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.

Preparing Your Automobile for a Safe Summer in St. Louis

Each season in St. Louis brings its own set of unique driving challenges and summer is no exception.

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As the temperature begins to rise, there are more drivers and bicyclists on the road. This is the time when staying focused on the road and your surroundings is of the upmost importance in order to avoid an accident. If you or a family member are injured in a car accident, call our St. Louis car accident attorney.

Prepare Your Car For the Summer

Part of spring cleaning should always include a tune-up of your car. Missouri winters are rough on cars and you need to ensure that your tires, fluids, and brakes are all in perfect working order. One of the most important engine parts to inspect is the radiator and cooling system. Cars can overheat in the summer, and you do not want to be on the side of a St. Louis highway waiting for your radiator to cool down.

Do not forget about the windshield wipers in the summer. Late afternoon showers can take a driver by surprise, and without wipers that are in good working condition, will leave you blind on the road. Change out the blades if you notice that your wipers are leaving your windshield with streaks, rather than clearing it of unnecessary water.

Drunk Driving in the Summer

Drunk driving still plagues St. Louis roadways and drunk driving increases in the summer time. To reduce your risk of being struck by a drunk driver, stay off of the roads late Friday and Saturday nights. If you are out and notice a car that is being driven erratically, keep a safe distance and notify authorities immediately.

Distracted Driving

With vacation plans to make, barbecues to plan, and outings to the lake on your mind, it is easy to get distracted when driving during the summer. Remember to keep both eyes on the road and both hands on the wheel, with your full attention on what is happening around you. Texting and driving has become just as dangerous as drunk driving, so avoid the temptation by putting your phone out of sight when you drive. If you do have an important call or text to make, pull over onto the side of the road, take care of your personal business, and then put your focus back on the road.

If you do find yourself the victim of a car accident in St. Louis this summer, call The Hoffmann Law Firm, L.L.C. at (314) 361-4242 to help you file a claim for compensation.

Gathering Evidence for a Personal Injury Claim

What evidence do you need to gather for a personal injury claim?

A car accident can be a traumatic experience both physically and mentally. What should you do after a car accident? Stay calm, seek medical attention, and follow the tips listed below. These tips will help you gather evidence to support a personal injury claim if the accident was the result of the other driver’s negligence. This checklist will help you organize the information you collect.

Identify the Other Driver

Record the name, address, phone number, and e-mail address of the driver of the other vehicle involved in the accident. The insurance details should also be noted along with the license plate number of the vehicle.

Photographs of Vehicle Damage

Take lots of photographs of the damage sustained by your vehicle and the damage on the other vehicle. Try to include landmarks like nearby buildings, traffic signals, trees, and billboards in the pictures as they help investigators to reconstruct the accident.

Police Report

Call the police and report the accident as it formally records the incident and can be useful to your case.

Eyewitness Reports

Record the name, address, phone number, and e-mail address of all witnesses around the accident site. If a witness allows it, take a photograph or video of the witness as well.

Record of Medical Care and Expenses

Keep a detailed note of all expenses incurred for medical care and doctor visits. Record them in chronological order with the date and time for each hospital visit and treatment received. Include out-of-pocket expenses incurred for each treatment and prescription drugs. Always save the receipts and attach them to your notes.

Employment Records

Keep a note of the hours spent away from work due to injuries suffered, medical treatment, and doctor appointments. It is advisable to get a letter from the employer confirming your missed work and wages lost.

Photographs of Injuries

Take photographs of your injuries and the process of healing. This will provide a visual timeline for the bodily injuries sustained in the accident.

Pain and Suffering

Keep a journal of your thoughts and feelings you undergo doing your recovery phase and make note of how the injury has affected your day to day life.

Vehicle Repair Estimates and Bills

Get an estimate for repairs from at least three reputed automotive repair shops. Save copies of these estimates and invoice of any repair work done on your vehicle after the accident.

Out-of-Pocket Expenses

Keep a record of all extra payments you have had as a result of the accident. Include childcare expenses, vacation disruptions, transportation charges, and charges for domestic help.

This information will help your St. Louis car accident attorney to prepare your case and help you receive the maximum possible damages for your injuries and losses.

The Hoffmann Law Firm, L.L.C.

(314) 361-4242