Injury Claim Lawyer Affton, MO
Affton, MO Personal Injury Attorneys
Call 866-382-4167 for a Free Case Review | Affton, MO Injury Claim Lawyer
Injury Claim Lawyer in Affton, MO. No one expects to be injured, but when they are it creates unforeseen and devastating financial, physical and emotional afflictions. It's normal to be angry when your injuries are the consequence of someone else's negligent action or inaction. Missouri and Illinois law supply an outlet for injured victims to get compensation for their damages through personal injury claims. In most cases, it can be difficult for Affton, MO residents to receive fair compensation without the aid of an injury claim lawyer. At Halvorsen Klote, we have devoted our lives to getting clients in Missouri and Southern Illinois a full financial recovery, and providing them with the same high standard of legal representation as large insurance companies. If you were injured because someone else was negligent, call us today at 866-382-4167 or contact us online for a complimentary consultation.
Top Causes of Personal Injury Claims | Affton, MO Injury Claim Lawyer
Personal injury claims refer to legal claims seeking restitution for injuries caused by someone else's careless, reckless, or purposeful actions. While each accident and each injury claim is different, most cases will be decided by law governing one of a number of common categories. Some of the most common cases our injury claim lawyer team handles in Affton, MO are:
- Auto crashes, such as
- Product liability
- Premises liability
- Slip and fall
- Nursing home abuse and neglect
- Dog bites
- Construction site accidents
- Daycare injuries
- Swimming pool accidents
No matter how your injuries occurred, your Halvorsen Klote injury claim lawyer in Affton, MO has seen it before. If you've been injured because of somebody else's negligence, reach out to us right away so we can start working on your claim.
Determining If You Have an Injury Claim | Affton, MO Injury Claim Lawyer
You cannot receive compensation for every injury; you must demonstrate that someone else is responsible for your damages. In order for your injury claim lawyer to win your case, they must prove the five elements of negligence:
- Duty of Care: Confirming a duty of care is a precondition to winning a personal injury claim. You must substantiate that the defendant had a duty to refrain from acts that could foreseeably hurt you. If you were injured in an auto accident, the other driver automatically had a responsibility, as both Missouri and Illinois have put forth that drivers owe other drivers, passengers, bicyclists and pedestrians a duty of care. Other associations, such as between a doctor and patient or a property owner and visitor, have defined duties of care.
- Breach of Duty: The second step, you have to show that the person who owed you a duty of care acted in a way that was unreasonable or committed an act that was against the law.
- Cause in Fact: The third step is showing that if the other party had acted differently, you would not have been injured. For example, if a driver had not run a red light, or a doctor had diagnosed you on time, you would not have incurred the damages for which you are making a claim.
- Proximate Cause: This relates to whether the cause in fact was really the the other party's fault. A doctor may not be held to blame if they followed standard procedures, even if they missed a diagnosis.
- Damages: The final element of negligence is that you sustained damages. In a personal injury lawsuit, that means you have to provide documentation of your injuries. If a dog nips at you and you only receive a minor cut that doesn't get infected, you probably will not be able to file a valid claim because you did not incur any actual injury.
Every Affton, MO injury claim lawyer at Halvorsen Klote knows how to demonstrate negligence and get you the maximum compensation you deserve. If don't know whether or not you have a claim, it's best to consult with an injury claim lawyer right away. We don't charge anything for evaluating your case, so there's no risk in calling us to discuss your claim.
Frequently Asked Questions | Affton, MO Injury Claim Lawyer
When we get a new case in Affton, MO, it's usually somebody who has never experienced an injury claim and is understandably anxious about what the whole process entails. Below are some of the most frequently asked questions our injury claim lawyer team receives in Affton, MO:
How Much Compensation Can I Expect to Receive?
That depends on the specifics of your accident, the significance of your injuries and the talent and drive of your Affton, MO injury claim lawyer. We can help you be awarded a financial restitution for:
- Property damage, such as damage to your car
- Lost wages for any time periods where your injury did not permit you to work
- Reduced earning potential if your injuries result in disability
- Medical expenses, like:
- Emergency room visits
- Subsequent doctors' appointments
- Assistive devices such as modifications to your home or car
- Pain and suffering
- Mental distress
Your Affton, MO injury claim lawyer at Halvorsen Klote knows how to properly value the full extent of your damages and get you the maximum compensation you are owed.
