  • The victim’s education
  • Age
  • Employment history
  • The degree of associated neurological damage

The study published by the NSCIS, which also used data from other scientific journals, shows that a person who suffers from the highest degree of severity on the AIS (ASIA Impairment Scale) can pay up to $1,064,716 during the first year following the accident. For the lowest type of injury on the AIS, motor functional at any level (AIS D), the first-year expenses are $347,484 on average.

The first year is the most challenging for the victim, financially and otherwise. The following years will also add medical and other expenses, but they will represent a fraction of the first year’s cost.

Employment After a Spinal Cord Injury

The severity of the injury also influences the second greatest factor in determining life costs for SCI victims: employment status. According to the study, about 50% of the victims were employed at the time of the injury. The percentage dropped by 12% at 1-year post-injury but increased to almost a third of the total by 20 years post-injury.

There are no details about the productivity levels of SCI victims, but it is clear that certain lines of work leave SCI victims unable to perform fully or at all. This means that employment after an injury does not necessarily mean that the victims can sustain themselves without financial compensation.

For victims of SCI as a result of a car injury, estimating their cost of living and gathering physical evidence of their expenses is crucial in building a strong personal injury case. Speak with an experienced St. Louis car accident attorney as soon as possible to see what is the best course of action for you. Give us a call 24/7 at (314) 361-4242 for a FREE case evaluation.

Filed Under: Blog Tagged With: compensation

Compensation for Cosmetic Surgery After a St. Louis Auto Accident

July 30, 2019 by Christopher

If you aren’t sure your cosmetic or plastic surgery is eligible for compensation, reach out to a St. Louis car accident lawyer for help.

woman getting cosmetic surgery

There is a variety of possible injuries a person can suffer after a car accident. According to Missouri law, if the car accident was not your fault, then the person or party that’s caused you harm are responsible for covering the costs of your treatment.

Generally speaking, these proceedings will go through the at-fault party’s insurance company. Unfortunately, this could also mean you’ll have to expect for a potential battle to prove to the adjusters your treatment and all its procedures are necessary for your recovery. And in the case of plastic or cosmetic surgery, this may prove even more difficult.

Cosmetic vs. Plastic Surgery

Cosmetic and plastic surgery generally mean different things. Cosmetic procedures focus on enhancing a person’s appearance and it is often elective. It does not have anything to do with helping the body function, but more in improving its appearance.

Plastic surgery, on the other hand, includes complicated reconstruction of facial and body defects, which is the more common option you’d need after car accidents. Just based on their definition, cosmetic surgery may not be eligible for compensation because it is elective. But, this is not always the case.

Interpreting the Law

All the procedures and treatment you need to recover from your car accident injuries are generally eligible for compensation. However, cosmetic or plastic surgery may not be necessary, in the sense that it may not lead to your physical recovery.

However, visible scars of injuries may have incredibly negative effects on a person’s self-esteem and completely change how they interact with the world. In other cases, scars or muscle damage can even diminish the functionality of certain body parts.

If you and your St. Louis car accident lawyer can effectively argue for the necessity of the cosmetic or plastic procedure, then legally the insurance company cannot refuse to cover the costs.

For instance, let’s assume the car accident left you with a very visible scar on your left cheek. For one thing, it’s placement on your face may affect your mental health, as you may begin to start hiding from the world to avoid people staring at you. The scar could have also affected part of your muscle control, causing even more issues.

If a plastic procedure could remove the scar and help you regain some muscle control, then this argument must be presented to the insurance adjuster. If the muscle is fine, but you do need cosmetic surgery to improve your appearance, that may also be compensated. This is the golden rule for cosmetic or plastic procedures – as long as you can prove their necessity, then you will likely be compensated for them.

Speak With a St. Louis Auto Accident Attorney ASAP

If you aren’t sure your cosmetic or plastic surgery is eligible for compensation, reach out to a St. Louis car accident lawyer for help. They can help protect your rights during legal proceedings. Give us a call 24/7 for a FREE consultation with an experienced attorney.

Call (314) 361-4242

Filed Under: Blog Tagged With: compensation

Partially at Fault for a Car Accident – Am I Entitled to Compensation?

July 3, 2019 by Christopher

What if a car accident “victim” isn’t 100% a victim? What if they partially contributed to the car accident?

Car accident cases can be very complex. In a straightforward situation, you have a clear guilty party and a clear victim. The guilty party, whose actions have led to a car accident and injury of the victim, is generally liable to cover the medical expenses and property damage of those they hurt.

two men discussing car accident

Based on the severity of the impact, a settlement amount is negotiated, the victim receives payment, and everyone can move on. But what if the victim isn’t 100% a victim? What if they partially contributed to the accident too?

