Personal Injury
1. What Benefits Do I Have a Right to Receive?
Missouri law provides that persons who sustain an injury as a result of someone else’s negligence have a right to receive the following five benefits: 1.) payment for property damage; 2.) payment for lost wages/income; 3.) payment for reasonable and necessary medical treatment; 4.) payment for pain and suffering; and, 5.) payment for any permanent disability.
2. What Is Negligence?
The breadth and context of negligence is so broad that it cannot be quickly defined. Attorneys will say that it is the failure to exercise the appropriate degree of care. In essence, that means doing some act or failing to do some act that causes injury or damage to someone else. In other words, the issue is whether someone is at fault for causing the injury or damage? If so, then that person is legally responsible.
3. What if the Other Driver Did Not Receive a Ticket from the Police?
Investigating police officers look for violations of criminal law. A violation of criminal law can lead to civil responsibility. However, the absence of criminal conduct does not preclude civil responsibility. Therefore, the failure to receive a ticket does not mean that negligence did not exist. For example, O. J. Simpson avoided criminal responsibility but was later found civilly responsible. One can exist without the other.
4. What If the Insurance Company for the Other Driver Says that It Will Not Pay?
This is a common situation because insurance companies frequently seek ways to avoid payment. If the insurance company can convince you for whatever reason that you do not have a claim, then the insurance company avoids payment. Insurance companies are financial institutions that frequently will look out for themselves disregarding your health and best interests. Keep this in mind when you deal with insurance companies–if you are willing to settle for an inadequate amount then the insurance company will not hesitate to let you do so.
5. What If the Other Driver Did Not Have Insurance?
Even though mandatory insurance is the law in Missouri, many drivers simply do not have any insurance. However, you may still be able to recover because every insurance policy issued in Missouri must have uninsured motorist coverage to provide insurance for this situation. If the other driver does not have insurance, then you can file a claim against your own insurance company. Your right of recovery is still the same.
6. Do I Need to Hire an Attorney?
Not everyone needs to hire an attorney. However, insurance companies have many lawyers ready, willing and eager to work against you. Never assume that an insurance company cares about your medical condition nor cares about you receiving fair compensation. Your pain does not hurt them. Consider this analogy. What if someone asked you to enter into a house building contest. Your competitors build houses every day for a living. Could you win the competition? Perhaps, but would your chances be greatly improved if you hired someone who built houses for a living? To continue the analogy, insurance companies and their attorneys build houses every day. To finish the analogy, the attorneys at Reynolds, Gold & Grosser, P.C., likewise build houses every day. Perhaps the help of the attorneys at Reynolds, Gold & Grosser, P.C., will assist you in competing with the insurance companies and their attorneys to receive the benefits that you are justly entitled to receive. Initial consultations for personal injury claims are absolutely free.