What Damages Can I Be Compensated for in a Personal Injury Claim?
Personal Injury Claims
What Damages Can I Be Compensated For in a St. Louis, MO Personal Injury Claim?
Personal injury settlements are designed to compensate victims for any physical, emotional, mental, or financial hardships that they have had to endure after a motor vehicle accident, slip and fall incident, or other personal injury claims. Collectively, these losses are known as damages.
Some damages included in personal injury settlements are subjective while others have fixed dollar amounts:
- Medical Treatment - You will be compensated for medical bills, medical accessories, medication, therapy fees and other medical expenses that you have incurred or will have to spend in the future because of the accident.
- Pain and Suffering - This is reimbursement for both the physical and mental hardships the injury has put you through. Physical pain and suffering can include anything from joint pain when climbing stairs or having difficulty sleeping in certain positions because of back pain. Mental pain and suffering can include the anger you feel for being put in this position, loss of enjoyment of life like not being able to play with your children or exercise as you used to, PTSD, scarring or disfigurement, loss of consortium or any other negative effects the injury has had on your emotions.
- Loss of Income - This includes missed work hours as you recover as well as any loss of earning capacity if your injury results in a disability that does not allow you to make a living as you once did.
- Property Loss - This is reimbursement for personal property damage caused in the accident, such as damage to vehicles, cell phones, clothing or other items.
After an accident, to maximize the amount of the settlement you are eligible to recover, it is essential to document everything, collect any evidence you can and discuss your right to recover compensation for your harm and losses with a personal injury lawyer in St. Louis.
Other Factors That Determine How Much Compensation You Can Receive
The final compensation for your injury claim is not only determined by adding up your economic and noneconomic damages. Other factors that will influence your financial recovery include:
- Comparative negligence - If it is determined you are partially at fault for your injuries, your compensation will be lowered by the percentage of the blame you bear.
- Out-of-pocket expenses - In addition to medical bills, you can also be compensated for expenses such as transportation or gas used to get to medical appointments, having to hire a nanny or daycare or having to hire a nurse to come to your home.
- Policy limits - While a skilled lawyer may be able to get you more than the policy limit, in most cases the insurance company will have an upper limit on how much compensation that are required to pay. Trucking companies and doctors typically have much higher policy limits than your typical driver of a passenger car.
At Burger Law, we fight hard for our clients in St. Louis and throughout Missouri and Illinois to ensure that their compensation is maximized — not lowered.
It's important to remember that every case is different, and what you may be eligible to recover is going to be based entirely upon the circumstances of your claim. Your recovery comes first, and is our highest priority. We fight for you so that you can receive the compensation you are owed for the damages you have suffered. If you have questions about your case, the damages you may be able to recover, or other questions regarding personal injury claims, call our Personal Injury Lawyers in St. Louis, MO immediately at (314) 500-HURT.
What Are the Most Common Personal Injury Claims?
Personal Injury Law Firm St. Louis
What Are the Most Common Personal Injury Claims in St. Louis?
When you choose a personal injury lawyer who is experienced, knows the law and fights on your behalf, you benefit from our team's wealth of exceptional experience with every facet of personal injury law because we actively practice every area of personal binjury law. We realize that case types often overlap, and having experience with each type of claim gives our team the perfect preparation to successfully fight for our clients' rights and recoveries. Listed below are overviews of the case types we most commonly pursue, including car accidents, truck accidents, motorcycle accidents, medical malpractice, slip and fall cases, dog bites, product liability, and more:
- Car Accident Claims - Car Accidents are typically caused by negligent actions. Our Car Accident Lawyers in St. Louis and Missouri use their knowledge of state laws and scientific facts to take on each car accident claim, and use different methods to gather evidence depending upon the type of claim
- Truck Accident Claims - Commercial Trucks can weigh anywhere from 30,000lbs to 80,000lbs. A car weighs 5,000lbs. This amounts to much more force in truck accidents. When a trucking vehicle or a commercial vehicle collides with a small sedan, the accidents always cause serious injuries.
- Bus Accident Claims - Like truck accidents, the size and limited safety features of some buses can cause serious injuries to multiple people. Whether it is a greyhound, school bus, tour bus or any other type of bus, the claims are often complicated as they involve multiple parties with expensive defense teams, making an experienced and aggressive attorney essential to your claim.
- Motorcycle Accident and Bicycle Accident Claims - While it is natural to enjoy the freedom that riding a bike offers, far too many people do not pay attention to bikers on the road. Some passenger car drivers are even actively hostel. Because people on motorcycles and bicycles are vulnerable compared to their enclosed vehicle counterparts, bike injuries can often be severe.
