Personal Injury Questions

Personal injury questions. Most people who get injured by someone else’s negligence have never had to deal
with making a personal injury claim. Naturally, there are a lot of unknowns, and a lot of questions about the claims
process and how they can get compensation for their injuries. At Burger Law, we deal with injury claims every day,
and we always answer questions for free. With offices in St. Louis, Chicago and elsewhere, we are ideally suited to
represent the injured and vulnerable throughout Missouri and Illinois. Call us today at or contact us online for a free consultation.

If you were injured through the negligence of another in Missouri or Illinois, see how much your claim may be worth
by using our free personal injury calculator.

Top 9 Personal Injury Questions

Below are the top nine personal injury questions we get asked most often at Burger Law.

1. What Should I Do if I’ve Been Injured?

Whether you were injured in a car accident, slip and fall, were injured by a defective product or sustained your injury in some
other way, there are important steps to take to ensure both your long-term health and your ability to receive
compensation:

• Get medical treatment — If your injuries aren’t severe enough to warrant a trip to the emergency
  room, it’s still a good idea to make an appointment with your doctor to get checked out. Firstly, because some
  injuries aren’t immediately noticeable, and secondly, because you’ll need documentation of your injuries and
  medical expenses to get compensation.
• Get evidence from the scene — Take pictures of the accident scene, get the contact info of
  eyewitnesses and see if there are any security cameras around that you can get access to.
• Report your injuries — Both Missouri and Illinois require you to report a car accident that results
  in bodily injury. In other types of accidents, you can make a report with property management or a product
  manufacturer.
• Keep detailed records — While recovering, make sure to keep records of all your medical expenses,
  lost wages and out-of-pocket expenses such as in-home help or transportation costs to and from doctors
  appointments. You can also keep a journal detailing how your injuries affect you physically and emotionally.
• Contact a lawyer — Most personal injury
  lawyers offer free consultations. If an insurance adjuster tells you they cannot possibly offer a higher
  settlement, don’t believe them before you’ve had an attorney look over the details of your case.

2. Do I Have a Personal Injury Claim?

You have a personal injury claim whenever someone else injured you through their negligence. There are five elements
to proving negligence in a personal injury
claim:

• Duty of care — that someone owed you a responsibility to keep you reasonably safe
• Breach of duty — that through recklessness or carelessness, they failed in that duty
• Cause in fact — the accident or incident caused your injuries
• Proximate cause — the breach of duty caused the accident or incident
• Damages — that you sustained losses, for example financial loss from medical bills and lost wages,
  and emotional harm

In some cases, such as car accidents, everyone automatically owes everyone else a duty of care. In others, a special
relationship must be established, such as between a doctor and patient, or a landlord and tenant.

3. Do I Really Need a Lawyer?

That depends on your case. In a typical fender-bender with limited medical bills, there’s a good chance you’ll be
able to get a fair offer from the insurance company after a few back-and-forths. It might be time to hire a personal injury lawyer if:

• Your injuries were significant or require ongoing care
• The insurance company’s offer is far below your damages
• There is disagreement about who is at fault
• There are multiple liable parties
• There are other complications, such as if you were injured because of a public employee or were injured in a
  commercial truck accident

Personal injury attorneys deal with resistant insurance companies every day. If you’re not being treated fairly or
someone is trying to blame you for your injuries, you’ll likely need an attorney to get the compensation you really
deserve. We offer some tips on our website for how to deal with an insurance
company after an accident, but it’s always good to at least talk with a lawyer before accepting any
settlement offers.

4. Is It Expensive to Hire a Personal Injury Lawyer?

Not at all, and in fact there are no upfront costs. Our attorneys work on a contingency fee basis. That means we
take a percentage of your final compensation as our attorneys’ fees, only after you are compensated, and
not unless we win your case. We know being injured already causes financial hardships. Our payment method
ensures you don’t have to worry about spending more money to get great legal representation.

5. Won’t a Lawyer Just Take Money From Me in the End?

Absolutely not. Because we work on a contingency fee, there’s no reason for us to take on your case unless we truly
believe we can add substantial value to it. According to a study by the Insurance Research Council,
claimants who hire a personal injury lawyer receive a settlement 3.5 times greater than people who do not.

In a recent case, Burger Law’s car accident lawyers were able to secure a $100,000 settlement for a client in St. Louis
after we filed a lawsuit. Before we filed the lawsuit, the insurance company’s highest offer was only $3,900.

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6. What Can I Lawyer Do For Me?

Lawyers are ethically bound to represent their clients with “zealous advocacy.” That means we do everything in our
power to get the most favorable results for you possible. What personal injury lawyers do includes:

• Gathering evidence
• Consulting with and hiring accident and medical experts
• Taking depositions
• Being tough on gross examination
• Handling all communication, documentation and litigations
• Offer sound and straightforward legal counsel based on our experience
• Always listen to you and allow you to make your own decisions
• Demand full compensation from the insurance company and combat the insurance
  adjuster’s tricks
• Take your case to trial if we have to
• Reducing your liens after a settlement or
  verdict to put more money in your pocket

7. How Much Compensation Will I Receive?

That depends on your injuries and how they have affected your life. Some car accident claims with a relatively simple
whiplash injury can settle for around $20,000. More severe injuries, or accidents that result in the wrongful death of a loved one, can be settled for millions
of dollars. Your compensation is based on your financial losses in medical bills, lost wages and out-of-pocket
expenses, and the pain and suffering caused by your injuries. See more about how pain and suffering is calculated here.

8. What if I Was Partially at Fault for My Accident?

In both Missouri and Illinois, you can still receive some compensation if you were partially at fault. Under the
doctrine of comparative negligence, your
compensation will be reduced by the percentage of fault you bear for the accident. For example, if you have $100,000
in damages but were 30 percent at fault, you would receive $70,000 in compensation.

Under Missouri Revised Statute §537.765, Missouri
is a “pure comparative fault” state. That means even if you were 99 percent to blame for your injuries, you could
still get compensation for one percent of your damages. Under 735 ILCS 5/2-1116, Illinois is a “modified
comparative fault” state, and you can only receive compensation if you were less than 50 percent to blame for your
injuries.

9. How Long Will My Case Take?

Again, that depends. Sometimes, a car insurance company may immediately offer a fair settlement once their find out
there is an attorney on the case; spending the time to fight a claim they know they are going to lose would only
cost them more money.

Other cases can take two or three years to reach a successful conclusion. Some cases, like medical malpractice or product liability, are more complicated by nature and
take longer for each side to investigate and develop their strategy. Other times an insurance company just refuses
to be fair, and after months of negotiation the case has to proceed to trial.

However long your case takes, Burger Law will be by your side every step of the way, and fight until there is nothing
left to fight.

Missouri and Illinois Personal Injury Lawyers | Burger Law

You only have one shot to get full compensation for your injuries, so never accept an injury settlement offer before
you’ve spoken to an attorney and have been assured it’s fair. Burger Law has been fighting back against rule
breakers and resistant insurance companies for over 30 years. Our attorneys are dedicated to all of our Missouri and
Illinois clients, and know how to get them the financial recoveries they deserve. Call us today at or
contact us online to discuss your case for free.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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