Claiming Car Accident Compensation
A St. Louis car accident attorney can help you claim the car accident compensation you are entitled to. Personal injury is the legal term for an injury to the body, mind or emotions and is used to refer to a type of tort lawsuit. Tort is not necessarily an illegal action, but causes harm. The law allows anyone who is harmed to recover their loss. “Loss” can be physical injuries, emotional trauma and inability to work as a result of the car accident or damage to property. If the negligence of another party can be proved, the injured party is entitled to compensation from that party. The process is complex and the expertise of a car accident injury attorney is highly recommended.
Who and What is a Personal Injury Attorney?
A personal injury attorney is a lawyer who provides legal representation to people who suffered physical or psychological injuries as a result of another person’s wrongdoing or negligence. Personal injury lawyers are trained, knowledgeable and experienced regarding damages to a person’s property and injuries.
A personal injury attorney’s responsibilities include filing legal complaints, evaluating and researching cases, argue cases in court, offer legal advice and draft legal documents. The basic codes of conduct state that an attorney must knowledgeable to evaluate legal matters and exercise competence in any legal matter undertaken.
A personal injury attorney must complete a four-year college degree, pass a law degree from an accredited law school, pass the Multistate Bar Examination, the Multistate Essay Examination, the Multistate Professional Responsibility Examination and a state bar examination. Personal injury attorneys must also remain up-to-date on the latest legal developments by completing continued legal education courses designated to help them stay knowledgeable of developments in their field. To be certified, a personal injury attorney must complete a program accredited by the American Bar Association.
The Mission of the American Association for Justice is to promote a fair and effective justice system and to support the attorneys in their efforts to ensure that any victim who suffered injuries by the negligence of others can obtain justice in America’s courtrooms. A St. Louis car accident lawyer is therefore the best candidate to handle your personal injury claim and to determine the economic and non-economic damages.
Economic and Non-Economic Damages
Economic car accident damages (compensatory damages) include medical expenses, future medical expenses, lost wages and loss of earning capacity.
- Medical expenses: This includes expenses for surgery, emergency room visits, hospital care et cetera.
- Future medical expenses: This includes continued medical care as a result of the car accident.
- Lost wages: One can claim for wages lost as a result of a car accident. If the victim was unemployed at the time of the accident, but can demonstrate what they could have earned, they can be awarded lost wages.
- Loss of earning capacity: If the victim’s ability to earn money was negatively impacted, he or she can be awarded.
Non-economic car accident damages are usually harder to put a figure on and include:
- Mental anguish: This includes the emotional trauma that a victim suffers as a result of an accident.
- Pain and suffering: The extent of the physical pain and the length of time of the suffering as a result of an accident will determine the amount awarded.
- Loss of consortium: After a successful car accident lawsuit, the spouse may recover damages for loss of marital benefits, such as companionship, affection, sexual relations and comfort.
How to Begin a St. Louis Car Accident Claim
The time limits are strict to make an injury claim. To make a successful claim, you have to understand the settlement process and the settlement value. There are two car accident settlements. The one settlement is for damages done to your vehicle and the other one is for injuries received as a result of a car accident. A personal injury claim is a claim for compensation for injuries caused by a car accident, sometimes referred to as “bodily injuries.”
The settlement process begins by submitting a “demand package” to the insurance company for the driver that caused the accident. Your St. Louis auto accident lawyer will include all the documents to prove your claim and a settlement letter that is supported by evidence that proves what you are saying. The insurance company will evaluate your claim and the negotiation between your personal injury attorney and the insurance company’s adjuster will begin.
The settlement value is decided by the strength of your liability claim and the extent of your damages. You can recover money damages if liability exists. You have to show negligence. Medical expenses, lost income and pain and suffering damages are used to determine the accident settlement value. Ultimately, if the insurance company makes too low of an offer, a community jury has the final say in determining the exact value of your injuries.
A St. Louis car crash lawyer offers a free consultation. Your attorney only gets compensated until he recovers a settlement on your behalf. You do not have to worry whether or not you can afford an attorney. Laws are meant to protect you as an injured person. In order to get fairly compensated, seek help from a top St. Louis car accident lawyer by calling 314-409-7060.