St. Louis Personal Injury Attorneys

Personal injury is an umbrella term that covers physical or emotional injuries caused by one entity against another in a wide variety of situations. Common types of personal injury cases include car accidents, defective medical devices, defective pharmaceuticals, medical malpractice, negligence, and product liability cases, including dangerous or defective products like elevators, car parts, and appliances.

When choosing a personal injury lawyer, make sure that the attorneys you speak with have expertise in the specific area of personal injury law that covers your case. Important factors like requirements for evidence and statutes of limitations can vary based on the area of personal injury law.

Proving Liability and Damages in Personal Injury Claims

There are three types of personal injury cases (or torts) – negligence, strict liability, and intentional wrongs. In most personal injury cases, we must prove four things:

• That the defendant owed a duty to care for the injured party
• That the defendant breached this duty
• That the defendant’s actions directly caused or directly contributed to causing harm to the injured party
• As a result of this harm, the injured party suffered a loss

These harms and losses include physical and emotional distress, pain and disfigurement, and suffering, among other categories.

Is it worth filing a personal injury claim?

It is essential to discuss a potential personal injury claim with an experienced attorney before deciding whether you think it is worth it. Often, personal injury victims do not believe they have a strong case until they speak with experienced attorneys who resolve their case to mutual agreement. Experienced personal injury attorneys will explain the pros and cons of cases, and you can then make a well-informed decision from those discussions.

How do I know if I have a case or not?

The only way to know if you have a viable personal injury case is to speak with an experienced personal injury attorney who can review the specific facts about your injury.

One of the most important things you need to know if you’ve been injured in an accident is how much time you have to file a claim. In Missouri, the statute of limitations for filing an injury claim is five years from when the injury occurred. Some exceptions to this time period may apply but are considered on a case-by-case basis.

In some cases, the effects of the injury do not reveal themselves right away. The court may allow you to substitute the date of discovery for the start of the statute of limitations. This is to give the person filing the claim ample time to pursue compensation, no matter the circumstances.

Depending on the type of case, emotional distress can be included as a personal injury. For example, to prove a negligence claim, one must show a legal duty was owed to the injured party by the party accused of negligence. One must also show that the party accused of negligence breached that duty, that the injured party can indicate an injury occurred, and that the injury is related to the accused’s negligence. In essence, if someone is emotionally distressed by another’s negligence and there is proof of this injury and that the negligent action caused this, the injured party can have a personal injury case due to emotional distress.

Because of the various factors involved in a personal injury case, no two cases are litigated the same, making it difficult to determine the cost of a personal injury attorney up front.

At Simon Law, we do not and will never charge personal injury clients out of pocket or upfront for expenses related to the case. For personal injury cases, our firm runs on a contingency fee basis. If the case is resolved by settlement or verdict, our expenses and service fees are reimbursed from that amount as payment. You will only receive our expenses or fees if a case is resolved. The high cost of personal injury litigation, both in money and time, is fronted by your attorneys. Put simply – if you don’t get paid, we don’t get paid. This is a win-win agreement for our clients.

Because litigation varies from case to case, the time it takes to be tried varies. The length it takes to get to court does not affect the legitimacy or strength of personal injury cases.

As car insurance holders, we often have two separate coverages – one for personal injury and another for bodily injury. In this use, personal injury refers to the protection that pays for the policyholder’s medical bills. Bodily injury is the protection that pays for others’ medical bills when the policyholder is at fault in an accident. Bodily injury is required by nearly every state and is the standard for car insurance. However, some states are now requiring personal injury protection as well.

Personal injury settlements vary due to multiple factors, so discussing financial compensation with your attorney is crucial. These factors, including place of injury, state laws that can affect verdict amounts, type of injury, length of hospitalization, if any, amount of medical bills paid, and potential future medical expenses, all come together to form an argument for a settlement amount and are highly individualized. Below are the types of loss that may be covered in a settlement.

Monetary Loss

Monetary loss refers to expenses paid by the injured party in out-of-pocket payments, such as travel costs to and from treatments or for medications/medical devices and medical bills. Any itemization of expenses related to the injury is considered a monetary loss and may be recovered in personal injury settlements.

Non-monetary loss

Non-monetary loss is an abstract loss that does not have an itemized value. This loss usually includes but is not limited to pain and suffering, emotional distress, and loss of consortium. Compensation for non-monetary loss is intended to compensate for losses extending beyond dollar amounts on paper.

Initially, we will need a signed contract retaining our firm, information about your health or car insurance, depending on your personal injury case type, and medical authorizations to request relevant medical records. As the case moves forward, the court may order additional paperwork to be completed, such as questionnaires or additional authorizations, commonly known as ‘discovery.’

In some cases, health insurance companies will assert medical liens in a personal injury settlement or verdict that must be paid. In essence, these liens are the amounts insurance paid on your behalf related to the injury you have filed a lawsuit over. There are specific laws and regulations that your insurance company must abide by, so your attorney will be able to guide you through this process.

Representation in your personal injury lawsuit is nearly essential no matter the circumstances. In an All-Industry Research Advisory Council study, litigants represented by attorneys received 40% higher settlement amounts than litigants who represented themselves. This Insurance Research Council further found that litigants represented by attorneys received 85% of all settlements paid by insurance companies, and they were three times higher than settlements paid to litigants representing themselves.

Working with a personal injury attorney typically begins with a conversation – what happened to bring you to our office? From this conversation, the attorney starts to piece together the liability at issue – who breached their duty causing you harm? Is it clear that the cause of your harm was that breach of duty? And do you have compensable damages? Of course, we will not know all of that in the initial meeting, so we must complete an investigation. This will help us determine the merits of your personal injury case and will help you determine what, if any, personal injury claims to pursue.

The investigation involves collecting medical records, inspecting vehicles, a medical device, or other object that led to the injury, gathering depositions of relevant witnesses, and consulting with experts in the specific field. From there, if the case meets all legally required criteria, settlement negotiations will begin. If a settlement cannot be reached,– the next step is determining whether a case is taken to trial before a jury.

Do you offer free consultations?

Yes – Simon Law proudly offers free, confidential phone consultations and online inquiries.