Automobile Injury Attorney Herculaneum, MO
Herculaneum, MO Personal Injury Lawyers
Call 866-382-4167 for a Free Consultation | Herculaneum, MO Automobile Injury Attorney
Automobile injury attorney in Herculaneum, MO. Injuries in auto wrecks happen without warning, and the mental, physical and economic hardships they carry happen suddenly as well. If a careless driver in Herculaneum, MO injured you, you require an automobile injury attorney who will defend your rights. At Halvorsen Klote, we fight for those injured by the negligence of another when they need it the most. Insurance adjusters may try to deceive you, but with a knowledgeable attorney in your corner, you will get the justice and financial recovery you deserve. We serve the vulnerable in Herculaneum, MO, the Greater St. Louis area and Southern Illinois. You don't pay until you get the compensation you deserve. Call a Halvorsen Klote automobile injury attorney in Herculaneum, MO today at 866-382-4167 or reach out to us online for a complimentary consultation.
We've gotten great financial recoveries for our Herculaneum, MO clients in a variety of auto accident claims, including:
Herculaneum, MO Automobile Injury Attorney: Frequently Asked Questions
For most of our clients, this is their first experience with the injury claims process. They understandably have doubts and uncertainties as to how to proceed going about getting a financial recovery for their damages. Below is a list of FAQs to give you a little bit clearer picture of what to expect:
How Do I Know if I Have a Case?
In order to have a case, you have to have suffered an injury that led to some amount of financial loss, such as an appointment with your general practitioner or lost wages, and accident had to be caused or contributed to by another party. If you your back hurt for a few days after the accident, but you never sought medical treatment, you're unlikely to have a successful claim. If the accident was largely your fault, you may not have a case either.
Never assume that you don't have a case without speaking to an attorney first. Halvorsen Klote's Herculaneum, MO automobile injury attorneys offer free consultations for people who were injured and aren't sure if they're eligible for compensation.
Is it Worth it to Hire a Lawyer for an Automobile Injury?
Usually, yes, but not all the time. If the other party accepts responsibility and your medical bills are minimal — for instance, one emergency room visit — include detailed records in your letter to the insurance adjuster, and see if you can get some extra money for the hassle. With milder injuries where fault is clearly established, it's unlikely an automobile injury attorney will be able to get you significantly more money.
But, with more significant injuries that require ongoing medical treatment and don't allow you to work for a period, the insurance company is going to do whatever they can to pay you as little as possible. If the insurance company refuses to give you a fair offer, or is saying your injuries were pre-existing, then a lawyer is likely the only way you'll get what you are owed. Insurance adjusters know how to devalue claims; personal injury lawyers know how to fight back against them.
There are things besides significant injuries that require an attorney, such as if there is a dispute over liability, or if you were in a multi-vehicle accident, almost always require the assistance of an automobile injury attorney.
What Compensation Can I Recover For My Herculaneum, MO Automobile Injuries?
The damages you are eligible for after a car accident are intended to compensate you for the economic, physical and emotional toll your injuries cause. With a skilled Herculaneum, MO automobile injury attorney, you'll be compensated for:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning capacity if your injuries result in permanent disability
- Miscellaneous expenses, such as hiring household services for chores you can't do while you're injured
- Noneconomic damages like pain and suffering, or loss of consortium if your injuries prevent you from helping and giving affection to your spouse
How much compensation you receive in your car accident settlement is mostly based on the severity of your injuries.
How Are Pain and Suffering Calculated?
The dollar amount a plaintiff receives for noneconomic damages is determined through one of two methods:
- The Multiplier Method — With this method, your economic damages will be multiplied by a number, typically between 1.5 and 5, using higher numbers for more debilitating injuries.
- The Per Diem Method — "Per Diem" translates from Latin to "per day." Implementing this method, your Herculaneum, MO automobile injury attorney determines how much money a day of suffering is worth, and multiplies that by the number of days your injuries affected you. So, with the above example, say your lawyer assigned $200 a day to your injuries:
Say the negligent driver caused a whiplash injury, leading to $15,000 in medical expenses and lost wages, and which caused you to have neck pain for four months, and further disrupted you because it forced you to wear a neck brace for a week. The pain and suffering might be given a multiplier of three. So:
$15,000 in medical bills and lost wages × 3 for the noneconomic damages multiplier = a $45,000 financial recovery
$200 × 121 days (four months) = $24,200 in noneconomic damages (on top of your economic damages)
Your attorney will know the best way to calculate your noneconomic damages for your specific case.
Will I Still Get Compensation if My Medical Insurance Pays For My Medical Expenses?
Yes. The settlement or judgment is based on all of your medical expenses, regardless of whether it was paid for by insurance or out of pocket. However, insurance companies and medical providers have a right place a medical lien on your settlement. That allows them to be repaid by the liable party's insurance, just as you are being compensated.
The law allows a variety of avenues to reduce medical liens. A skilled Herculaneum, MO automobile injury attorney will know best how to reduce those liens and put as much money as possible in your pocket.
What If the Insurance Coverage is Limited?
