Automobile Injury Attorney Winfield, MO
Winfield, MO Personal Injury Lawyers
Call 866-382-4167 for a Free Consultation | Winfield, MO Automobile Injury Attorney
Automobile injury attorney in Winfield, MO. The effects of an auto accident injury are immediate and severe. If a negligent driver in Winfield, MO injured you, you require an automobile injury attorney who will fight to bring you justice and a fair financial recovery. At Halvorsen Klote, we stand by those injured by the negligence of another when they need help the most. Insurance adjusters may try to cheat, but with the help of a knowledgeable attorney, they will not be able to keep you from the maximum financial recovery you deserve. We provide outstanding legal advocacy to the vulnerable in Winfield, MO, the Greater St. Louis area and Southern Illinois. You don't pay until you get the compensation you deserve. Speak to a Halvorsen Klote automobile injury attorney in Winfield, MO today at 866-382-4167 or reach out to us through our website for a free consultation.
We've gotten great results for our Winfield, MO clients in a variety of auto accident claims, including:
Winfield, 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 a lot of questions as to the process and what the experience will be like. Some of the most commonly asked questions we get are:
Do I Even Have Auto Accident Claim?
In order to have a realistic chance of winning, your injury needs to create some form of economic damages, such as emergency room bills or time spent off work recovering, and accident had to be caused or contributed to by somebody else. If you your back hurt for a few days after the accident, but you never sought medical treatment, it's unrealistic to expect an insurance company to compensate you. If the accident was largely your fault, you may not have a case either.
The good news is you don't have to make that decision alone. Halvorsen Klote's Winfield, MO automobile injury attorneys are more than happy to discuss the validity of your claim for free.
Is it Worth it to Get 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 — say, one appointment with your doctor — send detailed records to the insurance company, and see if you can get some extra money for inconvenience. In those types of situations, it's unlikely an automobile injury attorney will be able to get you significantly more money.
But, with more significant injuries that result in several physical therapy or chiropractic appointments and result in lost wages, the insurance company is not going to willingly pay for all the ways the injury has affected your life. 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 other side denies liability, or if your injuries occurred in a multi-vehicle accident, almost always require the assistance of an automobile injury attorney.
What Compensation Can I Recover For My Winfield, MO Automobile Injuries?
The damages you are eligible for after a car accident are meant to compensate you for the economic, physical and emotional consequences of your injuries. With a skilled Winfield, MO automobile injury attorney, you'll get a financial recovery for:
- Medical bills
- Lost wages from time spent recovering
- Lost earning capacity if your injuries result in permanent disability
- Miscellaneous expenses, such as hiring a nanny or take care to look after your kids
- Noneconomic damages like pain and suffering, or loss of consortium if your spousal relationship is negatively impacted by your injuries
How much compensation you receive in your car accident settlement depends largely 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 approach, your economic damages will be multiplied by a number, typically between 1.5 and 5, using higher numbers for more significant injuries.
- The Per Diem Method — "Per Diem" translates from Latin to "per day." Implementing this method, your Winfield, 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, using the same whiplash injury example, say your lawyer assigned $200 a day to your injuries:
For example, the negligent driver caused a whiplash injury, leading to $15,000 in medical expenses and lost wages, and which led to neck pain for four months, and further disrupted you because it forced you to wear a neck brace for a short period. 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 use the method that applies best to your individual case.
Will I Still Get Compensation if My Medical Insurance Covers 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, your medical insurance company will place a medical lien on your claim. 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 knowledgeable Winfield, MO automobile injury attorney will know best how to reduce those liens and make sure as little is taken out of your compensation as possible.
What If the Insurance Coverage is Limited?
Missouri and Illinois have nearly identical minimum auto insurance requirements:
- $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 at-fault driver may have more coverage, there is still no guarantee that there's enough to compensate you for all of your damages. That doesn't mean we can't get more compensation than the limits. First, you can use your own policy's underinsured motorist coverage. Secondly, in their investigation your attorney might uncover other liable parties who you can also make a claim against.
What Other Parties Could Be Held Accountable for My Auto Accident Injuries in Winfield, MO?
In most cases, liability is solely on the driver that caused the accident. However, there are other people and entities that may have contributed to your accident:
- An auto manufacturer may may have produced a defective vehicle component, and you can make a product liability claim
- In a truck crash, the trucking company may have failed to maintain a truck, or may have forced their driver to drive more hours than allowed
- A mechanic may have negligently worked on the car, causing a defect that contributed to the crash
- A bar or restaurant if they served alcohol to a drunk driver that caused your crash
- A local, state or federal authority responsible for designing and maintaining the safety of roads
- A construction company if a construction site was not properly secured
What if I'm Being Blamed For My Accident?
Shifting blame is a common trick insurance adjusters use to devalue your claim. Having sound evidence, as well as an automobile injury attorney used to fighting back against insurance companies, will demonstrate that you aren't liable.
If, as in some cases, you really were partially to blame for your injuries, you can still make a recovery. Both Missouri Revised Statute §537.765 and 735 ILCS 5/2-1116 followed the legal doctrine of "comparative fault." Meaning, each party pays for the percentage of fault they bear for the accident. In Illinois, you cannot make any recovery if it is determined that you were more than 50 percent to blame.
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 it's someone you know. While your friend's or family member's insurance premiums might go up a little, which is likely far less than your medical bills and lost wages. An automobile injury attorney can help make the process less personal.
Will I Have to Go to Court?
You probably will not be required to go attend hearings or a trial for a car accident claim. The Bureau of Justice Statistics issued a study in 2005 that found that less than five percent of tort claims go to trial.
Depositions and mediations are common formal procedures in automobile injury claims, but your automobile injury attorney will make sure you're adequately prepared and will do most of the work themselves.
How Long Will I Have to Wait Until I'm Compensated?
Each claim is different, and the more complicated a case, usually the longer it takes. A personal injury claim can take anywhere from a month to three or four 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. 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 reach a conclusion within three to nine months. While while we understand that you'd like to receive your compensation soon, it's always the best idea to wait to agree to a settlement until it's the best possible financial recovery you're owed. You only have chance to receive compensation.
Is It Expensive to Hire an Automobile Injury Attorney?
Halvorsen Klote's Winfield, MO automobile injury attorney are paid through a contingency fee. That means we we get a portion of your final payout, and you don't owe us anything upfront. If we don't win, you don't pay, so there's no financial risk involved in hiring our services.
We don't believe that money should be a barrier for people who just want to be fairly compensated for their injuries.
To learn more about the claims process, check out our other FAQs, go to our legal resources page or call us at 866-382-4167.
Other injury claims we handle in Winfield, MO include:
- What to Do After a Car Accident
- Premises Liability Attorneys
- Motorcycle Accidents Attorney
- Lawyer for Bicycle Accident
- Pedestrian Accident Lawyer
- Injury Claim Lawyer
- Drunk Driving Accident Lawyers
- Auto Crash Attorney
- Truck Crash Lawyers
Hire an Automobile Injury Attorney in Winfield, MO Today
We founded our practice on the idea that everyone should have access to 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 you don't have to go through the claims process alone. We fight back against insurance companies every day and know how to get our Winfield, MO clients the best possible results. We always have open lines of communication with our clients, and handle the entire legal process so you and your Winfield, MO family can focus on healing. Call a Halvorsen Klote automobile injury attorney in Winfield, MO today at 866-382-4167 or contact us through our website for a free consultation.
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.
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.