If you have been involved in any sort of automobile accident, the first thing to do is to immediately seek medical care, if it’s necessary. Next, it would be a good idea to speak with an experienced St. Louis car accident lawyer ASAP to make sure your legal rights are protected. Missouri is a comparative fault state, which means that both parties in an accident can be found at fault, and therefore liable for injuries and damages.
If you are hit by a drunk driver, then they are typically going to be found at fault. This means it is really just a matter of ensuring that you are okay and then either dealing with the insurance company to have your injuries and damages compensated, or escalating the case to go in front of a judge and jury if a settlement cannot be reached.
Most insurance companies want to settle drunk-driving cases quickly and without having to go to court. The problem is that compensating you for your injuries is not their number-one priority. Their job is to minimize their losses, so they will almost always offer you less money if you are not represented by an attorney. If they assume that you don’t know what you are eligible for, they will often minimize what is fair and what you deserve to be compensated for.
In an accident, you are generally eligible for two types of damages: noneconomic and economic. Economic damages are damages that are concrete and can be calculated, like a doctor or hospital bill and lost wages from work, so they are often pretty easy to figure out. However, noneconomic damages are those damages that aren’t always easy to calculate because they aren’t concrete. Noneconomic damages include things like emotional distress and pain and suffering.
Since no two people experience pain and emotional distress in the same manner, it can be difficult to put a price on how much your suffering is financially worth. A St. Louis car accident attorney can help you calculate how much you should reasonably get, based either on the multiplier method or the per diem method. These are formulas that insurance companies and lawyers often use to figure out how much someone’s pain and suffering should be compensated with monetarily. It’s not a precise number, so without an experienced party on your side, it is difficult to understand if you are being offered a fair settlement or not.
When you are hit by a drunk driver, determining who is at fault is usually easy. What you are eligible for financially, however, is not always easy to calculate and fight for. The best way to ensure that you get all that you legally deserve both in noneconomic and economic damages is to speak with an experienced attorney ASAP.