Victims of a car accident suffer immense physical, financial, and emotional loss.
According to Missouri law, a victim of a motor vehicle accident is liable to receive compensation for the losses, damages, or injuries suffered in the crash. Missouri car accident attorneys believe that citizens should be aware of their rights in case they become a victim of a car crash.
Negligence and Car Accidents
In order to claim compensation for the injuries suffered in a car accident, the victim needs to prove that the crash was a result of the driver’s negligence. The victim needs to prove the following:
- The driver who caused the crash had the legal duty and responsibility not to cause you injury, but he failed to live up to the responsibility.
- The failure of the other driver to live up to his legal duty caused you injury.
- The victim suffered financial loss or damages as a result of the car accident.
The victim of a car crash can claim damages along the following lines:
- Replacement or repair of the vehicle or any other property that was destroyed or damaged in the car accident. It includes the personal belongings such as your mobile phone that was kept inside your car.
- Cost of treatment that includes past, present, and future medical bills.
- Out of pocket expenses or costs incurred because of the car accident. These expenses include storage and towing fees.
- Cost of hiring domestic help for household chores such as cooking, cleaning, child care, shopping, etc.
- Emotional distress damages caused by the car accident.
- Disfigurement and permanent disability damages caused by the car crash.
- Loss of future earning capacity because of injuries suffered in the crash can also be claimed.
- Loss of income caused by the inability to go to work because of injuries suffered in the car accident. St Louis car accident attorneys inform us that the wage loss due to time missed from work because of time spent on physical therapy, doctor visits, or court appearances can also be claimed.
Deadline for Filing a Claim
Many victims of car accidents do not know that Missouri law gives them a generous five-year limit for filing a claim against the driver at fault. However, it is advisable that the claim is filed as soon as possible, because delay will only jeopardize your ability to prove negligence and get the rightful claims. In case the victim fails to get compensation through a voluntary settlement, it is in their best interest to hire an attorney and file a civil suit.
Missouri Tort Liability System
According to the Missouri tort liability system, a party will be determined to be “at fault” or cause of the accident and that party becomes legally responsible for all the damages caused by the car accident. The damages will then be processed through the driver’s auto insurance company.
Attorneys can do several things for accident victims:
- Your insurance company will try to settle your case for the lowest possible amount. An experienced attorney understands the true value of your injury claim and can advise you on whether to settle or whether to fight for all the compensation you deserve.
- The insurance company will try to settle your case early, before all of your expenses are known. An experienced personal injury attorney, like Christopher Hoffmann, understands that serious injuries can have consequences long after the initial accident. A lawyer who works for you — and you alone — will advise you not to settle too soon.
- The insurance company has its own lawyers working to limit your financial recovery and even to find loopholes so they do not need to pay you at all. Your attorney is your own legal advocate dedicated to protecting your interests. Having your own lawyer levels the playing field. Even attorneys who do not practice personal injury law usually retain a skilled personal injury attorney to represent them or their family members if they are injured.
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Our Accident Claim Lawyers fight to get compensation for injury victims. They have earned their credentials through successful negotiations and vigorous courtroom trial representation. With more than 20 years of experience and thousands of successful cases to his credit, Accident Attorney Christopher Hoffmann focuses his practice exclusively on handling injury claims arising out of Vehicle Accidents in St. Louis, Missouri.