If you are involved in an accident where the actions of another individual were negligent, you have a claim for a personal injury case. Typically, such accidents involve motor vehicles, including automobiles, motorcycles, trucks, and airplanes, among others. Negligence is generally defined as the failure to exercise a degree of care that, under the circumstances, the law requires. For example, if a driver fails to stop his/her vehicle at a stop sign, as a reasonable person should, and an accident occurs, under the circumstances he/she could be considered negligent and responsible for damages. Such damages typically include emotional and physical injuries, or even death caused by his/her negligent actions.
Injuries sustained in an accident need not be only physical in order to pursue damages. Emotional distress is also a cause of action that may entitle you to compensation. In cases where death results from an accident, surviving family members can sue to recover damages through a wrongful death action.
For the most part, personal injury claims involve only minor injuries. However, do not let this discourage you from pursuing a claim, you may still be entitled to substantial monetary damages. Whether you realize it, no matter how small your medical expenses may seem initially, they can easily accumulate. Medications, hospital visits, and/or therapy can all be recovered. Furthermore, in situations of extreme negligence, punitive damages may be recovered to ensure the conduct causing the accident is not repeated again.
When pursuing personal injury damages, generally, there are two ways to approach a claim for compensation—litigation and mediation. Litigation is considered the more traditional route, whereas mediation has only become more popular in recent times. In fact, during the past several years, mediation has become an even more widely used method than litigation when reaching a reasonable compromise settlement in personal injury or wrongful death claims. Especially with cases that could be potentially expensive and difficult to litigate, mediation has been the choice method. Mediation, when administered effectively, allows for quicker results, ending the claim with less costs to the client, and equally satisfying results. It is an extremely cost-effective process for all parties involved. In cases where mediation fails, the dissatisfied injured individual can pursue litigation and a jury trial without any additional penalties.
Once there has been a determination that damages can be pursued in a personal injury claim, many people contemplate if they really do need to hire an attorney to handle their case. Besides reducing a client’s stress, managing all procedural aspects of the case, and having extensive knowledge and experience to produce a successful outcome, it is more likely than not, there is a better chance a personal injury attorney will secure more damages than you will be able to for yourself.
When choosing a personal injury attorney, there are several factors to consider in terms of whether they are qualified to handle a particular case. It is important to ask certain questions when seeking counsel in order to determine if an attorney is right for you. For example, how long the attorney has been in practice, does he/she have experience with similar cases, what are the monetary results the attorney has recovered for previous clients, is the attorney prepared to take your case on a contingency basis, and does he/she have the financial resources necessary to do so.
When it comes to the costs of hiring a lawyer to handle your claim, a personal injury victim with a strong case generally will not have to pay any out of pocket expenses. Most reputable and experienced attorneys in this area of practice will agree to take the case on a contingency basis, by covering all expenses during the trial, and recovering his fee as a percentage of the damages awarded.
If you are involved in a Missouri personal injury claim and seeking legal advice, contact The Law Offices of Hubbard & Kurtz, L.L.P. today at (816) 472-HOPE (4673). Our experienced staff of attorneys will assist you with all legal questions and concerns associated with your auto accident claim.
