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> > PERSONAL INJURY > COMMON QUESTIONS
A. It is impossible for us to tell immediately how much money, if any, you will recover in connection with your case. There is no formula and each case is unique and different. In cases of serious injury, the ultimate recovery is often related to the amount of insurance coverage available, as well as the nature, extent, and duration of your injuries, along with an assessment of liability. As your attorneys, we feel it is our primary duty to obtain an amount of money which will fairly and justly compensate you for your injuries. We will make every effort to do this by locating all sources of money. We will advise you of our evaluation in this regard. return to top In general, you may recover damages for the following elements of damage:
A. To have a claim, you must have been injured. This may be a physical injury or it may be an emotional injury. In addition, your injury must have been caused by someone else (the defendant). Lawyers and judges use the term "negligence" to describe the culpable actions of a defendant. Basically determining who is at fault or who is responsible for causing the injury. If you are unsure about whether you have a personal injury case, contact us for a free consultation. return to top Q. What if the accident is partly my fault, do I still have a claim? A. Yes. Even if an accident or injury was partially your fault you still have a claim. Lawyers and judges use the term "Compatative Fault." In Missouri, the fault of all parties is compared, and the amount of your recovery is reduced by the percentage of your own fault. In this way, each person is held accountable only for the percentage of their respective fault for the accident. But even if you are mostly at fault for an injury or accident, you may still have a claim. return to top Q. How do I know if I may need and attorney? A. If you needed expert medical attention, you likely need legal representation. If you have been seriously injured or are unsure as to the outcome of your injury, then an attorney should always be consulted before you give any statements or sign any papers of any kind and as soon after your injury as possible. If you have been seriously injured, you will benefit by hiring an attorney. We offer a free consultation, with no obligation. You have nothing to lose by consulting an attorney. return to top Q. How long do I have to make a claim? A. It depends. These "statutes of limitations" require you to file suit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries. It is always better to act sooner, so that your claim and your chance at recovery do not expire. return to top Q. What is a Contingency Fee? A. A contingency fee benefits you. Most personal injury lawyers use this arrangement. It is "contingent" in that you do not pay any fee for legal services unless we successfully recover for you. Please note that you as the client may be responsible for any fees or costs associated with your case regardless of the outcome of your case and we may ask for these costs and expenses during the time in which we are working on your case. return to top Q. If I have a personal injury claim do I have to go to court? A. No. Most personal injury cases are settled out of court by the insurance companies and their attorneys. But if a case does go to trial, you most likely will have to appear so that your testimony can be heard. return to top Q. How long will it take to resolve my claim? A. Each case is different. It depends on the circumstances and complexity of the case, the injury and the willingness of the opposing party to act reasonably. Many auto cases and slip and falls can settle within 3 to 9 months from the date of the accident. Many nursing home malpractice cases or wrongful death cases can take anywhere from 6 to 30 months to resolve depending on its complexity. return to top Q. Why does it take so long? A. We cannot make your claim until after the doctors have given us reports stating exactly what your medical condition is and what they expect it to be in the future: in other words, until you have reached "maximum medical improvements". Many times the doctors will be very slow in making these reports. We may even, on occasion, ask you to contact your doctor to speed up this report. If we try to settle your case before your medical condition is stabilized, you may lose money that you might be entitled to for a condition that did not show up until after your case was settled. It is important to know that your case will not be settled until the damages have been determined and all investigations to determine who is liable have been completed. It generally takes several months to gather the necessary information. If a trial becomes necessary, it can take several years to complete a case. One of the most difficult requests we make of you is to have patience. We will work as hard and fast as possible to settle your case quickly. return to top |
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