- Medical Malpractice Claims - Medical Malpractice can happen when a doctor, healthcare professional, hospital, or other health service center acts in a negligent way or neglects to provide a standard of reasonable care, and this action leads to the patient being injured. This can happen in the form of misdiagnosis and failure to diagnose, error in treatments, errors in aftercare or hospital system failures.
- Workers Compensation Claims - The state of Missouri offers worker's compensation in order to ensure that people injured at work receive compensation and employers are protected from lawsuits. However, it is not always as easy as filing paperwork. Employers that care little for their employees health are going to push them to return to work as quickly as possible, or be fired. They will refer you to company-friendly doctors or physicians who help them protect their bottom line. This is a ridiculous tactic that many businesses use to cheat injured workers out of their compensation. Our Work Comp Lawyers in St. Louis and throughout Missouri know every tactic your employer will use to cheat you, and will fight for your rights every step of the way.
- Wrongful Death Claims - Wrongful Death claims are never easy. No one should ever lose a loved one because of an accident that is caused by another’s negligence. There is always a trail of facts or reports that show negligence on the part of the business or individual who is responsible for your loved one’s death. While money can never replace a loved one, we will fight for your family’s rights and make sure you receive compensation for the loss of their income, funeral and hospital expenses and the loss of any guidance, support and comfort you received from them.
- Dog Bite Claims - Dogs can be great additions to families, but some dogs are vicious and others instinctually bite in certain situations. Because of that, dog owners have a duty to be in control of their dogs at all times. When they fail in that duty and their dog bites you, they owe you compensation for your injuries.
- Product Liability Claims - Everyone involved in the chain of distribution has a responsibility to make reasonably safe products and include sufficient warning. If a defective product injures you or a loved one, you have the right to sue a designer, manufacturer and/or vendor for compensation.
- Slip and Fall Claims - The laws governing premises liability are in place to require people who control a property to either fix or warn against dangerous conditions they knew or should have known about. If you fall and become injured because a property owner or manager did not keep their property safe, you can make a claim against them for your damages.
- Construction Accident Claims - Construction accidents often fall under workers' compensation and employer negligence. However, you may also be able to make a third-party liability claim, and may be able to sue the construction company if you are a civilian injured at a construction site.
Gary Burger and the experienced and aggressive personal injury attorneys at Burger Law take every injury claim seriously. You do not owe us anything until we win your claim. Our St. Louis personal injury attorneys are specialized in all areas of injury cases. We handle all aspects of your case from start to finish so that you can focus on your recovery. We know how to fight against resistant insurance companies and defendants who refuse to take accountability for the harm they have caused by breaking safety rules. Our firm has the expertise and winning track record necessary to provide the best possible legal representation in your personal injury case or any other type of accident case.
Your personal injury lawyer in St. Louis must have complete mastery and knowledge of all types of cases that injury victims may face. Distinguishing between a car accident case and truck accident or medical malpractice case may seem simple, but there are many different laws and unique statutes in Missouri and Illinois that apply to each type of case and could easily become the deciding factor in the success of your case. The legal knowledge and technical strategy and expertise necessary to successfully maneuver each type of Missouri and Illinois tort claims, whether a medical malpractice claim, a pedestrian accident, or a premise liability situation, are only possible with years of education, training, and real claim experience that a vehicle-accident-only attorney may not possess.
What Documentation Can I Provide to Help My Personal Injury Claim?
What Documentation Can I Provide to Help My St. Louis Personal Injury Claim?
A personal injury case can take months or longer to settle. Any information and documentation you can collect and provide will help your case. Your personal injury lawyer will help you obtain, keep track of, and present documentation such as medical treatment bills and records and communications between yourself and the negligent party. Whatever information you can provide will only work to help strengthen your case.
Below is a list of documentation and records we recommend you start to collect as soon as possible after your injury.
- Pictures and videos
If possible, at the time of the accident, take pictures and videos of anything you can. Be sure to first get to safety to avoid further injury, and then use your phone to take pictures of the damage to your vehicle (if it is a car accident) or other property, your injuries, damage to the surrounding infrastructure, road, weather or property conditions, any other helpful information. As you get medical treatment for your injuries and as you go through the healing process, take additional photos to document progress and long-term effects.
- Medical bills
Keep track of any medical costs associated with your injuries. This might include ambulance bills, hospital bills, office visits, medications, treatments, mental health care, medical supplies and devices, etc. Medical bills provide straightforward dollar amounts on what your injuries have cost you, though they do not paint a complete picture on their own.
- Medical records
Just as medical bills are important to your claim, so too are medical records. Medical records provide professional documentation describing the extent of your injuries and the degree to which you have been affected and how much you are able to physically recover. Your personal injury lawyer will be able to help you obtain medical records such as diagnoses, recommendations for treatment, and descriptions of your condition.
