O’Fallon, MO

Injury Claim Lawyer O'Fallon, MO

O'Fallon, MO Personal Injury Attorneys

Call 866-382-4167 for a Free Case Review | O'Fallon, MO Injury Claim Lawyer

Injury Claim Lawyer in O'Fallon, MO. Injuries can happen to anyone almost anytime, creating sudden and severe financial, physical and emotional hardships. It can be infuriating when your injuries result from someone else's negligent action or inaction. Missouri and Illinois law supply an avenue for injured victims to receive compensation for their damages by way of personal injury claims. Most of the time, you'll need the assistance of an injury claim lawyer in O'Fallon, MO to get the most value for your claim. At Halvorsen Klote, we have pledged our careers 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 through no fault of your own, call us today at 866-382-4167 or contact us online for a free consultation.

Injury Claims Lawyer O'Fallon, MO | Auto Accident Law Firm | Personal Injury Attorneys Near O'Fallon

Top Causes of Personal Injury Claims | O'Fallon, MO Injury Claim Lawyer

Personal injury claims refer to the process one goes through to seek restitution for injuries caused by someone else's inattentive, reckless, or willful behavior. While each accident and each injury claim is different, most cases fall into one of several common accident types. Some of the most common claims our injury claim lawyer team helps the injured with in O'Fallon, MO are:

Whatever the cause of your injuries, trust your Halvorsen Klote injury claim lawyer in O'Fallon, MO to know how maximize the value of your claim. If you've been hurt because of another person's negligence, get in touch with us as soon as possible so we can start working on your claim.

Determining If You Have an Injury Claim | O'Fallon, MO Injury Claim Lawyer

You cannot receive compensation for every injury; you must show that another party is to blame for your damages. In order for your injury claim lawyer to win your case, they must prove the five elements of negligence:

  1. Duty of Care: Demonstrating a duty of care is predominant a personal injury claim. You must demonstrate that the defendant had a duty to your safety. 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 relationships, such as between a doctor and patient or a property owner and patron, have defined duties of care.
  2. Breach of Duty: Next, you must demonstrate that the person who had a duty to your safety did not act as a reasonable person would or as the law dictates.
  3. Cause in Fact: The third step is showing that were it not for the defendant's actions or inaction, you would not have been injured. Meaning, if a driver had not run a red light, or a defective product had been recalled, you would not have been injured.
  4. Proximate Cause: This relates to whether the cause in fact was really the the other party's fault. A doctor may not be held liable if they followed standard procedures, even if they missed a diagnosis.
  5. Damages: The last thing you need to demonstrate is that you sustained damages. In a personal injury claim, that means you were injured. If you were sideswiped and the only consequence was minor cosmetic damage to your vehicle, you probably do not have a claim because you did not sustain any real damages.

Every O'Fallon, MO injury claim lawyer at Halvorsen Klote knows how to prove the five elements of negligence and get you the full financial recovery you deserve. If don't know whether or not your injuries can be attributed to someone else's negligence, call an injury claim lawyer as soon as possible. Our case reviews are free, so they're no-risk, no-obligation.

Injury Claims Lawyer O'Fallon, MO | Auto Accident Law Firm | Personal Injury Attorneys Near O'Fallon

Frequently Asked Questions | O'Fallon, MO Injury Claim Lawyer

The majority of our O'Fallon, MO clients have never had to make an injury claim before and are unsure about what the whole process entails. Below are some of the most frequently asked questions our injury claim lawyer team receives in O'Fallon, MO:

How Much Is My Injury Claim Worth?

That depends on the specifics of your injury, the scope of your damages and the experience and knowledge of your O'Fallon, MO injury claim lawyer. With our help you can secure a financial restitution for:

  • Property damage, for example damage to your vehicle
  • Wage loss if your injury prevented you from being able to fulfill the functions of your job
  • Diminished earning capacity if your injuries have permanent effects on your ability to complete tasks at your place of work
  • Medical bills, for instance:
    • Emergency room visits
    • Follow up visits
    • Assistive devices such as wheelchairs
    • Medications
    • Surgeries
  • Pain and suffering
  • Mental distress

Your O'Fallon, MO injury claim lawyer at Halvorsen Klote knows how to fully value claims and get you the great compensation you deserve.

