St. Louis, Missouri 63105
Tel. 314 727-2585
Fax. 314 727-6376
LICENSED IN MISSOURI & ILLINOIS
|
|
7751 Carondelet Avenue ♦ Suite 401
St. Louis, Missouri 63105 Tel. 314 727-2585 Fax. 314 727-6376 LICENSED IN MISSOURI & ILLINOIS |
|
|
| PAMELA S. WRIGHT ♦ ATTORNEY AT LAW | |||
|
|
|||
|
|
Does Missouri law contain time limits for filing a claim in the case of injury or death? Answer: Yes. The time limits are known as “statutes of limitations.” In all states, the specific deadline will vary depending on the type of injury and the circumstances. As a general rule in Missouri, for example, a personal injury lawsuit must be filed within five years from the date the injury occurred. However, there are shortened time limitations such as with worker’s compensation, medical malpractice matters or if a governmental entity may be responsible for the injury or death. Wrongful death claims in Missouri generally must be pursued within three years from the date of death. Keep in mind that if you wait until the time limit is upon you, you may have trouble finding a lawyer who can take the case on short notice. Thus, it is important that if you have suffered a personal injury and have reason to think that someone else caused the injury, please immediately contact an attorney. Most attorneys handling personal injury or wrongful death cases will be happy to provide a free evaluation of your case. For your convenience use the case evaluation form on this web site for more information. What should I do in case of an auto accident? Answer: You should gather at least this information: names, addresses and telephone numbers of all drivers, passengers and registered owners of the vehicles; names of insurance companies and policy numbers; location of the accident and how it occurred; names of police officers who came to the scene; damages to the vehicles and the injuries to those involved. Jot down the names, addresses and telephone numbers of the witnesses and any comments such as “ he ran the red light” or “she really plowed into your car.” Make particular note of any individual who appears to be under the influence of drugs or alcohol or if anyone claims responsibility with such comments as “I blew it”; “I messed up”; “I took my eyes off the road”, etc. You should pursue medical treatment within 24 hours or sooner if you have suffered very serious injuries. If you wait 2 or 3 weeks, the insurance adjusters will raise the question – if your client was seriously injured, why the delay in getting medical care?” You should take pictures of your car and any other vehicles involved in the accident. Similarly, you should have your injuries photographed before they have a chance to heal. Keep a diary of the pain you experience from the injuries as well as the medications prescribed for your pain. Keep receipts for your out-of-pocket expenses such as car rentals, prescription drugs, charges for getting someone to do household chores such as cleaning the house or mowing the lawn. As you might imagine, an insurance adjuster is not going to take your word for the expenses so keep good records. Should I talk to my insurance company? Answer: Your insurance company should be notified as soon as possible. If you do not let the insurance company know about the accident, it can attempt to deny coverage for the accident. However, before giving detailed statements, especially taped recorded interviews, to your insurance company or the insurance company for the other driver, you need to think carefully about whether you may first want legal counsel. Insurance companies frequently want to settle fast and cheaply before your injuries may be fully known. If you reach a settlement and later find that your injuries are more serious and you have more medical bills, you will have difficulty getting any more funds from the insurance company. Do I need an attorney? Answer: Yes. The insurance adjuster is not going to be looking out for your best interests. You will be “low-balled” regarding settlement. He or she will try to make your case seem unimportant. Without legal help, you will have no way of determining the true value of your case. For a very minor accident, you may do fine in negotiating a settlement directly with the insurance company for your property damage, but if you have serious personal injuries, you need an experienced attorney. How are property damage claims handled? Answer: Most property damage claims are handled quickly and efficiently and usually do not require an attorney. If the accident is not your fault, the other driver’s insurance should pay to fix your car unless it would cost more to fix your car than it is worth. In that case, your car is considered “totaled” and you will only receive the market value of your car before the accident. Many repair shops will help you by providing free estimates for insurance purposes. What if the driver who hit me has no insurance or the bare minimum and I have very serious injuries? Answer: Assuming that you have the required uninsured or underinsured motorist coverage, you may be able to collect from your own company if you are injured as a result of the negligence of someone who has little or no insurance coverage. If you were a passenger in a car struck by an uninsured or underinsured driver, you might be able to pursue a claim against the insurance company for the owner or driver of the car in which you were riding. It is important to explore all your insurance options, which admittedly can get pretty complicated and thus, you need to consult legal counsel. What is meant by the term “negligence” in the context of personal injury suits? Answer: It means pretty much the same as in everyday conversation – that someone was careless. A basic statement of legal negligence is that a person “did not act as a reasonably prudent person would under the same circumstances.” A court finding that a person has been legally negligent involves several different elements. For example, most people would agree that a driver who runs a stop sign and hits a pedestrian was careless, but was he negligent? To find legal negligence, a court must first find that the person “breached” a duty owed to others. In this example, every driver owes a duty to others to be careful when driving a car and running a stop sign violates this duty. The negligent act must also cause damage. If, in our hypothetical situation, the pedestrian’s arm was broken by the impact, that injury could mean that the driver was negligent. Finally, the damage caused by the negligence must have been “foreseeable.” Because most people