Injury Claim Lawyer Oakland, MO
Oakland, MO Personal Injury Attorneys
Call 866-382-4167 for a Free Consultation | Oakland, MO Injury Claim Lawyer
Injury Claim Lawyer in Oakland, MO. No one anticipates being injured, but when they are it creates sudden and devastating economic, physical and emotional afflictions. It's normal to be angry when your injuries are the consequence of someone else's negligence. Missouri and Illinois law offers an outlet for injured victims to collect a financial recovery for their injuries through personal injury claims. In most cases, you'll need the aid of an injury claim lawyer in Oakland, MO to get the most value for your claim. At Halvorsen Klote, we have dedicated our lives to getting clients in Missouri and Southern Illinois great compensation, 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 | Oakland, MO Injury Claim Lawyer
Personal injury claims are legal claims seeking restitution for injuries caused by someone else's careless, reckless, or deliberate behavior. While determining who is liable depends on the specific facts of your cases, most cases fall into one of a number of common categories. Some of the most frequent claims our injury claim lawyer team takes on in Oakland, 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
Whatever how your injuries transpired, trust your Halvorsen Klote injury claim lawyer in Oakland, MO to know how maximize the value of your claim. In order to get the best results for your claim, contact us as soon as possible so we can get started on your claim.
Determining If You Have an Injury Claim | Oakland, MO Injury Claim Lawyer
Not all injuries and accidents are cause for an injury or accident claim; you must show that another party is responsible for your damages. In order for your case to be successful, your injury claim lawyer must prove the five elements of negligence:
- Duty of Care: Confirming a duty of care is the first step in a personal injury claim. You must demonstrate that the defendant had a responsibility to your safety. This is a given in auto accident claims, as both Missouri and Illinois have established that motorists owe others a duty of care. Other relationships, such as between a doctor and patient or a property owner and customer, have legally defined duties of care.
- Breach of Duty: After establishing a breach of duty, you must demonstrate 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, your injuries would not have occurred. For instance, if a driver had not been distracted, 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 refers to whether or not the defendant can be held accountable for the cause in fact. A doctor may not be held responsible if they followed standard procedures, even if they missed a diagnosis.
- Damages: The last thing you need to demonstrate is that you sustained damages. In a personal injury case, 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 sustain any actual injury.
Every Oakland, MO injury claim lawyer at Halvorsen Klote knows how to demonstrate the five elements of negligence and get you the maximum compensation you are owed. If don't know whether or not your injuries can be attributed to someone else's negligence, 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 reason not to call us to discuss your claim.
Frequently Asked Questions | Oakland, MO Injury Claim Lawyer
When we take on a new case in Oakland, MO, it's usually somebody who has never gone through an injury claim and is naturally unsure about what the whole process entails. Read on below for some FAQs from your Halvorsen Klote injury claim lawyer in Oakland, MO:
How Much Is My Injury Claim Worth?
That depends on the individual circumstances of your case, the seriousness of your injuries and the skill of your Oakland, MO injury claim lawyer. We can help you be awarded a financial restitution for:
- Property damage, for instance damage to your car
- Lost wages if your injury prevented you from being able to fulfill the functions of your job
- Reduced earning potential if your injuries result in disability
- Medical expenses, for instance:
- Emergency room visits
- Follow up visits
- Assistive devices such as modifications to your home or vehicle
- Medications
- Surgeries
- Pain and suffering
- Mental anguish
Your Oakland, MO injury claim lawyer at Halvorsen Klote knows how to fully value claims and secure you the great compensation you are entitled to.
What Is the Statute of Limitations for Personal Injury Claims?
In Missouri, you generally have five years after the date you sustained your injury to file a claim, while you have only two years in Illinois.
Both states offer rare exceptions for age or disability, but it is essential to get in touch with an injury claim lawyer in Oakland, MO immediately after an injury so that you do not bring 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 must adhere to in criminal cases so that there is no chance that an innocent person is incarcerated. Personal injury claims are civil cases, and the the pertinent burden of proof is a preponderance of the evidence. Under that standard a fact-finder — whoever makes the final decision in your case — 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 mistakes in a police reports, you can still seek compensation from them in a civil case.
