If you’ve been injured in an accident, you could be entitled to compensation for your losses. When another party causes your injury, they are usually responsible for reimbursing you for all of your damages.
Personal injury cases can be stressful and time-consuming. To help make the process go as smoothly as possible for accident victims, here are some answers to frequently asked questions about personal injury cases.
To discuss your case or learn more about personal injury cases, contact a St. Louis personal injury lawyer.
What Is a Personal Injury Case?
A personal injury case is a legal dispute between two parties after an accident. Personal injury cases are started by an accident victim (the plaintiff) filing a lawsuit against the party they allege caused their injury (the defendant).
Most personal injury cases involve a legal theory called negligence. In these cases, the injured party alleges that the negligence or reckless conduct of the defendant caused their injuries.
To be successful in a personal injury case, the victim has to show:
- Duty. The defendant owed the plaintiff a duty of care.
- Breach. The defendant breached the duty of care and did not act as a reasonable person would in the same circumstance.
- Causation. The defendant’s breach was the direct and proximate cause of the plaintiff’s injuries.
- Injuries. The plaintiff suffered injuries.
A personal injury lawyer can evaluate your case and determine whether you have a personal injury claim.
What Are Common Types of Personal Injury Claims in St. Louis?
There are thousands of personal injury cases in Missouri every year.
Some of the most common types of cases are:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Boat accidents
- Premises liability cases
- Slip and fall accidents
- Wrongful death
An experienced personal injury lawyer can work with you to hold the at-fault party accountable, whether your claim arises from a traffic accident or a spill at a grocery store.
How Can a Personal Injury Lawyer Help With Your Personal Injury Claim?
If you’re injured in an accident caused by another party, the first step is filing a claim with the at-fault party’s insurance company. Many personal injury cases can be resolved by submitting a demand letter to the insurance company and negotiating with the insurance company to reach a fair settlement.
If your case can’t be resolved out of court, you’ll have to file a personal injury lawsuit against the at-fault party. A personal injury lawyer knows how to deal with insurance companies and how to navigate personal injury claims.
An experienced personal injury lawyer will:
- Investigate your accident to determine who was at fault.
- Gather evidence to prove who was responsible for your accident.
- Calculate damages and collect documentation to support your claim for damages.
- File a demand package with the at-fault party’s insurance company.
- Negotiate with the insurance company.
- File a personal injury lawsuit on your behalf.
- Comply with all procedural requirements and deadlines.
- Represent you in court.
- Handle all administrative tasks and all correspondence.
Personal injury cases can be complicated, stressful, and time-consuming. A personal injury lawyer handles all of the logistics so accident victims can focus on getting their lives back to normal.
Contact a St. Louis personal injury lawyer to learn more about how a lawyer can fight for you.
How Much Does a Personal Injury Lawyer Cost in Missouri?
Most personal injury lawyers work on a contingency fee basis. This means that clients don’t pay any upfront fees or hourly rates. Instead, the client and lawyer agree on a contingency fee rate, usually between 25% and 40%.
If the case is successful and the client gets paid through a settlement or verdict, a percentage of that award goes to the lawyer to cover fees. For example, if the contingency fee rate is 25% and the client gets an award of $100,000, $25,000 would go to the attorney for fees.
Contingency fees work well for clients because they don’t have to make any upfront or out-of-pocket payments. Additionally, lawyers are personally invested in each case because they only get paid if their client gets paid.
To learn more, schedule a free consultation with a personal injury lawyer and ask about their fee structure.
What Damages Can I Recover in a St. Louis Personal Injury Case?
Accident victims are entitled to recover damages to “make them whole” after an accident. This includes economic damages and non-economic damages.
Economic damages reimburse victims for expenses they incur in an accident. These are actual expenses that can be documented.
Examples of economic damages include:
- Medical bills
- Future medical expenses
- Lost wages
- Lost earning capacity
- Property damage
Non-economic damages reimburse victims for less tangible losses after an accident.
Examples of non-economic damages are:
- Pain and suffering
- Emotional distress
- Mental anguish
- Decreased quality of life
- Loss of consortium
Calculating damages can be tricky, especially if you suffer major injuries. An experienced personal injury lawyer can help you determine the types of damages you’re entitled to and ensure you get the compensation you deserve.
How Much Is My Personal Injury Case Worth?
The value of personal injury cases varies significantly based on the facts of each case. Because of that, it’s not helpful to look at ranges and averages in personal injury cases.
Instead, it’s helpful to consider the factors that impact the value of a case.
Factors to consider are:
- The severity of injuries;
- Whether or not there are long-term injuries or disabilities;
- Whether the injured party is partly at fault;
- The number of parties;
- The complexity of the legal issues.
Generally, cases involving more severe injuries are worth more. A personal injury lawyer can evaluate your case and give you an estimate of how much it’s worth. Schedule a free consultation to learn more about the value of your personal injury case.
How Long Do I Have to File a Personal Injury Claim in Missouri?
The statute of limitations for personal injury cases in Missouri is five years. This means that accident victims must file a personal injury case within five years from the date of their accident.
If the statute of limitations expires, the personal injury claim will be dismissed, and victims will have no right to recover. Because of this, it’s vital to know when the statute of limitations runs and to file your case before it expires.
Contact a Missouri Personal Injury Lawyer
To learn more about Missouri personal injury cases, contact a lawyer at Roach Law at (636) 519-0085. Schedule a free consultation today to learn more about your rights and get a personalized plan for recovery.
You can schedule your free consultation online or visit our St. Louis personal injury office.