- Police reports
If the police were called to the scene of the accident, collect and keep track of all information such as police reports, the police officers' names and badge numbers, and case numbers.
- Insurance claims
If you use your insurance to cover your medical care and treatment costs or to repair or replace your vehicle in a car accident, make sure to file all documentation from the insurance company, correspondence between yourself and the insurance company, and bills and payments to the insurance company.
- Financial documents and records
Any documentation you can provide on your change in income, loss of wages or hours, receipts, and out-of-pocket costs related to the accident will provide a more complete picture of the many ways your injuries have affected your life.
You may also choose to personally record notes, observations, and thoughts throughout the course of your recovery and from the event itself. Keep a journal about your day-to-day experiences during treatment and during the incident itself. At the time of the accident, you can also record any witness information and statements yourself. Even if the police arrive, they do not always collect and file statements from all witnesses.
What Will My Personal Injury Lawyer Do For Me?
What Will My St. Louis, MO Personal Injury Lawyer Do For Me?
Turn to your chosen personal injury law firm as the expert and proven professional on personal injury claims in Missouri. A quality St. Louis personal injury lawyer will provide you with ample information. Your Burger Law lawyer will explain your legal situation, inform you of your rights, explain the courses of action available to you and explain how claims and lawsuits work. Throughout the legal process, your personal injury lawyer can help you grasp the choices you face and what they mean. When it comes time to negotiate and consider settlement offers, your personal injury lawyer will make sure you get the maximum possible compensation for your damages.
Analyze your case.
When you hire a personal injury lawyer in St. Louis, they will take a legal eye to your case and make an educated assessment of the situation. To understand the circumstances of your injuries as they relate to personal injury law, your lawyer will collect and evaluate evidence, including testimony from witnesses to your injury to identify who is responsible for your injuries and how their behavior caused you harm.
Build your case.
With a personal injury lawyer on your side, you do not have to worry about handling the documentation and other evidence of your injuries and other damages. Your lawyer will collect evidence and use it to paint a picture that explains how the defendant owed you a duty of care that they failed to meet, prove that they acted in negligence, and their negligent behavior caused your injuries and other damages. Your lawyer will also use their experience in the field of personal injury litigation to determine an accurate value of your claim.
Another thing your lawyer can do to help you is connect you to skilled medical professionals for the care and treatment you need. Receiving medical care can help you heal physically and can also be used to strengthen your case. The medical professionals your lawyer works with likely treat personal injury victims on a lien basis so you do not have to pay for your treatment upfront.
With an accurate number value of your damages now calculated, your lawyer can negotiate a fair settlement for your injury claim. With a lawyer, you will no longer have to deal with the insurance company or adjustors whatsoever. Leave that to the professionals. We negotiate with insurance companies on a nearly daily basis and are very familiar with the tricks they use to avoid paying claims.
Negotiating can also include negotiating to reduce your medical liens after we have reached a settlement. With a lawyer on your case, you can further maximize the money in your pocket by getting the portion owed for your medical care reduced.
Facilitate legal proceedings.
One of the primary purposes of hiring a lawyer is to have a professional take care of all legal processes during your case. Life goes on during your personal injury suit, and you don’t have the time or energy to worry about the preparation, communication and paperwork involved in handling a suit. Your lawyer will prepare and send off demand letters, prepare pleadings and complaints against the insurance company, conduct discoveries and depositions, file motions and more.
All the work and all of the services your lawyer provides to you all culminates to do one thing: represent you. Everything your lawyer does for you is done to represent your interests and help you navigate your injury suit. They file paperwork, collect information and negotiate with the defense all on your behalf with the goal of reaching the case outcome you desire. A good personal injury lawyer will be ready to represent you in any capacity throughout your case, even if it means taking your fight to court in the form of a jury trial. Hire a St. Louis personal injury law firm like Burger Law, whose attorneys have ample experience winning personal injury trials.
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Burger Law's Missouri personal injury law firm based in St. Louis has a team of gifted litigators and trial lawyers with more than 70 years of combined experience practicing law and protecting the vulnerable and injured. We will fight to get you maximum compensation in any injury claim in Missouri, including the case types listed here. Click for more information.
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Our experienced personal injury attorneys in St. Louis, MO serving all of Missouri and Illinois have the knowledge, resources and background to demand compensation from the insurance companies and hold the negligent responsible for causing you harm. In addition to hiring an accomplished personal injury lawyer to represent you in your claim, it makes for a better experience for you if you are educated on the claim process and your options. In addition to our expensive library of answers to frequently asked questions and videos addressing common questions and topics, we offer a number of other blog posts and resources to help you in your personal injury suit. Check out additional personal injury information below.
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