Personal Injury Lawyer St. Louis
Accidents and mishaps are often the result of unnecessary neglect. What might have been a harmless mistake could turn into a personal injury that is severely life-changing. After you’ve suffered a serious injury due to another’s neglect, you can seek compensation. In most personal injury cases, you can seek compensation from either the responsible parties or their insurance company. St. Louis personal injury lawyers can help you get fair compensation according to personal injury law.
To find out more about personal injury lawsuits or settlement compensation, get the help of a reliable lawyer. With the help of St. Louis personal injury lawyers, you can receive fair compensation. Reach out to Hipskind & McAninch, LLC today for a free consultation.
Can You Sue for Pain and Suffering in Missouri?
In the event that you suffered from a debilitating personal injury, you can sue the other party with the help of St. Louis personal injury lawyers. To sue the other party, your personal injury attorney would do the following:
Establish Damages
Your personal injury lawyer would establish that you have suffered actual damages. In Missouri, you can only recover for pain and suffering if you have also suffered actual damages, such as medical expenses, lost wages, or property damage.
Calculate Damages
To be successful in proving your case, your personal injury lawyer would then need to calculate the number of damages you are seeking for your pain and suffering.
Settling Outside of Court
Before going to trial, you may wish to consider settlement options with the defendant. This could involve your personal injury lawyer negotiating a settlement amount that both parties agree to, which would then be documented in a written agreement.
File a Lawsuit
Personal injury attorneys would need to file a lawsuit in the appropriate court, which depends on the number of damages you are seeking. In most cases, they will file one in the civil court. However, if there was malicious intent, your personal injury lawyer may file it in the criminal court.
Pre-Trial Mediation
The judge will require you to attend a meeting with the other parties to settle your personal injury claim so that a trial is not necessary. If no compromise can be made, then your personal injury attorney will represent you in court.
Trial and Discovery Process
At court, both parties will represent their case and also receive each others’ evidence and perform their own investigation. This discovery process can go on for a long time. The judge will review all of the information after each party’s case is made.
Prove Your Case
Your personal injury lawyer would need to prove that the defendant’s actions caused your pain and suffering. This could involve presenting evidence such as medical records, witness testimony, and expert testimony.
A Comparison of Benefits Between Going to Court and Settling Outside of Court
When parties involved in a dispute choose to settle outside of court, they can enjoy several benefits over going to trial. Here are some of the main advantages of settling outside of court:
Time and Cost Savings
One of the most significant benefits of settling outside of court is the time and cost savings. Going to trial can be a long and costly process. Settling a dispute outside of court can often be resolved more quickly and with less expense.
For example, let’s say a construction company is being sued for a personal injury caused by malfunctioning equipment. Instead of going to trial, the parties may choose to settle and come to an agreement sooner. This would be done without the investigation and discovery process that can take years to complete. This saves both parties time and money that would have been spent on the litigation process.
Privacy and Confidentiality
When disputes go to court, they become a matter of public record. Settlements outside of court, on the other hand, can be kept confidential, and the details of the agreement are not made public. This can be particularly crucial in cases where sensitive or proprietary information is involved.
For instance, if two parties are involved in a settlement dispute, they may choose to settle outside of court to avoid exposing confidential information to the public. They could come to an agreement that involves a compensation arrangement, which is kept private since lawsuits become public knowledge.
Flexibility
Settling outside of court provides more flexibility for the parties involved. They can create their own terms of the agreement, which may not be possible in a court setting where a judge or jury makes the final decision.
An example of flexibility is a personal injury settlement that is reached outside of court. This can allow for more creative and flexible arrangements for defining what should be included in the settlement.
Preserving Relationships
Settling a dispute outside of court can often help preserve relationships between the parties involved. In some cases, going to court can create hostility and resentment, making it difficult to maintain any relationship after the dispute is resolved. Settling outside of court can help keep the lines of communication open and maintain a more positive relationship.
For instance, if two parties are in a dispute over who is at fault, they may have to go to court. If they decide to settle outside of court, they can work together to create an agreement that addresses their concerns and preserves their privacy.
How Pain and Suffering Is Calculated
Calculating pain and suffering damages in a personal injury case can be a complex process, and there is no one-size-fits-all approach. One common method for calculating pain and suffering damages is the multiplier method, which involves multiplying the plaintiff’s economic damages, such as medical expenses and lost wages, by a multiplier to determine the pain and suffering damages. The multiplier can be anywhere between one and seven.
The multiplier used in the calculation can vary based on the severity of the injuries, the impact of the injuries on the plaintiff’s life, and other factors. A higher multiplier would be used for more severe injuries that have a greater impact on the plaintiff’s life, while a lower multiplier would be used for less severe injuries.
