Automobile Injury Attorney O'Fallon, IL
O'Fallon, IL Personal Injury Lawyers
Call 866-382-4167 for a Free Consultation | O'Fallon, IL Automobile Injury Attorney
Automobile injury attorney in O'Fallon, IL. The effects of an auto accident injury are immediate and severe. If you were injured in a O'Fallon, IL auto accident, you need an automobile injury attorney who will get you the full compensation you need to be made whole again. At Halvorsen Klote, we fight for those injured by the negligence of another when they need it the most. Insurance adjusters can seem heartless, but with a knowledgeable attorney by your side, you will get the justice and financial recovery you are rightfully entitled to. We serve the vulnerable in O'Fallon, IL, the Greater St. Louis area and Southern Illinois. You owe us no fees until you get the compensation you deserve. Call a Halvorsen Klote automobile injury attorney in O'Fallon, IL now at 866-382-4167 or reach out to us online for a free case review.
We've gotten great results for our O'Fallon, IL clients in a variety of auto accident claims, including:
O'Fallon, IL Automobile Injury Attorney: Frequently Asked Questions
Most of our clients have never had to make an injury claim before, and understandably have a lot of questions as to the process and what to expect. Below are some of the questions we get most frequently:
How Do I Know if I Have a Valid Claim?
In order to have a realistic chance of being compensated, your injury needs to create some form of economic damages, for instance urgent care bills or lost wages, and accident had to be caused or contributed to by somebody else. If you suffered some bumps and bruises, but you never sought medical treatment, it would be difficult for you to make a personal injury claim. If you were the negligence party, you cannot file a claim against someone else's insurance.
Never assume that you don't have a case without speaking to an attorney first. Halvorsen Klote's O'Fallon, IL automobile injury attorneys offer free case evaluations for people who were injured and aren't sure if they have a case.
Do I Need to Hire a Lawyer for an Automobile Injury?
Usually, yes, but not all the time. If there's no dispute about who the at-fault driver was and you didn't need much medical treatment — say, one emergency room visit — send detailed records to the insurance company, and ask for some extra money for the hassle. With milder injuries where fault is not in dispute, it's unlikely an automobile injury attorney will be able to get you significantly more money.
But, with more significant injuries that result in months of physical therapy or chiropractic appointments and result in lost wages, the insurance company is going to do whatever they can to pay you as little as possible. If the insurance company is not willing to compensate you fairly, or is saying your injuries were pre-existing, then you absolutely need a lawyer. Insurance adjusters have a lot of experience minimizing payouts; personal injury lawyers know how to get maximum compensation.
There are things besides significant injuries that require an attorney, such as if the negligent driver refuses to be held accountable, or if your injuries occurred in a multi-vehicle accident, almost always require the assistance of an automobile injury attorney.
How Much Are My Automobile Injury Worth in O'Fallon, IL?
The damages you recover after an automobile injury are meant to reimburse you for the economic, physical and emotional toll your injuries cause. With a talented O'Fallon, IL automobile injury attorney, you can be reimbursed for:
- Medical bills
- Lost wages from time spent recovering
- Lost earning potential if you can no longer work
- Other related expenses, such as hiring transportation to and from medical appointments
- 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 money you get for your automobile injuries is mostly based on the severity of your injuries.
How Are Noneconomic Damages Calculated?
The dollar amount a plaintiff receives for noneconomic damages is determined through one of two methods:
- The Multiplier Method — With this approach, we multiply the total of your medical bills, lost wages and out-of-pocket expenses by a number 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 O'Fallon, IL automobile injury attorney assigns a dollar amount to a single day of suffering, and multiplies that by the number of days you suffered. So, with the above example, say your lawyer assigned $200 a day to your injuries:
For example, you suffered a whiplash injury, leading to $15,000 in economic damages, and which caused you to have physical discomfort for four months, and inconvenienced you because you had to wear a neck brace for a week. Your noneconomic damages might be assigned a multiplier of three. So:
$15,000 in medical bills and lost wages × 3 for a pain and suffering multiplier = a $45,000 financial recovery
$200 × 121 days (four months) = $24,200 in noneconomic damages (in addition to your economic damages)
Your attorney will know the best way to calculate your noneconomic damages for your unique case.
