Third Parties That Can Claim a Share in a Auto Crash Settlement – St. Louis Attorneys

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A person who is injured in a car accident may succeed in getting a settlement after a lot of negotiation. But they may be surprised to learn that a major part of it has been paid to third parties and not much has come to him directly. This is due to the numerous liens on a settlement. All the liens should be taken into account when the settlement is being negotiated so that the settlement amount exceeds the person’s debts. Our St. Louis auto accident attorney will discuss this in detail.

Liens on a Car Accident Claim

A lien is the right of a person to possess the property of another person until he repays a debt. A lien holder can claim a share in the person’s car accident settlement. However, he has to get the approval of the court to do so.

Some of the parties which generally file claims for a car accident settlement are doctors’ offices, hospitals, health insurance and auto insurance companies.

Healthcare Providers

Doctors, hospitals and other healthcare providers are often some of the lien holders in a car accident settlement. Some of them may place a lien on the settlement while others may agree to a partial payment.

Hospitals and doctors bills may have to be paid from the settlement. Often, a doctors’ office or a hospital refuses to submit their billing through the person’s health insurance carrier. They prefer to issue a ‘claimed lien’ against the car accident settlement and wait for the full payment from the settlement when it is received. However, there are certain limits for the amounts that healthcare providers can claim from such settlements.

Health Insurance

The health insurance company takes up the responsibility for taking care of the person’s medical treatment and pays the medical bills for him. So it can request that the repayment is made from the car accident settlement. This depends on the kind of coverage. For instance, if the health insurance is via employment the person may have an ERISA protected plan. In such a situation, an ERISA lien could be placed on the car accident settlement.

Auto Insurance

If the person has medical pay in his auto insurance plan, some of his medical bills are paid by his auto insurance carrier. Therefore an auto insurance company can ask for a share in the settlement proceeds. But in many places, auto insurance carriers are not allowed to claim a share in a car accident settlement.

The plaintiff files a claim for a settlement in order to compensate for his losses. But, the lien holders have to be paid before he gets the settlement proceeds. If a major part of the settlement is used for paying the lien holders the claimant may not get enough reimbursement for his damages. In order to get a favorable outcome for him, it is essential to ensure that the claims made by the third parties are legitimate and have been taken into account during the negotiations for the settlement. An experienced St. Louis car crash lawyer can help get the compensation that you deserve.

 

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What to Do After a Car Crash – St. Louis Lawyer

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Car accidents can happen to anyone, at any time. Those who have been in an automobile accident – minor or major – know that everything, right from dealing with injuries to insurance companies and the law is neither pleasant, nor easy.

While notifying the authorities is the first thing that most accident victims should do, it is not necessarily the first thing that comes to their minds. At that very moment, not everyone might have the ability or the presence of mind to always do the right things first. However, it is definitely important for everyone – accident victim or not – to understand what they should do in the event of an accident.

 

Get medical attention

Often, accident victims who do not have significant injuries do not seek immediate medical attention. Certain injuries, especially internal injuries can at times take more than 24 to 48 hours to show their effects. Injuries such as internal bleeding, internal damage to organs, closed head injuries like whiplash, etc. can cause severe damage and even cause permanent disabilities if left unchecked.

Not seeking medical attention immediately after an accident can also have repercussions on a civil suit. Most car accident lawyers recommend an examination to their clients, inquire if medical treatment was sought after the accident, and ask for a report even if the medical examination shows nothing.

Contact the police

However minor the accident may be, it is imperative to notify the police. Once contacted the police officer on duty will survey the scene of accident, interview those involved in the accident, issue a ticket if necessary and write an accident report.

The police report is an important document that is required in cases that result in a suit. Moreover, any experienced lawyer will ask to see the police report filed.

Contact an accident attorney

It is essential to make sure that accident victims contact a professional, experienced and qualified St. Louis car accident lawyer, before contacting their insurance company.

One can never ascertain how an accident case can unravel. Notifying a lawyer, right from the beginning can help in easing out the entire process, right from dealing with legal authorities and insurance agents to generating correct reports that help in identifying fault.