would expect that a driver who runs a stop sign might hit a person, a court is apt to find the driver has been legally negligent. In real life, most negligence questions are more complicated than the above example and may be even more difficult if more than one person was negligent. If you think you have been injured and you think it was someone else’s fault, complete the free evaluation box or call me at 314-727-2585. What’s my case worth? Answer: It depends on so many factors that it is difficult to provide a definite answer here: for example, whether liability is clear; the extent of your injuries; whether you have lost wages; the extent of your medical treatment; significance of pre-existing medical conditions; where the accident occurred; the amount of insurance available; whether aggravating circumstances were present such as excessive use of alcohol; who is the defendant – if a company, where it is doing business. Call me at 314-727-2585 for a free no obligation consultation or use the convenient free immediate case evaluation submission form. What damages can I ask for in my personal injury lawsuit? Answer: The components of damages in personal injury cases are past and future medical bills; past lost wages; loss of earning capacity in the future and pain & suffering. In a small number of cases, circumstances may allow for a punitive damages claim. Your spouse may also have a loss of consortium claim. What is meant by “discovery”? Answer: Discovery is the process in a pending lawsuit thru which one party learns about information that the other side has about the claim or defense involved in the case. Discovery methods include: written interrogatories; depositions; request to produce; and request for admissions. What is a deposition? Answer: A deposition is one of the tools of the discovery process to determine the facts in the case. It generally takes place in a law office conference room with a court reporter, the parties to the lawsuit and their lawyers. The person who is being deposed is sworn in by the court reporter, and questioned by one or more of the lawyers. The reporter takes down the testimony and later prepares a written transcript. The person giving the deposition could be a party, a witness to the accident or an expert such as a physician, a CPA or engineer. What is the typical fee arrangement in personal injury/wrongful death cases? Answer: The vast majority of personal injury/wrongful death cases are handled on a contingency fee basis ranging from 25%-40% of the amount recovered either by way of settlement or trial. For example, worker’s compensation claims are generally handled on a 25% basis, and medical malpractice cases, including nursing home malpractice, will involve a 40% contingency fee. Generally the attorneys will advance expenses such as filing fees, deposition costs, expert witnesses fees but with a provision in the written fee contract signed by the client and counsel, the expenses will be reimbursed from the amount recovered on behalf of the client. Most contingency fee contracts provide that if there is no recovery for the client, he or she is not obligated to reimburse the attorney for the out-of-pocket expense which have been paid by the attorney. It is standard for the parties to sign at the time of the first meeting or shortly thereafter, a written fee contract which sets out in detail how fees and charges are to be handled How long will it take to get my case resolved? Answer: The answer to this question can vary depending on the complexity of the case such as how clear is liability, which insurance companies are involved, how serious are the injuries and if treatment is completed or ongoing, where will the suit be filed. If suit has to be filed and a settlement is not reached, the trial would generally occur 12-24 months after filing suit. Keep in mind that the overwhelming majority of lawsuits eventually settle. Does Medicaid or Medicare have a lien for medical bills which have been paid by one of those government programs? Answer: Yes. Under Section 208.215, Medicaid through the Missouri Department of Social Services can assert a lien to recover all amounts paid by it for medical services if a recipient was injured in an incident, his or her medical expenses were paid by the Department and the recipient later recovers damages from a third party responsible to the recipient. There is also a lien that can be raised by Medicare. Your medical insurance provider may also assert a claim for reimbursement. Sometimes these claims are subject to negotiation. What is meant by mediation? Answer: Mediation is a formal procedure through which parties to a lawsuit submit their arguments to an uninvolved person such as a retired judge or an attorney trained in the mediation process. Mediation is initiated either by one or both of the parties or by the trial judge. Both sides present their cases in condensed form to the mediator who helps the parties reach a settlement. The information exchanged in the mediation conference is confidential and cannot be used later at the trial. If the parties do not settle, then the matter is tried. What is a wrongful death claim? Answer: This is a claim arising from the death of an individual caused by the conduct of another. Who can file a wrongful death suit? Answer: Section 537.080 provides that one action may be filed against a defendant by close family members such as spouse, parents or children. If the deceased is survived by siblings but not a spouse, children or parents, the siblings are entitled to file suit. What damages are recoverable in a wrongful death lawsuit? Answer: Section 537.090 describes the damages to be awarded by a jury: pecuniary losses such as funeral bills, medical expenses, lost wages, including future earnings; lost inheritance as well as reasonable value of the loss of emotional support and of companionship. The aggravating circumstances (akin to punitive damages) surrounding the death may also be weighed by the jury. The statute specifically forbids recovery of damages for grief and bereavement. If a loved one has been a victim of wrongful death, please use the convenient free immediate case evaluation submission form. How are the damages calculated in a wrongful death lawsuit? Answer: There are many factors used in calculating the damages: how dependent the plaintiff (the family member bringing the suit) was on the deceased; the nature of the relationship between the plaintiff and the deceased; the age of the deceased; the deceased’s future earnings; and the presence of any comparative fault. |