Can you still recover damages in this case?

Understanding Comparative Fault

Missouri is a pure comparative fault state, which means the amount of damages you are able to recover in a car accident lawsuit is reduced by the percentage of your own guilt. Because you may have contributed to the results of the impact, Missouri believes you should not get full compensation.

For instance, if you are 20% responsible for the accident, and your total losses are $1000, you can only receive 80% of the damages to account for your own fault. As a result, you generally cannot receive more than $800 as a settlement.

Will It Affect Insurance Claims?

Most car accident cases go through one of the party’s insurance companies and don’t see a day in court. In Missouri, it’s mandatory for drivers to carry auto insurance, so it’s very unlikely to get a case on trial unless you have some serious accusations – like if the other driver intentionally tried to run you over with a car. Even then, the matter is likely to go through criminal court, not a civil court, where you’d normally get the settlement.

The pure comparative rule can affect your insurance claim as well. Though there’s no rule saying the adjuster has to account for your guilt percentage, they can certainly use your own fault as leverage to lower the settlement as much as they can.

How to Receive a Better Settlement

Whether you are going the insurance claim route or taking the matter to court, the amount of damages you receive can depend greatly on your St. Louis car accident lawyer.

In a trial, your lawyer has to convince the jury this accident has caused you harm, and your involvement in it was small, and may not have contributed greatly to the collision. This way, the amount you get can be higher.

The same goes for insurance negotiations. Your lawyer will meet with adjusters and argue on your behalf for the best settlement possible. It’s very difficult to accurately establish a percentage of fault in a car accident. Most of the time, the end result depends on the skills of your attorney. Therefore, it is important to get in touch with an experienced attorney as soon as possible.

For FREE legal advice 24/7, give us a call at (314) 361-4242.

Filed Under: Blog Tagged With: compensation, fault

St. Louis Car Accident Involving a Disabled Driver

April 29, 2019 by Christopher

In Missouri, disabled drivers will generally require modified vehicles that can accommodate their personal disabilities and allow them to fully operate the car.

Driving a car is one of those things that most people take for granted. In Missouri, you can get your driver’s permit at age of 16, and once you turn 18 you are officially considered a driver who does not need any other adult present in the vehicle.

However, for people with disabilities, this commodity may be harder to obtain. Often times, their opportunities are greatly restricted, and they only get a glimpse of a normal life when someone takes the time to accommodate them. This can happen in most aspects of their lives, from education to employment, social activities, and driving.

In Missouri, disabled drivers will generally require modified vehicles that can accommodate their personal disabilities and allow them to fully operate the car. However, once they get behind the driver’s seat, they are just like any other driver, completely responsible for their actions.

disabled driver getting in car

Modified Licenses

Disabled individuals who want to get a valid driver’s license in Missouri must take a test in a vehicle with the specific modifications they need. And, just like for the rest of drivers, if they pass the test, then they will be issued the license with the specific modifications mentioned.

These can be:

  • Extension on foot device;
  • Accelerator on steering wheel;
  • Extra hand devices;
  • Seat or back cushion;
  • Electrical turn signal, etc.

Once these restrictions are added to the driver’s license, it means the driver can only operate a vehicle that has those specific modifications. If someone is caught driving without these accommodations, they can be issued a fine and even lose their license.

What about Liability?

If the disabled driver is responsible for an accident, then under Missouri law they are liable for compensation. If they were also operating a vehicle unsuited for their disability, the state can also impose its punishment.

Their impairment doesn’t necessarily mean they are absolved from breaking the law. You or your St. Louis car accident lawyer will have to build a case showing that the driver’s negligent behavior was the cause for the collision, not their disability.  However, you should also know that disabled drivers are in no means more likely to cause a car accident, so don’t automatically assume they caused the incident. Sometimes, these cases need a bit of investigation until the true culprit can be found.

What Should You Do?

If you are in a car accident and a disabled driver is the one responsible for it, you can file a claim for compensation. Under Missouri law, all drivers are required to carry auto insurance. Reach out to a good St. Louis car injury attorney for further guidance, as these cases can often be very difficult to handle on your own.

The disabled driver and their legal representatives may try to use the disability as an excuse to waive liability. In this case, you will especially benefit from having an experienced attorney on your side. Call (314) 361-4242 for a FREE Consultation.

Filed Under: Blog Tagged With: compensation

The Many Costs of Negligent Driving

December 11, 2018 by Christopher

Every city in the United States has negligent drivers on the road. 

negligent driver in st louis car accident

In a perfect world, there would be no negligent drivers. Unfortunately, that is not the case. Every city in the United States has negligent drivers on the road.  If you are a negligent driver, then it is time to reflect on and adjust your behavior. Consider the many costs of unsafe driving.