Call the insurance company

Many accident victims fear the negative if they call their vehicle insurance companies, and often prefer to sort out the issue with a handshake. One can never know the extent of damage that has taken place, and neither can they be sure that a verbal promise of payment for damages will be kept. In such cases, not reporting the accident to the insurance company might wipe out any chances of claim recovery later on.

It is thus wiser to follow protocol and file a claim for damages with the car insurance company.

Consult with your attorney before accepting any settlements

Insurance companies will obviously try to settle for as little as they can. A qualified St. Louis auto accident attorney should always be consulted before entering into any agreements, to ensure that a fair settlement is made.

Once in a car accident, there are a number of laws and legal procedures that need to be followed and that are often time bound. A car accident lawyer can assist with these and ensure that victims get what they are entitled for.

Call (314) 361-4242 for a FREE and private case evaluation.

https://www.hoffmannpersonalinjury.com/

Lost Wages After a Auto Accident – St. Louis Attorney

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There are times when injuries are so severe in a car accident that a person is unable to perform in the same capacity as they did prior to being hit. If you are unable to return to your former position at work for an extended period of time due to your injuries related to the car accident and the need for medical treatment, and your employer lets you go, you might have recourse for your lost wages. If an employer can’t go the extended time without your services and needs to hire someone to take your place, then it might be possible for you to get compensation.

If you lose your job because of the injuries you sustained from an accident, then you may be able to pursue a claim against the other driver. If you should lose your position at work, you can claim special damages. Special damages typically include things like loss of wages, income, benefits, business opportunities and profits. You will probably be awarded the amount that you would have received if you didn’t have to take time from work. A loss in special case claims is calculated from the date your medical condition is stable, and you can return to gainful employment, to the date of your injury.

See: Reimbursement for Lost Income: Unable to Work Due to Car Accident

It is also possible for you to claim general damages. They are things like future loss of earnings and whatever capacity to earn money you had prior to the accident. To recover for these types of future losses, you have to show that you would have had the potential to make the earnings you are claiming. A more subjective amount, the court will decide how much earning potential you had before you were injured in the accident. They will likely compare how much you will earn after your disability versus your capacity if you weren’t injured.

If you want to sue for your lost job, you will need to provide proof that your medical condition was the result of your not being able to return to work and the subsequent loss of your job. That will entail a physician’s note, a disability slip, and any other medical proof that you have related to your condition and injuries. The letter should generally state specifically that your loss of job was directly related to your injuries.

There is something called a damages cap, however. It is the maximum amount that you can collect on any lawsuit that you initiate. In Missouri, there is a cap related to non-economic damages which is what job loss would typically fall under. So, before you sue, make sure that you weigh what it will cost to go through a potentially long court case versus the maximum you can be awarded due to your non-economic damages if you win.

If you lose your job due to an St. Louis auto accident injury, you might be able to recoup for your loss earnings and wages both during your recovery time, and if you are disabled, into the future. To ensure that you are compensated fairly, it is imperative to have the help of a St. Louis car accident attorney to help you through the complexities of a court case. Call (314) 361-4242 for a free consultation.

St. Louis Car Wreck Lawyer Discusses Backseat Safety

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Passengers depend on the driver to avoid car accidents. They are at serious risk of suffering injuries if a crash happens, especially if they are not buckled up properly at the time the collision occurs. Recently, the Governors’ Highway Safety Association published a report that highlighted the risks that backseat passengers face when they are not wearing a seat belt. The report shows that many people suffer severe injuries because they are not wearing a seat belt. In this post, our St. Louis car accident lawyer will discuss this issue in detail.

Unbuckled passengers face high risk of car accident injuries

According to the Governors Highway Safety Association, each year, hundreds of unbuckled adults in the rear seats of cars are killed and hundreds suffer serious injuries. In 2013, 883 passengers in the age group of 8 and above were killed in a car accident when they were in the back seat without wearing a seat belt. The GHSA estimates more than 400 passengers who were killed in car accidents would have been alive if they were buckled up at the time of the crash. The fatality risk is three times higher for a person in the back seat who is not wearing a seat belt at the time of the crash. So, your chances of getting killed in an accident are significantly higher if you choose not to wear a seat belt while riding as a passenger in the backseat of a car.

