Injury Claim Lawyer Winfield, MO
Winfield, MO Personal Injury Attorneys
Call 866-382-4167 for a Free Case Review | Winfield, MO Injury Claim Lawyer
Injury Claim Lawyer in Winfield, MO. Injuries can happen to anyone almost anytime, creating unforeseen and severe economic, physical and emotional hardships. It can be maddening when your injuries result from someone else's reckless action or inaction. Missouri and Illinois law allows for an avenue for injured victims to get compensation for their injuries by way of personal injury claims. Most of the time, it can be difficult for Winfield, MO residents to receive fair compensation without the aid of an injury claim lawyer. 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 complimentary case review.
Top Causes of Personal Injury Claims | Winfield, MO Injury Claim Lawyer
Personal injury claims are legal claims seeking restitution for injuries caused by someone else's careless, reckless, or deliberate actions. While determining who is liable depends on the unique circumstances of your cases, most cases will be decided by law governing one of a number of common accident types. Some of the most frequent claims our injury claim lawyer team helps the injured with in Winfield, 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 transpired, trust your Halvorsen Klote injury claim lawyer in Winfield, MO to know how maximize the value of your claim. To take the first step in recovering restitution for your injuries, get in touch with us as soon as possible so we can get started on your claim.
Determining If You Have an Injury Claim | Winfield, MO Injury Claim Lawyer
You cannot make a claim for any injury or accident; you must demonstrate that another party is responsible for your damages. In order for your injury claim lawyer to win your case, they must how the other party's action or inaction amounts to the five elements of negligence:
- Duty of Care: Establishing a duty of care is a prerequisite to winning a personal injury claim. You must substantiate that the defendant had an obligation to keep you safe. 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 relationships, such as between a doctor and patient or a property owner and customer, have pre-designated duties of care.
- Breach of Duty: Next, you have to show that the person who had an obligation to your safety did not act as a reasonable person would or as the law stipulated.
- Cause in Fact: Following that, you must demonstrate that were it not for the defendant's actions or inaction, you would not have been injured. Meaning, if a driver had not been following you too closely, or if a restaurant manager had put a "wet floor" sign up, you would not have been injured.
- Proximate Cause: This relates to whether or not the defendant can be held accountable for the cause in fact. A doctor may not be held to blame if they followed standard procedures, even if they missed a diagnosis.
- Damages: The last thing you need to prove is that you suffered damages. In a personal injury case, 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 receive any real injury.
Every Winfield, MO injury claim lawyer at Halvorsen Klote knows how to prove negligence and get you the full financial recovery you deserve. If you're unsure if you have a claim, call an injury claim lawyer as soon as you can. 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 | Winfield, MO Injury Claim Lawyer
When we get a new case in Winfield, MO, it's typically the first time our client has gone through an injury claim and is naturally uncertain about the process and how it works. The following are some of the most frequently asked questions our injury claim lawyer team receives in Winfield, MO:
How Much Compensation Should I Expect to Receive?
That depends on the specifics of your accident, the severity of your injuries and the expertise of your Winfield, MO injury claim lawyer. With our assistance you can secure compensation for:
- Property damage, for instance damage to your vehicle
- Lost wages from time spent recovering
- Reduced earning potential if your injuries result in disability
- Medical expenses, such as:
- Emergency room visits
- Subsequent doctors' visits
- Assistive devices such as modifications to your home or vehicle
- Pain and suffering
- Mental distress
Your Winfield, MO injury claim lawyer at Halvorsen Klote knows how to correctly value the full extent of your damages and get you the great compensation you are entitled to.
What Is the Statute of Limitations for Personal Injury Claims?
There are some noteworthy exceptions in each state, but it is crucial to contact an injury claim lawyer in Winfield, MO immediately after being in an accident so that the clock does not run out.
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 follow in criminal court 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 pertinent burden of proof is 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 more than than 50 percent chance that the claim is true.
That means that if a drunk driver gets out of their criminal case because of mistakes in police work, you can still hold them liable in a civil court.
If your injury claim lawyer is helping you pursue punitive damages, you must show clear and convincing evidence, which lies between preponderance of the evidence and beyond a reasonable doubt.
How Long Does an Injury Claim Take?
Again, that depends on the specifics of your case. The Bureau of Justice Statistics found that almost all tort suits are settled before they go to trial. If the parties settle, you can receive compensation within a few months, while a case that goes to court in Winfield, MO can take up to two years. If your injuries do not have lifelong consequences, your injury claim lawyer may advise waiting until you've reached maximum medical improvement so you can be compensated for your full medical costs.
How do Personal Injury Claims Work?
Typically, after you've been injured by another person's negligence in Winfield, MO, you can expect the process to proceed as follows:
- You get medical care (and continue care as long as necessary).
- You speak to an injury claim lawyer.
- The attorney investigates your case and collects evidence, such as police reports and medical records.
- Your injury claim lawyer sends a formal settlement demand letter.
- If the settlement demand is not met, your injury claim lawyer may choose to negotiate or may immediately file a lawsuit.
- The discovery phase begins, wherein your attorney obtains more evidence and acquires expert testimony.
- Your injury claim lawyer and the insurance company negotiate before an impartial party in mediation.
- We take your case to court if we do not secure a fair settlement offer in negotiations.
Can I Still Get Compensation if I Was Partially at Fault?
Yes. Missouri is what is called a "pure comparative negligence" state, which means your financial recovery will be taken out by the percent of responsibility you bear for the accident. Meaning, if a jury awards you $100,000 but finds you were 30 percent to blame, you will only receive $70,000. Illinois is called a "modified comparative negligence" state, which means you will not receive compensation if you are over 50 percent liable.
How Much Does it Cost to Hire an Injury Claim Lawyer? | Winfield, MO Injury Claim Lawyer
It's possible you are nervous about whether or not you can afford legal representation in Winfield, MO because the medical bills and lost wages are piling up and you're not sure you can afford an attorney. The great thing about enlisting the services of an injury claim lawyer at Halvorsen Klote is, as opposed to criminal defense attorneys in Winfield, MO, we work on a contingency fee basis. There are three principal advantages to that:
- We do not charge anything in advance of services. Instead of getting an hourly amount, we take a percentage of the financial recovery you receive — not before you get paid.
- You owe us nothing if we do not win your case. A Halvorsen Klote injury claim lawyer only gets paid by employing their skill and determination to achieve the best possible results.
- We won't take on your case unless we honestly believe we will be able to significantly increase your compensation . We shoulder the risk of employing our resources for you, and we'll always be straightforward with you and will never mislead you.
Regardless of what your current economic status may be, a Halvorsen Klote injury claim lawyer in Winfield, MO will be by your side and fight for you to get you the great results you deserve.
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Winfield, 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 Winfield, MO, we beging working on your case 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 Winfield, MO family. Call an injury claim lawyer in Winfield, MO today at 866-382-4167 or contact us online.