For example, if a plaintiff had $50,000 in economic damages such as medical expenses and lost wages and the multiplier used was 3, the pain and suffering damages would be calculated as $150,000, or 3 x $50,000.
The multiplier method is just one approach for calculating pain and suffering damages, and other methods may be used depending on the specific circumstances of the case. Additionally, pain and suffering damages are highly subjective and can be difficult to quantify, so the actual amount of damages awarded may vary from case to case. An experienced personal injury attorney can help assess the circumstances of your case and provide guidance on the potential amount of pain and suffering damages you may be able to recover.
What Is the Average Settlement for a Personal Injury Case in Missouri?
Personal injury attorneys can’t provide an average settlement amount for personal injury cases in Missouri because the amount of a settlement will depend on the specific circumstances for each unique case. The number of damages that a plaintiff may be able to recover will depend on factors such as the severity of their injuries, the impact of the injuries on their life, economic damages, and other factors.
Additionally, settlements can vary widely depending on the specific insurance policies involved and the willingness of the parties to negotiate. A plaintiff who has suffered severe injuries and has a strong case may be able to recover a substantial settlement. On the other hand, a plaintiff with less severe injuries may be offered a smaller settlement.
If you have been injured in an accident and are considering pursuing a personal injury claim, consult with a licensed attorney who can assess the circumstances of your case and provide guidance on the potential amount of damages you may be able to recover. An attorney can help negotiate with insurance companies and fight for the compensation that you deserve.
What Factors Affect How Much You Receive for Pain and Suffering Settlement
There are several reasons why your settlement income may be more or less. This includes the following:
The Severity of the Injuries
The more severe the injuries, the higher the pain and suffering damages are likely to be. Severe injuries that cause long-lasting or permanent effects are likely to result in higher pain and suffering damages. This is compared to minor injuries that fully heal over a shorter period of time.
The Impact It Had on Your Life
Pain and suffering damages are intended to compensate you for the impact that your injuries have had on your life. This can include factors such as the ability to participate in hobbies or activities, the ability to work, and the ability to enjoy daily life.
The Victim’s Age
If the victim was a minor or younger, they may be awarded higher pain and suffering damages because they have a longer life expectancy and more years of potentially experiencing the effects of the injuries.
Number of Economic Damages
In some cases, the number of economic damages such as medical expenses and lost wages may be used as a basis for determining the amount of pain and suffering damages. The higher the economic damages, the higher the pain and suffering damages are likely to be.
Comparative Fault
If the other party is found to be partially at fault for the accident or incident that caused the injuries. This may reduce the amount of pain and suffering damages that they are able to recover.
Jurisdiction or Court Precedent If Applicable
The laws and court precedents in the jurisdiction where the case is being heard can also affect the amount of pain and suffering damages that are awarded.
Can I Sue for Emotional Distress?
It is possible to sue for emotional distress in a personal injury case, although the specific requirements for doing so may vary depending on the jurisdiction and the specific circumstances of the case.
Emotional distress refers to the psychological harm that a plaintiff has suffered as a result of the defendant’s actions. Emotional distress can include a range of conditions, such as anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health issues. Emotional distress can be caused by a variety of factors, such as physical injury, sexual harassment or assault, or other types of traumatic events. If you recently suffered from emotional distress, you can speak to personal injury attorneys to learn about your case.
What Is the Difference Between Pain and Suffering and Emotional Distress Personal Injury Claims?
While emotional distress is often closely related to pain and suffering, there are vast differences between the two. Pain and suffering generally refers to the physical and emotional pain that a plaintiff experiences as a result of their injuries. Emotional distress specifically refers to the psychological harm that a plaintiff has suffered.
In some cases, emotional distress damages may be more difficult to quantify than pain and suffering damages, as there may be no clear economic damages that are directly tied to the emotional harm. However, emotional distress damages may be available in cases where the plaintiff has suffered significant psychological harm as a result of the defendant’s actions.
If you believe that you have suffered emotional distress as a result of another party’s actions, talk to a knowledgeable personal injury attorney who can assess the circumstances of your case and provide guidance on the potential for recovering damages for emotional distress.
How Long Does It Take To Get a Compensation Payout?
The time it takes for a personal injury claim to be paid can vary widely depending on a number of factors. Some cases may be resolved relatively quickly, while others may take many months or even years to fully resolve. For smaller claims, such as those involving relatively minor injuries, the process may be resolved within a few weeks to a few months. However, for more complex cases or those involving more significant injuries, the process may take several months or even years to fully resolve.
In general, the timeline for a personal injury claim will depend on factors such as the severity of the injuries, the complexity of the case, the number of damages involved, and whether the other party is open to settling. If you have been injured and are considering pursuing a personal injury claim, you can consult with personal injury attorneys who can assess the circumstances of your case and provide guidance on the potential timeline for resolving your claim. An attorney can work to ensure that your case is handled as efficiently as possible. St. Louis personal injury lawyers will fight for the compensation that you deserve.