Quite surprisingly, despite the importance of wearing a seatbelt in the backseat, as many as 32 states do not have strong requiring backseat passengers to wear seat belts. This contributes to myths that backseats are safer than the front seats and it is not really important to buckle up when you riding in the backseat. Due to such misconceptions, only 78 percent of the adults admit that they wear a seatbelt in the back seat while 87 percent wear it when they are riding in the front seat.

The GHSA also indicates that the risk to backseat passengers is even higher during the holiday season, because many people take road trips and are unconcerned with whether or not the adults and children in the backseat are buckled up or not. They also believe that the risk of injury has also increased with more people using ride sharing services.

St. Louis Car Accident Lawyers

If you have been injured in a St. Louis car accident as passenger or driver, you may have a claim for compensation from the party at fault. Give us a call 24/7 at (314) 361-4242 to learn more about your legal rights and schedule a free consultation with an experienced car accident attorney in St. Louis.

Why Elderly Victims Take Longer to Heal From Car Accident Injuries – St. Louis Attorneys

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With Baby Boomers aging, the number of elderly drivers is rapidly increasing in the United States. According to the US Census Bureau, there will be close to 10 million people aged 85 years or older by 2030. This means an increase of 73 percent from the elderly population today. As of today, there are over 30 million drivers over the age of 65 on US roads. Older drivers make up almost 15 percent of licensed drivers. Experts are of the opinion that around the age of 65, drivers start facing a higher risk of causing an accident. Moreover, their chances of surviving a crash-related injury also reduce significantly. For this reason, older drivers are considered among the worst victims of car accidents. There are studies to prove that elderly victims often recover slowly, if at all they do, from car accident injuries. In this post, our St Louis auto accident attorney will discuss results of one such study.

Elderly victims of St. Louis car accidents

It is a known fact that recovery time for various types of car accident injuries varies, however, a recent study has shown that there is at least one that can slow down a person’s ability to heal, and this factor is the victim’s age. Researchers have found that elderly drivers tend to report pain for much longer periods of time after an accident compared to their younger counterparts. The study was published in the Annals of Emergency Medicine, and it was reported that more than 50 percent of the senior citizens, who suffer serious injuries in car accidents admit to using pain relievers for as long as six months after the crash.

The study data also showed that doctors gave these elderly victims a prognosis of being completely healed in a period of 30 days. Researchers found that around 72 percent of the participants complained of moderate to severe pain after the crash. After six months, a quarter of patients still reported moderate to severe pain. These patients also reported other health complications. Those suffering from severe pain after six months of the crash reported a decline in physical function. Also, 23 percent of these patients reported having to change their living situation in order to receive more help.

Legal help for elderly victims of car accidents

Even minor injuries can cause significant pain and lead to complications. Serious injuries such as spinal cord or brain injuries could shorten the life span of an elderly car accident victim. They also require more time to recover from injuries, even if they are seemingly minor. If the car accident was caused by another driver’s negligence, you may be able to recover compensation. A competent and experienced St. Louis accident lawyer can help recover adequate financial compensation to cover medical costs and other losses including pain and suffering.

Call (314) 361-4242 for a free consultation with an experienced St. Louis car accident attorney.

The Awful Repercussions of a T-Bone Accident

A T-Bone accident can result in a multitude of injuries, including serious head trauma and fatalities.

A T-bone car accident is when a car is struck at a perpendicular angle. This type of crash can cause a multitude of injuries, including serious head trauma and fatalities. If you have recently been injured in a T-bone crash caused by a negligent driver, contact a St. Louis car accident attorney immediately. There is a good chance that your medical treatment will be lengthy and costly; begin pursuing compensation as soon as possible.

