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Have you or someone in your family been injured, and do you believe that someone else is responsible for it? You may have a personal injury case in which you can claim compensation. Learn about personal injury cases in Missouri, the compensation you may be entitled to, and what you can do to increase your chances of claiming it.
What Makes A Personal Injury Case?
Not all accidents and injuries are considered personal injury cases. A personal injury case is based on someone’s negligence. To establish negligence, an injury case has to have these four elements:
- Duty of care. Everyone has a legal duty to practice reasonable care towards others. For example, a driver has to drive safely when sharing the road with other motorists, and a homeowner has to ensure that their house is safe for visitors. In a personal injury case, you have to establish first that someone had a duty of care towards you.
- Failure to exercise duty of care. The next element to prove is that the person (or persons) failed their duty of care towards you. An example would be a driver who was drunk behind the wheel and thus failed to drive safely.
- You must then establish that the person’s failure to exercise their duty resulted or contributed to your injury. You cannot claim personal injury if, for instance, you obtained your injury prior to getting hit by a drunk-driver.
- This is the legal term referring to the actual losses that resulted from an accident. Examples are serious physical injuries and the medical expenses that come with them. In some accidents, the resulting injuries may not be serious enough to warrant a personal injury case.
Establishing all four elements typically requires the knowledge and skills of a lawyer. Don’t hesitate to consult one, especially if you need help making sense of your accident.
Types And Examples Of Personal Injury
A personal injury case can arise from a wide variety of incidents, such as:
- Car collisions/Motor vehicle accidents
- Bicycle or motorcycle crashes
- Pedestrian accidents
- Truck wrecks
- Slip-and-fall accidents (premises liability)
- Injuries due to defective/unsafe products (products liability)
- Medical malpractice
- Workplace injuries.
In Missouri, motor vehicle crashes are a leading type of personal injury case. Thousands of people get hurt in traffic accidents in this state each year. The latest statistics from the Missouri State Highway Patrol show that in 2014 alone, 766 people were killed and 47,977 more were injured on our roads.
No doubt that many of us practice safety as much as we can, but as negligent parties continue to cause injury, it’s important to be aware of the rights of accident victims in Missouri.
What You May Be Entitled To In Your Personal Injury Case
A question we often get from injured individuals and their families is how much they might obtain in a successful personal injury case. The answer varies widely because it depends on numerous factors that are specific to each case.
In general, you may be compensated for two types of damages: economic and non-economic. Economic damages have a definite dollar amount or are easily quantifiable. Examples include medical bills, rehabilitation expenses, lost income, and lost ability to earn. Meanwhile, non-economic damages are less tangible but can be assigned a monetary value. Some examples of this are pain and suffering, emotional distress, and disfigurement.
One of the biggest factors in determining your compensation is the severity of your injury. A personal injury can range from concussions and fractures to more life-altering ones such as severe traumatic brain injury, neck or spine injury, and internal organ damage.
An important thing to remember is that accident injuries don’t always show their full extent right away. Sometimes, an innocent-looking bruise may later turn out to be just a start of a serious condition. You’ll want to avoid accepting early offers from insurance companies. Consult a doctor and a lawyer first to know the full extent of your injury and what your case is truly worth.
What Shea Kohl Law Can Do For You
If you need legal help for your injury case in Missouri, we at Shea Kohl Law, LC are ready to provide the service you need. With our 100+ years of combined legal experience, we can competently do these things for you:
- Employ our insider knowledge of insurance company tactics to obtain your best possible recovery
- Work with experts such as physicians, forensics engineers, and accident reconstruction analysts for a robust case preparation, and if necessary, to deliver professional testimony on your behalf
- Provide you with personalized guidance and clear updates at every step of your case, so you are fully informed of our legal strategy and your options.
Whether you wish to obtain an insurance settlement or to bring your case to court, the services of Shea Kohl Law, LC can be your winning advantage.
Don’t wait to talk to us about your case, as Missouri has time limits for filing a personal injury claim. Consult with us for free at (636) 946-9999.
Call Shea Kohl Law, LC at (636) 946-9999
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Shea Kohl Law, LC serves clients in Missouri including St. Charles, Troy and Lincoln and throughout Warren and St. Louis counties. We also serve clients in Illinois.