If your injury claim lawyer is helping you pursue punitive damages, you must show 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 depends on the individual circumstances of your case. The Bureau of Justice Statistics found that nearly all tort suits are settled before they ever get in front of a judge and jury. A settlement may only take a few months, while a case that makes it to court in Oakland, MO can take up to two years. If your injuries do not lead to permanent disability, your injury claim lawyer may recommend waiting until you've reached maximum medical improvement so you know the full value of all of your medical bills.
What's the Timeline for a Personal Injury Claim?
usually, following an injury caused by somebody else's negligence in Oakland, MO, the order of events is as follows:
- You get medical treatment (and continue care as long as necessary).
- You discuss your claim with an injury claim lawyer.
- The attorney carries out an investigation into your claim and gathers evidence, for instance police reports and medical records.
- Your injury claim lawyer sends an official settlement demand letter.
- If the the insurance company does not agree with the settlement demand, your injury claim lawyer may choose to negotiate or may immediately file a lawsuit.
- The discovery phase begins, wherein your attorney gathers further evidence and acquires expert testimony.
- Your injury claim lawyer and the insurance company negotiate before an impartial intermediary in mediation.
- We take your case to court if negotiations do not yield a fair settlement offer.
Can I Still Receive Compensation if I Was Partially Liable?
Yes. Missouri is a "pure comparative negligence" state, which means your compensation will be reduced by the portion of responsibility you bear for your injury. So if a jury decides your damages add up to $100,000 but decides you were 30 percent at fault, you will only collect $70,000. Illinois is called a "modified comparative negligence" state, which means you can only receive a financial recovery if you are less than half to blame.
How Much Does it Cost to Hire an Injury Claim Lawyer? | Oakland, MO Injury Claim Lawyer
It's possible you are apprehensive about whether or not you can afford legal representation in Oakland, MO because the medical bills and lost wages are piling up and you're not sure you can afford an attorney. A benefit of enlisting the services of an injury claim lawyer at Halvorsen Klote is, as opposed to other lawyers in Oakland, MO, we charge a contingency fee. There are three principal advantages to that:
- We require no upfront fees. Because we don't get an hourly rate, we take a portion of the compensation you collect — 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 gets paid by utilizing their expertise to attain a successful resolution in your case.
- We only take cases on when we honestly believe we can add considerably more value to your claim . We assume the risk of employing our resources on your behalf, and we won't make promises we can't keep or mislead you.
Regardless of what your present financial situation is, a Halvorsen Klote injury claim lawyer in Oakland, MO will take on your case and fight with all of our resources to see you get the great results you deserve.
Click on the following links to see what other services we offer in Oakland, MO:
- Fatal Car Accident Lawyer
- Auto Accident Attorney
- Bike Wreck Lawyer
- What to Do After a Car Accident
- Premises Liability Attorneys
- Automobile Injury Attorney
- Motorcycle Accidents Attorney
- Lawyer for Bicycle Accident
- Pedestrian Accident Lawyer
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Oakland, MO Injury Claim Lawyer | Halvorsen Klote
You don't have to go through the complicated legal process alone. When you hire a Halvorsen Klote injury claim lawyer in Oakland, MO, we get started on your claim immediately and maintain an open and consistent line of communication with you until we secure a successful resolution. We give you all the information you need to make the best decision for you and your Oakland, MO family. Call an injury claim lawyer in Oakland, MO today at 866-382-4167 or contact us online.
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.
Samantha Orlowski
Attorney at Law
Samantha Orlowski is a practicing attorney Halvorsen Klote.
Samantha joined Halvorsen Klote in 2018 as a law clerk and has since become a practicing attorney. Sam's number one priority is to provide individualized experiences for each client to achieve the best results.