Fatality Rate for T-Bone Collisions

Compared with head-on and rear-end collisions, the fatality rate for broadside collisions is much higher. The reason for this is simple. There is very little protection offered by the doors of your vehicle compared with the distance between you and the force of impact in other types of collisions. Add to this the increasing number of large SUV’s on the road, and the number of serious injuries and deaths from a T-bone accident rise even higher.

The most common cause of a broadside collision is a driver’s failure to yield for a red light. Busy intersections are often the scene of these deadly accidents as a car careens through passing traffic until colliding with the side of another.

Case Study – Severe Injuries Suffered Resulting From T-Bone Collision

A St. Louis driver suffered a severe back injury after being T-boned at an intersection. The defense in this case chose to settle for $1 million during mediation proceedings rather than go to trial. This is typical in this type of crash as the defense recognizes the negligence of running a red light and how vulnerable their client would be to punitive damages if a jury were to rule on the case.

The severity of the impact of a T-bone accident could cause a number of injuries for the driver or passenger injured in the crash. Head, brain, and back injuries are common as are neck injury, chest and torso injuries, and fractures to the pelvis and femur. Head trauma has become a bigger concern in recent years as the size of SUV’s makes the point of impact higher than if the car were to be struck by another passenger vehicle.

Protecting Yourself and Your Passengers

To help protect yourself and your passengers, look for a car that has the following safety features:

  • Side curtain airbags – This provides protection to your head in the event of an accident and have become standard on all cars.
  • Torso airbags – These are placed lower than the side curtain airbags. These protect your chest and midriff in the event that your car is struck on the side.

There is little you can do to avoid the negligence of a driver other than making sure your car is as safe as possible and always watching for oncoming cars before entering an intersection. If you are involved in a T-bone accident, call The Hoffmann Law Firm, L.L.C. at (314) 361-4242. We will review the details of your accident and help you determine if you should pursue compensation for the injuries that you have sustained.

Head on Collisions – Are You Entitled to Compensation?

For a St. Louis driver, head on collisions are frequently the most dangerous accidents.

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Accounting for only 2% of all car accidents, head on collisions are responsible for 10% of fatalities caused by one. Drivers who have been injured in this type of accident will benefit from the assistance of an experienced car accident lawyer. Your attorney can make sure that all of the medical bills and pain and suffering endured are taken care of by the negligent driver who caused the crash.

Head on collisions cause the most devastating of injuries, including traumatic brain injury, spinal chord injuries, extensive internal injuries and bleeding, and broken bones. The medical expenses for these types of injuries will be financially devastating and the recovery period long and hard. Your best chance at protecting yourself and/or your loved one after being hurt in this type of accident is by seeking compensation with the help of a St. Louis car accident lawyer.

Take for example a Missouri car accident case where a young woman was hit head on by an approaching driver. The driver’s insurance company refused to settle the claim, forcing her and her Missouri car accident attorney to take the case to court. A jury found for the young lady after compelling evidence was introduced and awarded her with $25,000 to cover all of her costs.

Do You Really Need an Attorney?

After any type of collision, be it a high speed head on or a low speed fender bender, a lawyer in St. Louis should be consulted. Injuries sustained are all of varying degrees, and the circumstances always different. This means there is no cut and dry compensation that one can expect.

Also consider that the defendant may refuse a settlement the way the above mentioned case did. Someone unfamiliar with Missouri law may be unable to navigate the complexities of a head on collision in a courtroom without the help of an attorney.

Keep in mind too that you are not going up an individual. You will be fighting the battle for compensation with an insurance company, who notoriously hate to lose. Insurance claim adjustors are known for their covert methods of sabotaging car accident claims. With a Missouri car accident attorney at your side, all inquiries from an agent of the insurance company can be directed to your attorney.

Missouri Car Accident Lawyer

There are strict rules and regulations that a Missouri resident must follow if they wish to be compensated after a car accident. Even if the evidence clearly identifies the negligence of the driver, recovering for your losses will be difficult. With the Missouri car accident attorney at your side, all of these are taken care of seamlessly as you take the time you need to recover from your injuries.