How Long Does It Take for a Personal Injury Claim to Be Paid?
The length of time it takes to receive a compensation payout in a personal injury case can vary depending on a number of factors. Some of the key factors that can affect the timeline include:
Type of Injuries
Cases involving more serious injuries may take longer to resolve than cases involving less serious injuries.
Case Complexity
Cases that involve multiple parties, disputed liability, or complicated legal issues may take longer to resolve.
Settlement Amount
In some cases, insurance companies or defendants may take longer to pay out larger settlement amounts.
Settlement Negotiations
Negotiations with insurance companies or the other party, as well as court proceedings, can take time and may delay the disbursement of settlement funds.
Compliance With Legal Procedures
Settlement funds may not be disbursed until all necessary legal procedures have been followed, such as obtaining court approval of the settlement.
Appeals
Your settlement disbursement may be delayed if there are appeals or other challenges to the settlement.
Source: spinalcord.com
Common Types of Personal Injury Accidents
There are many different types of personal injury accidents, each with its own unique set of circumstances and potential causes of action. Here are some common types of personal injury accidents, along with an example of each:
Car And Other Motorvehicle Accidents
Car accidents are one of the most common types of personal injury accidents. Bicycle accidents, truck accidents, motorcycle accidents, pedestrian accidents, and Uber accidents are also common. They can be caused by a variety of factors, including distracted driving, drunk driving, speeding, and reckless driving. For example, a driver who is texting while driving crashes into another car, causing injuries to the occupants of the other car.
Slip and Fall Accidents
Slip and fall accidents can occur on a variety of surfaces, including uneven pavement, wet floors, and icy sidewalks. They can be caused by a number of factors, such as poor lighting or inadequate warning signs. A good example is if a person slips and falls on a wet floor in a grocery store, suffering a broken leg.
Medical Malpractice
Medical malpractice occurs when a healthcare professional fails to provide the appropriate standard of care, resulting in harm to the patient. A common example is if a surgeon performs a surgery incorrectly, causing the patient to suffer serious complications.
Product Liability
Product liability cases arise when a product is defective or dangerous, causing harm to the consumer. One example is when a consumer is injured by a defective power tool that malfunctions during use.
Dog Bites
Dog bites can be caused by aggressive dogs or by owners who fail to properly restrain their pets. For example, a person could be bitten by a dog while walking in their neighborhood.
Workplace Accidents
Workplace accidents can occur in a number of settings, including construction sites, factories, and offices. A bad workplace or construction accident can be caused by a variety of factors, such as unsafe working conditions or inadequate training. This can happen if a worker falls from a scaffold at a construction site, suffering serious injuries.
Common Injuries Experienced in Personal Injury Claims
Personal injury claims can arise from a wide variety of accidents, and the injuries that claimants experience can vary widely depending on the circumstances of the accident. Here are some common types of injuries that personal injury claimants may experience:
Soft Tissue Injuries
These are injuries to muscles, ligaments, and tendons. Soft tissue injuries can be caused by various kinds of mishaps, such as car accidents, slip and fall accidents, and workplace accidents.
Fractures
Fractures, or broken bones, are a common type of injury in personal injury claims. They can be caused by a heavy impact, such as a hard surface or object.
Head Injuries
Head injuries can range from mild concussions to more severe traumatic brain injuries. They can be caused by a variety of accidents, such as car accidents, slip and fall accidents, and sports injuries.
Back and Spinal Cord Injuries
Back and spine injuries can be caused by accidents such as car accidents and slip and fall accidents. They can range from relatively minor strains to more severe injuries such as herniated discs and paralysis.
Burns
Burns can be caused by volatile accidents, such as fires, explosions, and exposure to hot liquids or chemicals.
Amputations
Amputations are the loss of a limb or extremity and can be caused by accidents such as workplace or car accidents.
Scarring or Disfigurement
Scarring and disfigurement can be caused by a variety of accidents, such as burns or lacerations.
Wrongful Death
A personal injury that is catastrophic and unrecoverable can result in the death of the personal injury victim. In this case, you’ll need a wrongful death attorney to guide you.
Every personal injury case is unique. Personal injury victims need to have the support they need to manage their physical, emotional, and financial needs. In some cases, a settlement may be reached relatively quickly, and funds may be disbursed soon after. In other cases, however, the process may take several months or longer. It’s important to work with an experienced personal injury attorney who can help guide you through the process and work to ensure that you receive the compensation that you are entitled to as quickly and efficiently as possible. Pay us on a contingency fee basis only after we win your case. Contact Hipskind & McAninch, LLC in St. Louis for a free consultation.