Injury Claim Lawyer Vandalia, MO
Vandalia, MO Personal Injury Attorneys
Call 866-382-4167 for a Free Case Review | Vandalia, MO Injury Claim Lawyer
Injury Claim Lawyer in Vandalia, MO. Injuries can happen to anyone almost anytime, creating unforeseen and severe economic, physical and emotional burdens. It's normal to be angry when your injuries are caused by someone else's negligence. Missouri and Illinois law supply an outlet for injured victims to get compensation for their damages through personal injury claims. Usually, you'll need the assistance of an injury claim lawyer in Vandalia, 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 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 case review.
Common Causes of Personal Injury Claims | Vandalia, MO Injury Claim Lawyer
Personal injury claims are legal claims seeking restitution for injuries caused by someone else's incautious, reckless, or deliberate behavior. While each accident and each injury claim is unique, most cases will be decided by law governing one of several common categories. Some of the most frequent cases our injury claim lawyer team takes on in Vandalia, 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 you sustained your injuries, your Halvorsen Klote injury claim lawyer in Vandalia, MO has seen it before. In order to get the best results for your claim, reach out to us as soon as possible so we can get started on your claim.
Determining If You Have an Injury Claim | Vandalia, 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 case to be successful, your injury claim lawyer must how the other party's action or inaction constitutes the five elements of negligence:
- Duty of Care: Establishing a duty of care is a requirement to winning a personal injury claim. You must substantiate that the defendant had a responsibility to your safety. If you were injured in an auto accident, the other driver automatically had a responsibility, as both Missouri and Illinois have established that drivers owe other drivers, passengers, bicyclists and pedestrians a duty of care. Other relationships, such as between a doctor and patient or a property owner and patron, have predetermined duties of care.
- Breach of Duty: Next, you must demonstrate that the person who owed you a duty of care did not act as a reasonable person would or as the law stipulated.
- Cause in Fact: Following that, you must demonstrate that if the other party had acted differently, you would not have suffered any injuries. Meaning, 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 property owner had no way of knowing of a hazardous condition they may not be liable.
- Damages: The last thing you need to prove is that you suffered damages. In a personal injury claim, that means you were injured. If you're in a slip and fall and only suffer a minor bruise that goes away after a couple days, you likely do not have a claim because you did not incur any real injury.
Every Vandalia, 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 you're unsure if another party bears responsibility for your damages, it's best to consult with an injury claim lawyer right away. Our case reviews are free, so they're no-risk, no-obligation.
Frequently Asked Questions | Vandalia, MO Injury Claim Lawyer
Most of our Vandalia, 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 Vandalia, MO:
How Much Compensation Should I Expect to Recover?
That will vary depending on the specifics of your case, the extent of your damages and the expertise of your Vandalia, MO injury claim lawyer. We can help you secure a financial restitution for:
- Property damage, such as damage to your vehicle
- Lost wages from time spent recovering
- Reduced earning potential if your injuries result in disability
- Medical expenses, for example:
- Emergency room visits
- Follow up visits
- Assistive devices such as crutches
- Pain and suffering
- Emotional distress
Your Vandalia, MO injury claim lawyer at Halvorsen Klote knows how to properly value claims and deliver you the maximum compensation you are owed.
What's the Time Limit to File a Personal Injury Claim?
In Missouri, the time limit on most injury claims is five years, while it is two years in Illinois.
Both states offer rare exceptions for age or disability, but it is paramount to call an injury claim lawyer in Vandalia, MO immediately after an injury so that the clock does not run out.
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 observe in criminal court so that there is no chance that an innocent person is sent to prison. Personal injury claims are civil cases, and the burden of proof is called a preponderance of the evidence. Under that standard a jury or insurance adjuster must find only that the claim is more likely than not to be true.
So, if a drunk driver gets out of their criminal case because of errors in a police reports, you can still hold them responsible in a civil case.
If you and your injury claim lawyer choose to 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 probably true.
How Long Does an Injury Claim Take?
Again, that depends on the particulars of your claim. The Bureau of Justice Statistics found that the vast majority of tort claims are settled before they ever get in front of a judge and jury. If the parties settle, you can receive compensation within a few months, while a case that goes to trial in Vandalia, MO can take up to two years. If your injuries do not have lifelong consequences, your injury claim lawyer may recommend waiting until you've reached maximum medical improvement so you know the full extent of your medical costs.
What's the Process of a Personal Injury Claim?
Typically, following an injury caused by another person's reckless behavior in Vandalia, MO, the order of events is as follows:
- You receive medical care (and keep with it until you have completely recovered).
- You consult with an injury claim lawyer.
- The lawyer investigates your claim and obtains evidence, including police reports and medical records.
- Your injury claim lawyer sends an official settlement demand letter.
- If the settlement demand is denied, your injury claim lawyer may choose to negotiate or may go directly to filing a lawsuit.
- The discovery phase starts, wherein your attorney obtains more evidence and acquires expert testimony.
- Your injury claim lawyer and the insurance company enter negotiations before an impartial intermediary in mediation.
- We take your case to trial if we cannot get you a fair settlement offer in negotiations.
Can I Still Recover Compensation if I Was Partially Liable?
Yes. Missouri is what is called a "pure comparative negligence" state, which means your financial recovery will be deducted by the percent of responsibility you share. So if a jury decides your damages come to $100,000 but establishes you were 30 percent at fault, you will only collect $70,000. Illinois is called a "modified comparative negligence" state, which means you will not receive a financial recovery if you are over half at fault.
How Much Do Injury Claim Lawyers Charge? | Vandalia, MO Injury Claim Lawyer
You may be apprehensive about employing the services of a lawyer in Vandalia, MO because you're already paying for medical expenses and might not be able to work at the moment because of your injuries. An advantage to enlisting the services of an injury claim lawyer at Halvorsen Klote is, as opposed to criminal defense attorneys in Vandalia, MO, we work on a contingency fee basis. There are three main benefits to that:
- There are no upfront costs. Because we don't get an hourly amount, we take a portion of the compensation you receive — only after we win or settle your claim.
- You owe us nothing if we do not win your case. A Halvorsen Klote injury claim lawyer only gets paid by using their skill and determination to achieve a successful resolution in your case.
- We only take cases on when 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 won't make promises we can't keep or mislead you.
Regardless of what your current economic status may be, a Halvorsen Klote injury claim lawyer in Vandalia, MO will be by your side and fight on your behalf to get you the great results you deserve.
Check out the these links to discover what other services we offer in Vandalia, MO:
- What to Do After a Car Accident
- Premises Liability Attorneys
- Automobile Injury Attorney
- Motorcycle Accidents Attorney
- Lawyer for Bicycle Accident
- Pedestrian Accident Lawyer
- Drunk Driving Accident Lawyers
- Auto Crash Attorney
- Truck Crash Lawyers
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Vandalia, 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 Vandalia, MO, we get started on your claim immediately and maintain an open and consistent line of communication with you throughout the entire process. We give you all the information you need to do what's best for you and your Vandalia, MO family. Call an injury claim lawyer in Vandalia, MO today at 866-382-4167 or contact us online.
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.
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.