Tickets

The most obvious, and most likely, result of negligent driving is getting tickets. While you may be able to avoid the other traps on this list, you will likely get pulled over by the police at some point. The simple truth is that if you engage in negligent behavior continually, you will get caught. When you do, the officer will almost certainly give you a ticket, which may require you to pay a substantial fine, or worse.

Property Damage

Next, we have property damage. Unsafe driving habits almost always lead to car accidents, and when they do, you will likely be held responsible. Whether you choose to repair or are forced to purchase a new vehicle altogether, you’re going to have a significant expense to deal with. What is so dangerous about doing so is that you may not have the savings to cover all of the costs. The result may be a financial hole that takes years to get out of.

Medical Expenses

In the worst situations, your negligent driving could lead to getting in an accident. Some typical injuries that come about as a result are broken bones, sprains, whiplash, and concussions. As you might imagine, each of these conditions requires professional medical treatment, and that attention has associated costs. The most severe cases will lead to a lifetime of expenses, as you must continue treatment indefinitely.

Damage Caused to Someone Else

If you get into a car accident with another person, there is a good chance that you and your insurance company will have to a substantial sum. The reason is that you could be on the hook for costs like property damage, medical expenses, lost wages, and many more.

Insurance

Lastly, every ticket and accident makes you a more costly person to insure. What your provider will likely do is raise your rates, or they might end up dropping you as a client altogether. That latter will require you to find a new company to cover you. Both results will lead to a much higher monthly premium.

St. Louis Car Accident Attorney

Most people would agree that there is a moral aspect to safe driving, as hitting and injuring another person often results in tragedy. Still, drivers can look to other sources of motivation to stay safe on the road. One of them is remembering the monetary cost of negligence and actively trying to avoid those expenses. Of course, you could end up as the unlucky victim of someone else’s unsafe driving. If this is the case, it is time to talk to a St. Louis car accident lawyer.

Get in Touch


Filed Under: Blog Tagged With: compensation

Hit and Run Case

June 26, 2018 by Christopher

If you are in an accident with someone who is charged with hit-and-run, it is a good idea to speak with a St. Louis car accident lawyer.

police lights

In Missouri, it is illegal to be involved in an accident and to flee from the scene without notifying the proper authorities. If you are charged with hit-and-run, there can be some significant consequences for your future and maybe even your freedom. To make sure that you aren’t breaking the law, it is important to know what you do and does not have to do if you are involved in a car accident.

Legally, a hit-and-run is a crime where someone who is guilty of a car collision leaves the scene on purpose so that they aren’t found out. A hit-and-run criminal charge can be anything from a misdemeanor crime to a felony crime, depending on the egregious nature of the act. There are times when you might inadvertently leave the scene unaware that you are doing anything illegal at all.

Duties of a Driver

To obtain a driver’s license in the state of Missouri, you must agree to follow the rules of the road. There are also certain duties that you assume responsibility for when you get behind the wheel. If you are in an accident where someone is injured or where significant damage occurs, you are required to call 911 and to report the accident.

You also have a duty to exchange information, like auto insurance information and personal information, with other drivers after an accident. To perform your duties as required by the laws in Missouri, you have to be on the scene and stay there until your duties are carried out. If you leave the scene without performing those duties, you are in violation of the law.

Punitive Damages

If you are involved in a hit-and-run there is the potential that you can be responsible for something called “punitive damages.” Typically, in a car accident, those who are injured are entitled to both economic and non-economic damages. However, if you are involved in an accident where someone flees and is then charged with hit-and-run, then the injured person can seek punitive damages.

Punitive damages are a type of damage that is supposed to teach wrongdoers a lesson so that others do not follow the same example. They are meant to be harsh. They are also meant as a deterrent to anyone who is considering doing something illegal. So, if you leave the scene of the accident, whether you intend to leave without being discovered or not, then you are subject to hit-and-run charges and even punitive damages.

Action Steps

The best way to prevent hit-and-run charges is to never to leave the scene of an accident without filing a police report and calling 911. Even if you leave your information with the other driver or drivers, you will want to stick around and wait for authorities to arrive to be sure everything is communicated properly.

If you are in an accident with someone who is charged with hit-and-run, it is a good idea to speak with a St. Louis car accident lawyer. You might not only be entitled to collect non-economic and economic damages but punitive ones as well. Give us a call 24/7 at (314) 361-4242 for a FREE consultation.

Filed Under: Blog Tagged With: compensation

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