Missouri and Illinois have very similar laws regarding minimum auto coverage:
- $25,000 minimum coverage for bodily injury per person
- $50,000 minimum coverage for bodily injury per accident
- $25,000 (Missouri)/$20,000 (Illinois) minimum coverage for property damage
While the negligent driver may have more coverage, there is still a chance with more severe injuries that your damages will exceed the policy limits. That doesn't mean we can't get more compensation than the limits. First, your Herculaneum, MO automobile injury attorney can make an underinsured motorist claim with your own insurance company, that can provide compensation for the rest of your damages. Secondly, in their investigation your attorney might uncover other liable parties who you can also make a claim against.
Who Else Could Be Liable for My Auto Accident Injuries in Herculaneum, MO?
In most cases, liability is squarely on the driver responsible for the crash. However, there are other people and entities that may have contributed to your accident:
- An car manufacturer may may have produced a defective car component, and you can make a product liability claim
- In a truck crash, there are a variety of regulations the trucking company may have violated
- A mechanic may have improperly repaired an automobile, which had a hand in the crash
- A bar or restaurant if they served alcohol to a drunk driver that caused your crash
- A government body responsible for keeping roads safe
- A construction company if the accident was caused by an unsafe construction site
What if I'm Being Blamed For My Accident?
An insurance adjuster may try to blame you for your accident in order to devalue your claim. Providing detailed evidence, in addition to having an automobile injury attorney used to fighting back against insurance companies, will help prove you're not at-fault.
In some car accidents, both drivers really are each partially to blame. Both Missouri Revised Statute §537.765 and Illinois Law followed the legal doctrine of "comparative fault." Meaning, each party pays for the percentage of fault they bear for the accident. In Illinois, your right to compensation is barred if it is determined that you were more than half to blame.
What if I Was Injured as a Passenger?
If you were injured in a car that somebody else was driving, you still seek compensation from the liable driver's insurance company, even if that person is a friend or family member in Herculaneum, MO. While they may have to pay a moderate amount more for insurance, which is likely substantially less than your economic damages. An automobile injury attorney will communicate with other side so you don't have to feel awkward.
Will I Have to Go to Court?
You probably will not be required to go to court for a car accident claim. The Bureau of Justice Statistics reports that 96 percent of tort claims are settled before trial.
You'll likely have to take a deposition and may have to attend a mediation, but your automobile injury attorney will prep you for those and handle most of the work.
How Long Will My Claim Take?
Each injury is different, and the more complicated a case, usually the longer it takes. A personal injury claim can take anywhere from six to eight weeks to several years before it results in fair compensation. Many insurance adjusters immediately agree to a settlement demand letter once they know that there's an attorney on the case. In other cases, they'll wait until the eve of trial to finally agree to what is fair, or there are complexities to the case that require substantial investigation and time put in.
Most cases are settled within three to nine months. While we'd obviously like to resolve your claim soon, it's always in your best interest to hold out for the maximum compensation you're entitled to. Once you agree to a settlement, you can never go back and ask for more money later.
Is It Expensive to Hire an Automobile Injury Attorney?
Halvorsen Klote's Herculaneum, MO automobile injury attorney receive our fees through a contingency fee. That means we take a percentage of your final compensation as our attorneys' fees, and there are no upfront costs. If we don't secure any compensation for you, you don't pay, so there's no reason to see money as an obstacle in hiring one of our lawyers.
We don't believe that money should be an obstacle for people who need quality legal representation to make a full financial recovery.
To learn more about car accident claims, check out the frequently asked questions area of our website, go to our legal resources page or contact us online.
Other injury claims we take on in Herculaneum, MO include:
- Fatal Car Accident Lawyer
- Auto Accident Attorney
- Bike Wreck Lawyer
- What to Do After a Car Accident
- Premises Liability Attorneys
- Motorcycle Accidents Attorney
- Lawyer for Bicycle Accident
- Pedestrian Accident Lawyer
- Injury Claim Lawyer
Consult With an Automobile Injury Attorney in Herculaneum, MO Today
We founded our practice on the idea that everyone deserves the same high quality legal representation as the insurance companies that are trying to keep them from the financial recovery they are owed. An injury is shocking and create fear and confusion. But you don't have to go through the claims process alone. We negotiate with insurance companies every day and know how to get our Herculaneum, MO clients the full financial recovery they deserve. We always have open lines of communication with our clients, and handle the entire legal process so you and your Herculaneum, MO family can spend your energy on healing. Speak to a Halvorsen Klote automobile injury attorney in Herculaneum, MO today at 866-382-4167 or contact us through our website for a complimentary case review.
Joel Halvorsen
Attorney at Law
Joel Halvorsen and his partner Greg Klote founded the Halvorsen Klote law firm on the principle that injured people and their families should have access to the same quality legal representation as large insurance companies.
Greg Klote
Attorney at Law
Greg Klote is a partner and founder of Halvorsen Klote.
Greg has successfully fought for people who were injured through no fault of their own. He became a lawyer to help make a difference in the lives of those who have been wronged and treated unfairly.
