Injury Claim Lawyer Cape Girardeau, MO
Cape Girardeau, MO Personal Injury Attorneys
Call 866-382-4167 for a Free Consultation | Cape Girardeau, MO Injury Claim Lawyer
Injury Claim Lawyer in Cape Girardeau, MO. No one anticipates being injured, but when they are it creates unforeseen and severe financial, physical and emotional burdens. It's normal to be angry when your injuries result from someone else's negligence. Missouri and Illinois law supply an avenue for injured victims to collect a financial recovery for their damages by means of personal injury claims. In most cases, you'll need the aid of an injury claim lawyer in Cape Girardeau, MO to get the most value for your claim. At Halvorsen Klote, we have dedicated our lives to offering the injured and vulnerable in Missouri and Southern Illinois the highest level of legal representation that matches and eclipses that of large insurance companies. If you were injured through no fault of your own, call us today at 866-382-4167 or contact us online for a free case review.
Common Causes of Personal Injury Claims | Cape Girardeau, MO Injury Claim Lawyer
Personal injury claims are legal claims seeking restitution for injuries caused by someone else's inattentive, reckless, or intentional actions. While determining who is liable depends on the specific circumstances of your injury, most cases will be decided by law governing one of a number of common accident types. Some of the most common claims our injury claim lawyer team helps the injured with in Cape Girardeau, 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 the cause of your injuries, trust your Halvorsen Klote injury claim lawyer in Cape Girardeau, MO to get you the best possible financial recovery. To take the first step in recovering restitution for your injuries, get in touch with us right away so we can start working on your claim.
Determining If You Have an Injury Claim | Cape Girardeau, MO Injury Claim Lawyer
Not all injuries and accidents are cause for an injury or accident claim; you must show that someone else is liable for your damages. In order for your injury claim lawyer to win your case, they must how the other party's action or inaction constitutes the five elements of negligence:
- Duty of Care: Demonstrating a duty of care is predominant your claim. You must demonstrate that the defendant had an obligation to keep you safe. This is automatic in auto accident claims, as both Missouri and Illinois have stipulated that motorists owe everyone else on the road a duty of care. Other associations, such as between a doctor and patient or a property owner and visitor, have pre-designated duties of care.
- Breach of Duty: The second step, you have to show that the person who owed you a duty of care behaved in a way that was unreasonable or committed an act that was against the law.
- Cause in Fact: The third step is showing that were it not for the defendant's actions or inaction, you would not have sustained any injuries. So, if a driver had not been distracted, or a doctor had diagnosed you correctly, 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. If a driver ran a red light because their breaks weren't working, then the duty of care may have been breached by a manufacturer or mechanic, not by the driver.
- Damages: The last thing you need to demonstrate is that you sustained damages. In a personal injury claim, that means you have to provide documentation of your injuries. If you're in a slip and fall and only sustain a minor bruise that goes away after a couple days, you probably do not have a claim because you did not receive any actual damages.
Every Cape Girardeau, MO injury claim lawyer at Halvorsen Klote knows how to take on, prove, and get great results in every type of personal injury claim. If don't know whether or not your injuries can be attributed to someone else's negligence, contact an injury claim lawyer as soon as possible. Our case reviews are free, so they're no-risk, no-obligation.
Frequently Asked Questions | Cape Girardeau, MO Injury Claim Lawyer
The majority of our Cape Girardeau, MO clients have never had to make an injury claim before and are anxious about the process and how it works. Read on below for some FAQs from your Halvorsen Klote injury claim lawyer in Cape Girardeau, MO:
How Much Is My Injury Claim Worth?
That will vary depending on the particulars of your accident, the seriousness of your injuries and the talent and dedication of your Cape Girardeau, MO injury claim lawyer. With our assistance you can recover a financial restitution for:
- Property damage, for example damage to your car
- Lost wages from time spent recovering
- Decreased earning capacity if your injuries result in disability
- Medical bills, for example:
- Emergency room visits
- Subsequent doctors' visits
- Assistive devices such as wheelchairs
- Pain and suffering
- Mental anguish
Your Cape Girardeau, MO injury claim lawyer at Halvorsen Klote knows how to correctly value claims and deliver you the full compensation you are owed.
