Frequently Asked Questions
There are so many things to think about once you decide to pursue the settlement you deserve after suffering a personal injury. How do cases like yours usually go? What does this legal gibberish mean? To address some of our clients’ questions, we’ve compiled a list of FAQs and their answers to make understanding complex legal happenings more manageable. Knowledge is power, and the S.E. Farris Law Firm of St. Louis wants you to be well armed.
General Personal Injury Questions
Because no one sets aside money for legal fees prior to an injury, personal injury lawyers charge a contingent fee, meaning that the attorney earns a fee only if the client gets money, on a percentage basis. In addition, the attorney advances the expenses to pursue the claim at no risk to the client, and those costs are paid back at settlement.
The statute of limitations to file a lawsuit in Missouri for personal injury cases is 5 years for most claims. Medical malpractice claims must be filed in 2 years, and wrongful death cases within 3 years. Intentional acts and work-related injuries have shorter limits period and notice requirements. However, there are special shorter limitations to give notice if you are injured on defective premises in certain cities. It is always best to make a claim as soon after an injury as possible- while you can legally pursue the claim up to the statute of limitations, delays make it more difficult to gather the evidence needed to win a claim.
If the insurance company doesn’t make a fair settlement offer after your medical treatment ends, it is time to file a lawsuit.
They are different names for the same thing.
If you get hurt and someone else is at fault, it is probably a personal injury case. The common case involves car wrecks, slips or falls, dog bites, medical malpractice, legal or other professional malpractice, and work-related injuries. Personal injury lawyers also handle insurance claims involving property damage/theft against one’s own insurer.
Call a lawyer. Professional insurance adjusters never take statements so they can pay more money, they take them to avoid payment. Your insurance policy requires you to cooperate with the insurer, and this can mean that you must give a statement. It is wise to have an attorney’s advice before you do, however.
Request the refusal in writing, and consult with an attorney. Insurance companies know that a large percent of denied claims will not be pursued, and will deny close cases to play those odds.
Call a lawyer! If you don’t have a case that is worth your time to pursue, we will tell you. Because a contingency fee is only paid if the law firm is successful, personal injury lawyers don’t take cases that are bogus. Unfortunately, that may also mean that a law firm doesn’t take a tough case. Always get a second opinion if your first choice doesn’t take your case.
Very few cases do, especially when you have an experienced lawyer. When our clients do go to trial, we will be prepared and equipped to fight for them, and they will be properly prepared as well.
A contingent fee is a percentage of a client’s recovery, paid to the attorney only if money is recovered. This percentage is not small because the attorney is risking time and expense for a case that may lose, and all injury cases can be lost.
You don’t- any case can be lost. If you hire an experienced lawyer, your chances of success increase.
Working with Your Lawyer
Bring what you have, let your potential lawyer tell you what is needed. Photos of crashed vehicles, defective property or products are always helpful. Your own insurance information, contact information for witnesses and the like are going to be necessary at some point as well.
Update your lawyer on changes in your condition, medical treatment, and your ability to work. Respond to requests for information promptly, and above all else, keep your contact information up to date.
Few people, especially those who have never had an injury before, are capable of recovering their losses against a professional claims adjuster. There is no way for a layperson (or a lawyer who doesn’t regularly try injury cases) to know the range of potential jury verdicts, and therefore your assessment of the value of your case is a guess.
Check reviews and credentials. If you find a lawyer who is experienced and knowledgeable, the right lawyer will have a good rapport with you, answer your questions and return your calls.
Request the refusal in writing, and consult with an attorney. Insurance companies know that a large percent of denied claims will not be pursued, and will deny close cases to play those odds.
The law is a regional profession, and a lawyer creates contacts in the legal community that can only be developed through time and experience. A law firm with a large advertising budget has to pay that bill, and they usually do so by settling lots of cases quickly, rather than working to get the maximum result for the client. Local law firms represent fewer clients and have more time for them.
NO! We have only represented injury victims and insurance claimants for 30 years.
While we can’t say that we specialize in Missouri, I am board certified to represent clients in civil trials, and have done so for 3 decades. Our practice has exclusively served injury victims and taken on insurance companies from the beginning, and we remain committed to that mission.
When you have questions about your personal injury case, we are happy to answer them. Call our St. Louis personal injury law firm at (314)-252-9937. You can also email us at courtnotices@farrislaw.org with your questions, or to set up a consultation for free legal advice from a lawyer near you.
Compensation
Any lawyer who gives an injury value without reviewing the medical damages and investigating the liability is making up a number! Additionally, the “value” of an injury may never be recovered if there are not enough collectible assets and insurance.
Many insurers wait to settle claims until a trial is imminent because they continue to collect interest on the money until they give it to the injury victim. In addition, 1-5% of injury victims never complete their claim and collect, so that delay can save the insurance company millions. The fastest way to settle an injury case is to hire an experienced, aggressive lawyer to push the insurance company to be fair rather than allowing them to ignore the case.
Most health insurance in Missouri does not qualify for reimbursement, which means if your health insurance pays your bills as you go, they will not stack up. Some doctors and hospitals will treat an uninsured patient on a lien basis, and they then get paid at the end of the case.
Yes! These non-economic losses, also called hedonic damages, are part of your claim and can often exceed your medical bills.
Damages fall into two categories- economic (medical bills, lost wages, damaged property) and non-economic (pain, worry, lost enjoyment of life.) You can be compensated for damages in these categories that you can prove.
There is no way for a layperson (or a lawyer who doesn’t regularly try injury cases) to know what a jury will award, and therefore your assessment of the value of your case is a guess. A car crash that results in a broken arm has a different value if the other driver was drunk or texting, for example. Where the injury happened can also impact the case value.
Only medical malpractice cases have recovery limits. Insufficient insurance or lack of insurance coverage is more likely to limit compensation. That being said, Missouri jurors are conservative and it is unrealistic to expect a million dollar verdict for injuries that resolved in a few weeks. Recovery is often limited by insurance coverage, both yours and the other party’s. Hiring an attorney helps ensure that you collect all of your damages.
Car & Truck Accident Questions
Sometimes. Cellphone carriers keep logs of calls and SMS messages, along with data use. Depending on the carrier, however, these logs can vanish in as little as 90 days. “Burner” phone logs are much more difficult to uncover.
A driver is charged to use the highest degree of care when driving for the circumstances presented. A driver in a flash thunderstorm is less culpable than one who hydroplanes when it has been raining for a long period of time.
Workers’ Compensation Questions
If an employer fires an employee for exercising workers’ compensation rights, they are liable for damages. Few employers will admit that they fired someone for an improper purpose, and proving the claim requires smart, early work by a lawyer.
Click here to read our guide on what to do when you’re hurt at work.
You can view all of our guides here as well as our infographics to learn more.