What's the Time Limit to File a Personal Injury Claim?
There are some notably exceptions in each state, but it is imperative to contact an injury claim lawyer in Affton, MO immediately after an injury to avoid bringing complications to your case.
What Is The Burden of Proof in Personal Injury Claims?
We've all heard the phrase "beyond a reasonable doubt." That's the burden of proof that juries and judges are held to in criminal court to protect innocent people from incarceration. Personal injury claims are civil cases, and the burden of proof is called a preponderance of the evidence. Pursuant to that standard a fact-finder — whoever makes the final decision in your case — must find only that there is a greater than 50 percent chance that the claim is true.
So, if a drunk driver avoids a criminal conviction because of errors in a police reports, you can still seek compensation from them in a civil court.
If your injury claim lawyer is helping you seek punitive damages, you must show clear and convincing evidence, which means that the fact finder are left with a firm belief that the claim is most likely true.
How Long Does an Injury Claim Take?
Again, that depends on the individual circumstances of your case. The Bureau of Justice Statistics found that almost all tort lawsuits are settled before they go to trial. If the parties settle, a claim can be resolved within a few months, while a case that goes to court in Affton, MO can take up to two years. If your injuries do not have lifelong consequences, it might be best to wait until you've reached maximum medical improvement so you can be compensated for your full medical expenses.
How do Personal Injury Claims Work?
Generally, following an injury caused by another person's negligent actions in Affton, MO, you can expect the process to proceed as follows:
- You receive medical attention (and keep with it until you have completely recovered).
- You consult with an injury claim lawyer.
- The attorney investigates your claim and acquires evidence, for example police reports and medical records.
- Your injury claim lawyer makes an official settlement demand letter.
- If the settlement demand is not met, your injury claim lawyer may decide to negotiate or may go directly to filing a lawsuit.
- The discovery phase starts, wherein your attorney gathers more evidence and acquires expert testimony.
- Your injury claim lawyer and the the other party enter negotiations in front of an impartial party in mediation.
- We take your case in front of a judge and jury if negotiations do not lead to a fair settlement offer.
Can I Still Get Compensation if I Was Partially to Blame?
Yes. Missouri is what is referred to a "pure comparative negligence" state, which means your compensation will be taken out by the percent of blame you bear for your injury. Meaning, if a jury decides your damages come to $100,000 but establishes you were 30 percent responsible, you will only recover $70,000. Illinois is similar, but is a "modified comparative negligence" state, which means you can only receive a financial recovery if you are less than half to blame.
How Much Do Injury Claim Lawyers Charge? | Affton, MO Injury Claim Lawyer
It's possible you are apprehensive about hiring a lawyer in Affton, MO because the medical bills and lost wages are piling up and you're not sure you can afford an attorney. An advantage to enlisting the services of an injury claim lawyer at Halvorsen Klote is, as opposed to criminal defense attorneys in Affton, MO, we charge a contingency fee. That means three things:
- We do not charge anything in advance of services. Instead of getting an hourly amount, we are paid with percentage of the compensation you are awarded — but not before we win or settle your claim.
- We charge nothing if we do not secure a successful resolution for your claim. A Halvorsen Klote injury claim lawyer only earns a living by utilizing their skill and determination to attain the best possible results.
- We won't take on your case unless we honestly believe we will be able to significantly increase your final recovery . We take on the risk of using our resources on your behalf, and we'll always be honest with you and will never mislead you.
Whatever your present economic situation is, a Halvorsen Klote injury claim lawyer in Affton, MO will take on your case and fight with all of our resources to see you get the great results you are entitled to.
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Affton, MO Injury Claim Lawyer | Halvorsen Klote
You shouldn't have to pay because someone else was negligent and injured you. When you hire a Halvorsen Klote injury claim lawyer in Affton, MO, we start investigating your claim right away and maintain an open and consistent line of communication with you throughout the entire process. We make sure you understand your claim and the law so you can make the best decision for you and your Affton, MO family. Call an injury claim lawyer in Affton, MO today at 866-382-4167 or contact us online.