It would be nice if there could just be a straight, simple answer to this very common question; sadly, “it depends” is as simplified and accurate as it gets. You can only find out what your case is worth after you investigate, establish liability, determine the extent, severity, and duration of your injuries, and myriad other facts that all contribute to the value of your case overall. Taking all of those details into consideration, along with the other party’s insurance coverage and premiums, you still may not know whether the settlement offer from the insurance company is fair. That’s why it’s so important that you call the reliable, knowledgeable attorneys at Walton Telken today. Hiring an attorney is one of the most critical things you can do if you want to get compensated for the injuries you sustained in an accident. It’s a complicated situation, and you won’t get the compensation you deserve without an experienced attorney to help you through this complicated legal process.
Compensatory And Punitive Damages
Missouri state law allows victims injured in car and other types of accidents to file lawsuits to seek reimbursement for costs that arise after the accident, including but not limited to medical bills as well as property and financial damages such as lost wages. Beyond compensatory damages, injured parties can seek punitive damages for cases in which the other party did something that would likely have resulted in damage or injuries to someone else (e.g., drove drunk); this kind of action is otherwise referred to as negligence.
Each case is unique, so each should be handled differently. However, most individuals that come to our office in search of answers and a trustworthy attorney have some questions. Please read through the following to find answers to some of the most common questions asked when someone is considering filing a personal injury lawsuit. They are by no means exhaustive answers, and your case will most likely have its own peculiarities and specifics, so please use the following as a general guide.
What Will Happen With My Injury Case?
Your case will be handled professionally, and by an attorney who has had plenty of experience in court. We will gather all of the necessary information, including police reports, medical records, and insurance information; we will conduct an investigation and consult with experts to help determine liability for the accident. (Even if you are found partially at fault, you may be eligible for compensation; don’t let that be a deterrent in filing a car accident lawsuit.) Above all, we will remain in contact with you, working together toward a resolution with which you feel comfortable; we will consult you during settlement negotiations, if you and the other party agree to try to settle out of court. Of course, if you or the other party ultimately decide to take the case to court, we will file a lawsuit and argue your case in court.
How Long Will My Accident Lawsuit Take?
Depending where you file your case, it could be six to twelve months before your case is tried; because of that extreme length of time, along with many other factors, the vast majority of cases settle out of court. It’s easier, faster, and cheaper than having to do anything in court. However, the time it takes to process your claim may depend on how long it takes to treat your injuries – when you’ve been treated to a point of maximum medical improvement, only then will we have an accurate assessment of how much to accept in a settlement.
Can I Use My Health Insurance For My Car Accident Injuries?
If you were injured in a car accident, your health insurance company may require you to submit your bills to your car insurance company first, as it is considered the primary insurance after an accident. You can see your regular doctor or, if you don’t have one, your attorney or insurance company will provide a list of doctors that they recommend. If you fail to make sufficient improvements in a certain amount of time with a regular doctor, you may need to consider making an appointment to see a specialist.
What If My Injuries Prevent Me From Working?
If you are incapable of performing your job duties as a result of the car accident, any earnings you missed out on will be reimbursed to you by the at-fault party. The important part is to document everything, specifically your doctor’s appointments, your diagnosis, and your physical and mental health symptoms that prevented you from performing your job, and thereby missing out on the income that comes with it.
What’s Going To Happen To My Wrecked Car?
Usually the at-fault person’s car insurance company will pay for any damage done to your car. Any time you have a car accident, you should get the other party’s car insurance information and make a claim to get reimbursed for your expenses. If you carry collision coverage, you can choose to get your car fixed sooner and wait for the other party to reimburse you; that’s what normally happens if you and the other party can’t agree on who should take responsibility for the accident or if working with the other party’s insurance company is too difficult.
If you need a rental car while yours is being repaired, we can contact the other party’s car insurance company to arrange that; if their insurance doesn’t offer it, we can arrange it through your car insurance company.
What If The Other Party Doesn’t Have Enough Car Insurance Coverage?
If the other party doesn’t carry enough car insurance to cover all your damages (i.e., if your costs exceed the amount their insurance will cover), you can use your car insurance coverage for the excess. Suing the person is unlikely to net you any extra monetary reimbursements, since someone who has such little coverage probably doesn’t have personal property worth much; if sued, that person may opt to declare bankruptcy instead of selling their property. Additionally, insurance companies know that this course of action is unlikely to be productive for either party, so they don’t usually recommend it.
What Do I Need To Do At This Point?
If you’re considering filing a lawsuit, you should hire an attorney before you take any legal action. Call the experienced attorneys at Walton Telken toll free at (844) 307-7349. They can answer in detail any questions you may have regarding your specific situation and help you decide what path you’d like to take. The most important thing right now – the thing you should focus on – is getting better; your own health should be your primary goal. Let us take care of the rest. Call us today.
The information provided by Walton Telken, LLC in this Blog is not intended to be legal advice, but merely provides general information related to common legal issues. This Blog, and the information contained within it, is Attorney Advertisement. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.