Posts Tagged ‘Missouri personal injury lawyers’

How Insurance Carriers Determine The Value Of An Injury Claim

Wednesday, January 1st, 2014

Making a determination of the monetary value of injuries sustained in a motor vehicle accident is a significant aspect of any personal injury claim.  Oftentimes, it is the most difficult part of a claim to establish, and varies depending on the circumstances. The following is an overview of how insurance companies assess the value of an injury claim.

To determine what a claim is worth, and what an insurance company must compensate for, the types of damages must be ascertained. Typically, a person who is at fault in an accident must pay the injured person for any damages sustained, which is usually covered by his/her liability insurance company.  Such damages include, but are not limited to, medical care and related expenses, permanent physical disability or disfigurement, damaged property, income lost due to the accident, missed experiences and lost opportunities, and emotional damages, for example, stress, embarrassment, anxiety, and/or depression, to name a few.

Generally, when determining the actual amount of compensation owed, for the most part, it is the equivalent of adding up the money spent and money lost. However, in cases involving pain and suffering, or missed experiences and lost opportunities, there is not a precise way to equate a dollar figure with the nature of such damages.  For this reason, as a way of coming up with a consistent, justifiable, and fair amount, insurance companies implement a standard damages formula to establish a final figure.

In the initial stages of claims negotiations, an insurance adjuster will calculate the overall medical costs associated with the injury, often referred to as specials or medical special damages.  This number is the base figure the adjuster uses to determine the amount of compensation to pay the injured person for pain and suffering, and/or other nonmonetary losses, also known as general damages.  When the injuries sustained are relatively minor, the amount of what is considered special damages, are multiplied by 1.5 or 2. When the injuries are serious, or more permanent, the adjuster multiplies the amount of special damages by up to 5.  In extreme cases, the multiplier may be as great as 10. Before the generalized amount of damages are deduced, if relevant, the adjuster adds on any income lost as a result of the injuries.  Keep in mind this generalized figure is not a final compensation amount, but only a number which the insurance company will begin negotiations with.

The extent of each person’s fault, otherwise known as percentage of fault, is the most critical factor affecting the amount an insurance company is likely to pay. The damages formula explained above indicates the extent of how much your injuries might be worth, however, only after a determination of fault is concluded, will the actual value of your compensation claim be resolute, and thus the insurance company will pay you.

In conclusion, there is no exact science when determining fault for an auto accident. With most claims, it will not be difficult to ascertain whether the insured person was entirely at fault, or if the injured party is to blame as well.  In situations involving comparative fault, where both parties are partially liable, regardless of the percentage of fault by either party, the damages formula amount will be reduced by the injured party’s percentage of liability to arrive at a final figure of compensation. Cases regarded as relatively successful, the insurance carrier pay out will encompass the full amount of your expenses, and make you whole again financially. On the other hand, where the initial settlement offer is inadequate, go back and speak with the claims adjuster, they may be willing to negotiate an increased amount.  If you are unable to reach an agreement with the adjuster on a final amount, you may have other legal options to pursue, such as speaking with an adjuster’s supervisor, mediation, arbitration, or small claims court.

If you are involved in a Missouri personal injury claim and seeking legal advice, contact the law firm of Hubbard & Kurtz at (816) 472-HOPE (4673). Our experienced staff of attorneys will assist you with any legal questions or concerns you have that are associated with an auto accident claim.

If you are involved in an auto accident in Missouri and seeking legal advice or representation, contact The Law Offices of Hubbard & Kurtz, L.L.P. at (816) 472-HOPE (4673) today! The firm’s extensive knowledge and experience with personal injury law will help ensure you receive the compensation you deserve.

Addressing Medical Injuries From an Auto Accident

Monday, October 21st, 2013

Automobile accidents occur throughout Missouri on a daily basis.  As a result, many motorists suffer medical injuries, whereby sometimes the actions (or inactions) of other parties involved are to blame. While it would be impossible to reverse injuries that may have occurred, personal injury law allows a way for the injured to be “made whole” once again. Generally, such relief provides the injured with monetary compensation, also known as “damages.” Other remedies may also be available, for example, a judge’s order to take a particular action. However, lawsuits for auto accident injuries are typically settled out of court, prior to the court reaching a verdict.

Importantly, knowing your own medical history allows for better insight and preparedness should injuries occur.  Oftentimes a lack of knowledge and awareness can cloud or confuse judgment when determining the scope and existence of a current injury.  Although serious injuries are not always the outcome of every single accident that takes place on city streets and highways, the metal and various other materials used to construct vehicles can result in severe bodily damage for both drivers and passengers. Ultimately, whether the injury is minor, as in whiplash, or more serious, resulting in concussions, severed limbs, head trauma, broken bones, burns, and various other bodily harm, medical fees and expenses can be recouped for injuries against the party that caused the auto accident.

Following a few crucial steps immediately after an accident will put you in a better position, should you decide to pursue legal action after the fact.  First and foremost, if you have any physical injuries as a result of the accident, it is imperative to receive medical attention as soon as possible.  Sometimes, serious physical injuries are not evident immediately, particularly internal damage, so even if you believe you have only sustained minor bruises and cuts, it is in your best interest to get a full medical examination. The next step is to call 911 or law enforcement to report the accident, and to request an officer at the scene to make an official account for the record. Remember to tell the dispatcher your location, as well as any noticeable physical injuries you have suffered. Prior to law enforcement arriving, write down the details of your account of the accident and everything you have observed, summarizing the event for your own records. Also, if available, make sure to obtain the insurance information of the other driver involved in the accident.

In the event that it seems like a minor accident with no apparent physical injuries, a visit to the hospital soon after the accident should not be delayed. You may feel perfectly fine at the scene, but once law enforcement officers clear you, and the damage to your vehicle is minor, it is advisable to get checked out immediately at the closest hospital facility.  If your vehicle is damaged to the extent that you are unable to drive it, ask for a rescue vehicle or ambulance to transport you to the nearest hospital before doing anything else. The most important thing post-accident is verifying the status of your health. Any expenses incurred as a result of the process, i.e. the ambulance bill, can be addressed at a later point.

It is also crucial to be aware of the fact that numerous physical injuries from accidents require medical care over a long duration of time, or for a greater period than originally expected.  Additionally, a minor wound may entail a large amount of pain and discomfort, which could lead to more serious problems.  If you have a legitimate claim for physical injuries sustained as a result of an auto accident, a personal injury lawyer will thoroughly prepare your case by dealing with insurance companies, analyzing the evidence, applying the law to your benefit, and negotiating a settlement, if necessary, to deliver the results you deserve.

If you have suffered physical injuries from an auto accident and seeking legal advice on how to pursue your claim, contact Hubbard & Kurtz, LLP today at (816) 472-HOPE (4673), for more information. Our staff of experienced attorneys has extensive knowledge of personal injury law in Missouri, and can provide you with the necessary expertise required to get you the damages you deserve!