How Long Do I Have to File a Personal Injury Claim?
Both states offer rare exceptions for age or disability, but it is vital to get in touch with an injury claim lawyer in Cape Girardeau, MO as soon as you can after an injury to avoid bringing difficulties to your case.
What Is The Burden of Proof in Personal Injury Claims?
The phrase "beyond a reasonable doubt" is ubiquitous in American culture. 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 the pertinent burden of proof is a preponderance of the evidence. That means that a jury or insurance adjuster must find only that the claim is more likely than not to be true.
That means that if a drunk driver gets out of their criminal case because of errors in a police reports, you can still hold them liable in a civil court.
If your injury claim lawyer is helping you seek punitive damages, you must provide clear and convincing evidence, which is a higher standard than preponderance of the evidence but lower than beyond a reasonable doubt.
How Long Does an Injury Claim Take?
Again, that can vary based on the specifics of your injury. The Bureau of Justice Statistics reports that nearly all tort cases are settled in negotiations. If the parties settle, you can receive compensation within a few months, while a case that goes to trial in Cape Girardeau, MO can take up to two years. If your injuries do not cause permanent disability, it might be best to wait until you've reached maximum medical improvement so you know the full extent of your medical expenses.
What's the Timeline for a Personal Injury Claim?
usually, after you've been injured by somebody else's negligent behavior in Cape Girardeau, MO, you can expect the process to proceed as follows:
- You get medical treatment (and keep with it until you have completely recovered).
- You speak to an injury claim lawyer.
- The attorney carries out an investigation into your claim and acquires evidence, such as police reports and medical records.
- Your injury claim lawyer makes an official settlement demand letter.
- If the the insurance company refuses to pay the settlement demand, your injury claim lawyer may decide to negotiate or may go directly to filing a lawsuit.
- Your lawyer enters the discovery phase, where they gather more evidence and obtain expert testimony.
- Your injury claim lawyer and the the other party negotiate in front of an impartial intermediary in mediation.
- We take your case in front of a judge and jury if the insurance company will not be fair in negotiations.
Can I Still Receive 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 diminished by the portion of fault you share. So if a jury awards you $100,000 but determines you were 30 percent at fault, you will only recover $70,000. Illinois is similar, but is a "modified comparative negligence" state, which means you can only receive compensation if you are less than 50 percent to blame.
How Much Does It Cost to Hire an Injury Claim Lawyer? | Cape Girardeau, MO Injury Claim Lawyer
It's possible you are worried about whether or not you can afford legal representation in Cape Girardeau, MO because you're already paying for medical expenses and might not be able to work at the moment because of your injuries. The great thing about enlisting the services of an injury claim lawyer at Halvorsen Klote is, as opposed to other attorneys in Cape Girardeau, MO, we work on a contingency fee basis. That means three things:
- We charge no upfront fees. Because we don't get an hourly rate, we take a portion of the financial recovery you receive — only after you get paid.
- You owe us nothing if we do not win your case. A Halvorsen Klote injury claim lawyer only earns a living by employing their skill and determination to achieve a successful resolution in your case.
- We won't take on your case unless we genuinely believe we will be able to significantly increase your final recovery . We shoulder the risk of using our resources for you, and we won't make promises we can't keep or mislead you.
No matter what your present financial circumstances may be, a Halvorsen Klote injury claim lawyer in Cape Girardeau, MO will take on your case and fight with all of our resources to see you get the great results you are owed.
Check out the following links to find out what other services we offer in Cape Girardeau, MO:
- Motorcycle Accidents Attorney
- Lawyer for Bicycle Accident
- Pedestrian Accident Lawyer
- Drunk Driving Accident Lawyers
- Auto Crash Attorney
- Truck Crash Lawyers
Call HK Law Today
Cape Girardeau, 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 Cape Girardeau, MO, we start working on your claim right away and stay in communication with you until we secure a successful resolution. We make sure you understand your claim and the law so you can do what's best for you and your Cape Girardeau, MO family. Call an injury claim lawyer in Cape Girardeau, MO today at 866-382-4167 or contact us online.