Will I Still Get Reimbursement if My Medical Insurance Covers My Medical Bills?
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, your medical insurance company will place a medical lien on your settlement. That allows them to collect the money that paid for your injuries from your compensation.
The law allows a variety of avenues to reduce medical liens. A talented O'Fallon, IL automobile injury attorney will be able to work with your insurance company and healthcare providers to reduce those liens and put as much money as possible in your pocket.
What If My Damages Exceed the Policy Limits?
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 a policy with higher limits, there is still no guarantee that there's enough to cover all of your damages. If that happens, we have a couple options. First, your O'Fallon, IL 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, your attorney can find out if there are other liable parties.
Who Else Could Be Liable for My Auto Accident Injuries in O'Fallon, IL?
In most cases, the other driver is the only personal responsible for your injuries. However, there are other people and entities that may have contributed to your accident:
- An car manufacturer may have negligently designed, manufactured, or tested a car component, leading to a product liability claim
- If you were injured in a truck accident, the trucking company may have failed to maintain a truck, or may have required their driver to drive more hours than allowed
- A mechanic may have improperly repaired an automobile, which caused the crash
- A licensed alcohol vendor if they served alcohol to a drunk driver that caused your crash
- A government body responsible for designing and maintaining the safety of roads
- A construction company if the accident was caused by an unsafe construction site
What if The Insurance Company is Saying the Accident is My Fault?
An insurance adjuster may try to blame you for your accident in order to avoid paying you. Having strong evidence, in addition to having an automobile injury attorney experienced in fighting back against insurance companies, will help prove you're not at-fault.
In some car accidents, both drivers really are each partially liable. Both Missouri Revised Statute §537.765 and 735 ILCS 5/2-1116 allow for what's called "comparative negligence." Meaning, each party pays for the percentage of fault they bear for the accident. In Illinois, you cannot make any recovery if you were more than half liable.
What if I Was Injured as a Passenger?
If you were injured in a car that somebody else was driving, you would still file a claim against the at-fault driver, even if that person is a friend or family member in O'Fallon, IL. 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 My Claim Go to Trial?
It's very unlikely that you'll be required to go to court for your automobile injuries. The Bureau of Justice Statistics reports that less than five percent of tort claims go to 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 claim is different, and the more complicated a case, usually the longer it takes. A personal injury claim can last anywhere from a month to several years before it results in fair compensation. Many insurance adjusters immediately agree to a settlement demand letter once they've learned that there's an attorney on the case. Other times, a fair settlement is only offered right before trial begins, or the liability and insurance coverage elements are so complex that they require considerable investigation and expert testimony.
Most cases are settled from anywhere between a few months to a year. While we'd obviously like to resolve your claim soon, it's always the best idea to wait to agree to a settlement until it's the best possible financial recovery you deserve. This is your only chance to receive compensation.
Is It Expensive to Hire an Automobile Injury Attorney?
Halvorsen Klote's O'Fallon, IL automobile injury attorney work on a contingency fee basis. That means we we get a portion of your final payout, and there are no upfront costs. If we don't win, you don't owe us anything, so there's no financial risk involved in hiring our services.
We don't believe that money should be an obstacle for people who just want to be fairly compensated for their injuries.
To learn more about the claims process, have a look at our other FAQs, go to our legal resources page or request a free consultation.
Other injury claims we take on in O'Fallon, IL 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 O'Fallon, IL Today
We founded our practice on the idea that an injury victim deserves the same standard of legal advocacy that large insurance companies have. Injuries are always unexpected and can leave you with a profound sense of uncertainty. But we will be by your side every step of the way. We fight back against insurance companies every day and know how to get our O'Fallon, IL clients the best possible results. We pride ourselves on our client communication, and handle the entire legal process so you and your O'Fallon, IL family can focus on healing. Call a Halvorsen Klote automobile injury attorney in O'Fallon, IL now at 866-382-4167 or reach out to us through our website for a complimentary case evaluation.
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.