What's the Time Limit to File a Personal Injury Claim?

In Missouri, you typically have five years after the date you suffered your injury to file a claim, while you have only two years in Illinois.

There are some important exceptions in each state, but it is essential to contact an injury claim lawyer in O'Fallon, MO right away 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 must abide by in criminal cases so that there is no chance that an innocent person is sent to prison. Personal injury claims are settled and tried in civil court, and the the applicable burden of proof is a preponderance of the evidence. That means that a fact-finder — whoever makes the final decision in your case — must find only that there is a more than than 50 percent chance that the claim is true.

So, if a drunk driver evades a criminal conviction because of errors in police work, you can still hold them responsible in a civil claim.

If your injury claim lawyer is helping you seek punitive damages, you must provide 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 can vary based on the individual circumstances of your injury. The Bureau of Justice Statistics reports that almost all tort lawsuits are settled before they go to trial. A settlement may only take a few months, while you might have to wait for up to two years if a case in O'Fallon, MO goes to court. If your injuries do not have a permanent impact on your life, your injury claim lawyer may advise waiting until you've reached maximum medical improvement so you know the full value of all of your medical bills.

How do Personal Injury Claims Work?

Typically, following an injury caused by somebody else's careless actions in O'Fallon, MO, the order of events is as follows:

  • You get medical care (and keep with it until you have fully recovered).
  • You discuss your injuries with an injury claim lawyer.
  • The attorney investigates your case and obtains evidence, such as police reports and medical records.
  • Your injury claim lawyer sends a formal settlement demand letter.
  • If the the insurance company refuses to pay the settlement demand, your injury claim lawyer will decide if the best idea is to try to negotiate or file a lawsuit.
  • Your lawyer enters the discovery phase, where they gather more evidence and obtain expert opinions.
  • Your injury claim lawyer and the the other party negotiate in front of an impartial party in mediation.
  • We take your case to trial 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 called a "pure comparative negligence" state, which means your financial recovery will be reduced by the percent of blame you bear for the accident. Meaning, if a jury decides your damages add up to $100,000 but decides you were 30 percent responsible, 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 50 percent responsible.

How Much Does it Cost to Hire an Injury Claim Lawyer? | O'Fallon, MO Injury Claim Lawyer

It's possible you are worried about whether or not you can afford legal representation in O'Fallon, MO because you're already paying for medical expenses and might not be able to work at the moment because of your injuries. A benefit of hiring an injury claim lawyer at Halvorsen Klote is, as opposed to criminal defense attorneys in O'Fallon, MO, we charge a contingency fee. There are three main benefits to that:

  1. There are no upfront costs. Instead of getting an hourly amount, we take a percentage of the financial recovery you are awarded — not before you get paid.
  2. You owe us nothing if we do not secure a successful resolution for your claim. A Halvorsen Klote injury claim lawyer only earns a living by implementing their skill and determination to reach a successful resolution in your case.
  3. We won't take on your case unless we truly believe we will be able to add substantially more value to your claim . We take on the risk of utilizing our resources to win your case, and we'll always be straightforward with you and will never mislead you.

Regardless of what your current financial circumstances is, a Halvorsen Klote injury claim lawyer in O'Fallon, MO will take on your case and fight with all of our resources to see you get the great results you are entitled to.

Take a look at the following links to see what other services we offer in O'Fallon, MO:

Injury Claims Lawyer O'Fallon, MO | Auto Accident Law Firm | Personal Injury Attorneys Near O'Fallon

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O'Fallon, MO Injury Claim Lawyer | Halvorsen Klote

You don't have to go through the complex legal process alone. When you hire a Halvorsen Klote injury claim lawyer in O'Fallon, MO, we get started on your claim immediately and stay in 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 O'Fallon, MO family. Call an injury claim lawyer in O'Fallon, MO today at 866-382-4167 or contact us online.

Joel Halvorsen

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

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

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.