Do I Have A Personal Injury Claim?
You have a personal injury claim if you have been injured
and the injury was caused by someone else’s actions. In a
personal injury claim there are three different standards
of liability. A person can be found liable for causing
another’s injuries through: negligence, strict liability,
and intentional acts.
LongoBiggs, LC will determine what standard of liability
should be used in each individual case. Different states
use a variety of rules when determining whether a person can receive compensation if they are partially at fault for the injury that occurred. In Missouri, a Comparative Fault rule is used. This rule allows for some Plaintiff’s to receive compensation even if they are partially at fault for the injury.
What Should I Do If I Am Injured Or In An Accident?
After an injury or accident occurs it can be very confusing time. The St. Louis injury and accident lawyers at LongoBiggs, LC recommend you follow these steps if you have been injured or involved in an accident:
Use a Medical Professional. Have all of you injuries examined and treated by a medical professional. Even injuries that appear minor and do not cause much pain initially, they can lead to serious medical problems in the future.
Take Photographs and Document the Occurrence. After an injury or accident, take photographs of all of your injuries and the source of injuries. For example, if you have been in a car accident take photographs of all the damage that occurred to each car that was involved, or if you have been hurt by a product, preserve the product in the condition in which it harmed you.
Only speak with your Lawyer and the Police. The insurance company of the person who caused your injury or accident will likely send an investigator or adjuster to take your statement. Your statements will only be used against you and it is best if you decline to speak with them. Speaking with the insurance companies can lead to reduced compensation for your injuries.
Do not sign anything. Insurance companies will attempt to have you sign an authorization granting them access your medical records. It is your legal right, and in your best interest, not to give insurance companies access to your medical records. Providing medical records to the insurance companies can lead to reduced compensation for your injuries.
Do not take a quick settlement. When you are offered a quick settlement, it is almost certain that it is low. Hiring our firm will ensure that you will not accept a settlement much lower than you deserve. We understand how insurance companies work and will use that knowledge to ensure you are not taken advantage of.
Hire a Lawyer. LongoBiggs, LC prides itself on aggressively fighting on behalf of our injured clients. But even if you choose to not hire us, we strongly encourage you to find an attorney to assist you after an injury or accident. Without help on your side, the process of recovering from your injuries can be extremely unfair and difficult. Do not miss out on the compensation you deserve.
Do I Need A Lawyer If An Insurance Company Is Helping Me?
We strongly advise seeking the help of a personal injury lawyer once you have been injured. The insurance companies are in business to make a profit, not protect your interests. Anyone working for the insurance company is attempting to settle your case for the lowest amount possible. At LongoBiggs, LC, we seek to get you the largest amount possible for your injury. We do so by investigating the circumstances surrounding your injury, identifying all at-fault parties, interviewing any witnesses, and using all the evidence available to seek the maximum amount of compensation for your injury. Contact us to discuss how we can help you.
How Much Time Do I Have To File A Claim Or Lawsuit?
Each state has time limits, called Statutes of Limitation, on how long a person has to file a personal injury or wrongful death claim. In Missouri, you may have as little as two years or as many as five years from the date of the injury or reasonable discovery of the injury to file your lawsuit. Depending on the circumstances of your case, you may have a shorter or longer period of time in which to file a claim. However, if you have been injured due to someone else’s actions, it is important to seek the advice of an attorney immediately to avoid losing potential evidence or witness testimony, and for assistance dealing with insurance companies and other parties.
My Family Member Was Killed In An Accident. Can I File A Lawsuit Against The At-Fault Party?
If you have lost a loved one due the actions of another person, you may be able to file a wrongful death suit for up to three years after the death. Missouri law limits the parties who can sue for wrongful death to the: spouse, children, grandchildren, parents, siblings, and nieces and nephews. If none of these relatives are able to bring a claim, Missouri law may allow a competent party to sue for damages.