There are many motor vehicle collisions every day, from property damage fender-benders to serious wrecks that cause catastrophic injuries and fatalities. Even when you are sure to remain cautious while driving, accidents can happen when others are careless.
If you are injured in an accident that wasn’t your fault, you shouldn’t bear the cost of your damages and injuries. Filing a claim can recover these costs from the at-fault party, but this is much easier to do with a car accident lawyer in Columbia, MO.
The physical and mental trauma of a car accident can be severe, and the process of filing an insurance claim may feel like a hassle. With an attorney, you could recover the benefits of an insurance claim without dealing with the stress of negotiating it yourself.
The costs of an injury can pile up quickly, even in a minor accident. The team at Wendt Law Firm P.C. wants to help you get compensation to cover your losses, such as from lost income, medical expenses, and repairing and replacing damaged property. Our attorneys work hard to get the compensation that you deserve.
With more than 50 years of combined experience, Wendt Law Firm P.C. lawyers have helped injured individuals with complex personal injury claims, including car accident claims. We negotiate for you, investigate the crash, prove fault in the accident, and gather evidence of the damages you suffered. We understand how costly and strenuous an injury is, and we want to secure the compensation you deserve while causing you as little stress as possible.
After a motor vehicle collision, injured individuals can recover their financial losses and other damages by filing a car insurance claim with the at-fault driver’s insurance. You could also recover compensation by filing a civil personal injury claim against another party, like a public agency or a faulty product manufacturer.
These claims could recover any of the damages that you sustained in the injury, including both non-economic and economic damages.
Economic damages are losses caused by the accident that have a set financial value.
Medical bills are part of these damages, covering bills for things like hospital transport, prescription drugs, prescription medical devices, surgeries, doctor’s visits, and other treatments.
In addition to existing bills, compensation can cover future costs of medical treatment, such as the cost of mobility aids, modifications to homes or vehicles, physical therapy, and long-term care. Compensation can also cover the cost of any expected medical costs, like common medical complications associated with the injuries you suffered.
Economic damages also cover lost wages. An injury may require you to take time off of work for weeks to months. The wages you should have earned in that time can be compensated by a claim. If your injuries are permanently disabling, then the wages you should have earned without being injured are compensation. This amount varies based on whether you are able to work partially or not.
Property damages are also compensable in a claim. Most often, this covers the cost of fixing or replacing a damaged vehicle. Other personal property that was on your person or in the vehicle may also be included in property damage coverage.
Non-economic damages do not have a clear financial value but are considered by the court to be recognized losses from an injury. These damages are emotional, physical, or psychological in nature and include:
The mental and emotional costs of an injury that alters your life are taken into account, such as the inability to do basic daily tasks or the limitations on the things you enjoy. The value of non-economic damages is often related to the value of economic damages because more serious injuries and accidents are more likely to affect your life long term.
Punitive damages are not available in all car accident claims. They are available when a claim goes to court, and the court discovers evidence of either intentional harm without reasonable cause or intentionally reckless disregard for general safety.
Punitive damages are not awarded to compensate you for your losses, like economic and non-economic damages, but are assigned with the intention of punishing the at-fault party for their behavior. This is intended to prevent the party and others from exhibiting similar behavior in the future.
Wrongful death claims are a type of personal injury claim filed by surviving family members when someone dies because of another party’s negligence or misconduct. These claims can recover some of the same damages as a personal injury claim. If their loved one received treatment but later died from their injuries, then a wrongful death claim can recover medical bills. Wrongful death claims can also recover costs such as:
A wrongful death claim does not make up for losing a loved one. All it can do is provide a grieving family some closure, hold the at-fault party accountable, and give a family some financial stability in a tumultuous time in their lives.
A motor vehicle accident can leave you feeling confused and overwhelmed. After a collision, there are several actions you should take to safeguard your own health and the success of a potential claim. If you are unable to take these actions because of an injury, then your own well-being should be the priority. However, if you can, you should do the following:
Getting medical care at the scene is also important for your claim because it can make it harder for an insurance company to claim you did not receive your injuries as a result of the crash. After emergency medical attention, it can also be helpful to get a check-up from your own provider, who may have better equipment to check for delayed injuries like traumatic brain injuries.
There are many ways in which an attorney can help with a car accident claim. Your claim is more likely to be successful and more likely to recover the most compensation that is available. An attorney can help by:
There is a limited period of time after an injury that you must file your claim. These time limits are important but can be difficult to worry about as you deal with physical pain and stressful treatment. When you work with an attorney, they can handle this, and you can focus on your personal wellness.
The cause of a car collision is a crucial determination in order to discover the party at-fault. The at-fault party is typically another driver, but other parties may be liable depending on the circumstances. Some of the most common causes of motor vehicle accidents include:
Speeding significantly over the posted limit can be incredibly dangerous. It increases the chances of a collision occurring and increases the resulting damages if a collision does happen. Speeding limits the amount of time a driver has to react to hazards and changes on the roadway.
Driving distracted includes anything that removes a driver’s attention from that road, whether they are daydreaming or completing an action that makes them look away from the road or concentrate less on driving safely. This could include eating, drinking, texting, calling, or talking with others in the car.
It is illegal to operate a motor vehicle while under the influence of drugs or alcohol. Driving under the influence impairs the rational thinking and response times of a driver. A driver who causes an accident while impaired can face a criminal charge and civil claims.
Commercially licensed drivers also usually have a lower legal limit than other drivers due to having a higher level of responsibility for other drivers. These drivers can also face the suspension of their licenses.
When a driver is operating their car while fatigued, their reaction speeds are lower, and it may be harder to make clear decisions. Driving fatigue can also result in drivers falling asleep at the wheel, which is a significant cause of head-on collisions.
Unsafe decisions on the road can interrupt the flow of traffic and cause a collision. This may include actions like tailgating, failing to signal, unsafe lane changes, and failing to yield the right-of-way.
The failure of a car component can cause an accident, and this may point to many different parties as being at fault, depending on the circumstances. The manufacturer or distributor of the car or car part may be liable if the component is unreasonably dangerous or defective.
The owner or driver of the car may be liable if they knew their car needed repairs and drove it without getting those repairs. A mechanic may also be liable if they complete poor or improper repairs to the vehicle.
Badly maintained roads, such as lots of potholes, poor drainage, or damaged road signs, can lead to an accident. When this happens, the public or private agency responsible for road maintenance could be liable. However, drivers are also liable for lowering their speed in dangerous conditions.
After a sudden car accident, it is important to find the right legal support. Contact Wendt Law Firm P.C. today to learn how we can help with your car accident claim.