Even a minor car collision can result in expensive property damage, painful injuries, and costly medical treatment. More serious collisions can cause life-changing injuries. When you are injured in a car accident that was not your fault, you should not be responsible for these significant financial costs and personal losses.
Filing a car insurance claim will not fix all the damage from an accident, but it can give you the monetary support you need to recover and adapt to a new way of life.
Securing this compensation is a more straightforward process with a car accident lawyer in Joplin, MO. Filing an insurance claim must be done promptly after a collision and is more likely to be successful with a thorough investigation and supporting evidence from the crash. This is a lot to undertake while you are recovering from your injuries. An attorney can manage all these steps for you, keeping you informed of your claim while you take time to rest.
The attorneys at Wendt Law Firm P.C. believe in holding at-fault drivers responsible for the harm they caused. With more than 50 combined years of legal experience in personal injury and car accident claims, our team has the resources and knowledge needed to support you when you are injured in a collision. We investigate the collision, determine the cause and at-fault party, and talk with insurance providers and other third parties on your behalf.
Our team fights for fair and comprehensive compensation to recover your losses from property damage, medical bills, pain and suffering, lost income, lost earning potential, and other severe losses. We know how to navigate complex accident claims, including those with significant damages and multiple at-fault parties. We want to recover the most compensation that is available to you.
It is important to determine which party is at fault for a collision in Missouri. The state operates under at-fault rules for car accidents, meaning that injured parties file their claims with the insurance company of the at-fault party. After an accident involving multiple parties, the involved insurance providers will investigate the accident and the report made by the officer on the scene to determine fault. The goal of all the insurance providers is to limit their own liability.
Fault in a collision may be clear or contested. In either case, insurance adjusters will work to minimize the amount they have to pay and may try to prove other parties were partially or fully liable. The support of an attorney is important in any situation to ensure actual fault is proven and that insurance providers are held liable for fair compensation.
To prove a driver or other party is at fault for the crash, you must have evidence of the following elements:
This insurance claim is often the only option for injured drivers and passengers. However, there are some cases where this coverage does not cover your damages, and you may need to turn to other options, such as your own insurance policy. In rare cases, you could file a civil claim for the remaining damages. An attorney is crucial for determining the different methods you have to reclaim this compensation.
The injuries you sustain in an automobile collision are one of the biggest factors in the amount of compensation you secure. More serious injuries tend to have high-cost medical procedures and longer recovery periods that cost you more income. Serious injuries may also permanently disable you and prevent you from working full time. You may be unable to ever return to gainful employment, and your injury could impact your daily life.
These financial and personal losses are very serious and require high-value settlements to compensate. It’s important that you work with an attorney who has experience in the type of injury you sustained, as they will be more adept at determining the value of your long-term care and potential future complications.
A range of injuries can occur from a motor vehicle accident, from minor to severe. Some of these include:
Each car accident is unique and can result in unique injuries. The physical pain and emotional suffering from these injuries is a crucial part of your claim, though it is not easy to calculate these damages. An attorney can help with this process.
The circumstances of a car accident can significantly affect the investigation and settlement associated with it.
If a commercial truck is involved in the collision, an in-depth investigation is required to determine fault, and the damages are going to be more significant. Different types of collisions, like rear-end or head-on collisions, have specific injuries they are likely to cause. These collisions may also have an associated at-fault party, which may not always be accurate to your collision. An accident involving a drunk driver also has unique laws and considerations.
An attorney needs to thoroughly look over the specifics of your situation to provide effective legal support.
Motor vehicles can be involved in many collisions with other vehicles, with numerous causes, including:
Car accidents can also be categorized by the nature of the accident. Some types of these collisions include:
Each of these elements in an accident is crucial for creating a comprehensive claim for your individual accident.
The liable party is the individual or entity responsible for the damages in a crash. The most common at-fault party is another driver in the collision. There are many reasons why a driver may be at fault, such as driving fatigued, being intoxicated, or failing to yield the right-of-way. A driver who is partially or fully liable for the accident can be held liable for a portion or all of the injured parties’ damages.
While negligent drivers are the most common cause of car collisions, they are not the sole cause. There may be other liable parties depending on the circumstances of an accident. This includes:
This may apply if the driver of a vehicle is not the owner of the vehicle. If there was an issue with the vehicle that was not addressed, and the issue in the vehicle was what caused the accident, the owner may be liable for their failure to get maintenance or repairs.
If the accident is caused by a driver or third party who is on the clock, their employer may be vicariously liable. This is most common when a commercial truck driver is the party who causes an accident, but other employees driving for their work may also meet this criteria. Employers are not always vicariously liable for their employees’ actions. An attorney can help you determine if this is relevant to your claim.
If a motor vehicle collision is caused by a defective or unreasonably dangerous car component, the manufacturer or distributor of that part may be strictly liable for damages. Defective car or truck equipment could include issues with the brakes, suspension, seat belts, airbags, and tires. An attorney can help you navigate a product liability claim after a car accident.
Car wrecks caused by the failure of a car component may also fall to the mechanic who worked on the vehicle. If they completed improper or insufficient repairs and maintenance on the vehicle, and this directly contributed to the crash, they can be held liable.
An accident may be caused by poorly designed roads, missing road signs, covered or damaged road signs and signals, or roads with potholes and debris. When these are significant factors in an accident, the public agency responsible for the upkeep and repairs on these issues could be liable. It’s important to quickly work with an attorney if a governmental agency might be liable.
An attorney negotiates with an insurance provider for you, which saves you time and stress and also increases the likelihood of a successful claim. Insurance companies are focused on their bottom lines and will try to undermine claims, even those made in good faith.
If you talk with an insurance adjuster on your own, they will provide you with a much lower estimate on the damages that your claim is worth and may even claim you have no damages or were at fault for the accident.
Insurance adjusters do not negotiate the same way with accident attorneys because attorneys know how to address and prevent these tactics. Your attorney will calculate the true extent of your losses, including your present bills, emotional and psychological damages, and long-term costs. Your attorney will also complete an investigation to determine fault.
Entering negotiations with this information means that they will accept a fair settlement and nothing less. If the insurance adjuster does not reach a fair settlement, your attorney can take the claim to court to get the compensation you deserve.
The damages that you can recover in a car accident claim will rely entirely on the damages you sustained in the collision. The goal of a car insurance or personal injury claim is to recover the compensatory damages of an injured party to make them whole.
Economic damages are compensatory damages with a financial value attached. These may be existing bills or future costs and losses that you can reasonably expect to have. Economic damages potentially available in your claim may include:
Non-economic damages are compensatory damages that recover intangible losses. These losses are assigned a financial value despite being emotional or psychological losses with no clear value. The valuation of non-economic damages typically relies on the value of economic damages and other factors. These damages may compensate for losses like:
Some claims also result in punitive damages, which are not considered compensatory damages. These damages seek to punish an at-fault party for intentional harm or reckless disregard for the safety of others. These damages are rare but may be awarded in a claim handled through court.
Working with Wendt Law Firm P.C. can help you recover the damages you are owed after a car accident. Even if you were partially at fault for an accident, our skilled attorneys may be able to secure some compensation to cover your injuries. Compensation from an insurance or personal injury claim can enable you to have the financial stability you need to physically and mentally recover after a traumatic accident. Contact Wendt Law Firm P.C. today.