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A car accident is a terrifying experience, often ending in painful injuries with long-term impacts that ripple throughout the injury victim’s life. Expensive and agonizing medical treatments may keep the injury victim out of work at the same time that medical bills begin piling up. An accident is more than just pain, property damage, and distress, it also quickly becomes expensive, causing financial effects that can impact the whole family.
If you or a family member suffered a car accident injury in Florissant, you deserve strong legal representation by a Florissant car accident lawyer with experience in navigating car accident claims in Missouri. At the car accident law firm of Miller & Hine, we have a strong track record of success in representing our injured clients’ legal rights and financial best interests with skilled and experienced counsel.
Determining Liability in Florissant Car Accidents
In a fault-based insurance state like Missouri, car accident injury victims bear the burden of proving the at-fault party’s negligence to show liability for damages. Proving liability in a Missouri car accident requires demonstrating specific elements of negligence including that the following factors were in place at the time of the accident:
- The at-fault party owed a duty of care to take reasonable measures to prevent injuries to others, such as a driver’s duty to avoid distractions or a road maintenance agency’s duty to properly maintain a traffic signal
- The party at fault breached this duty of care through an act of negligence, recklessness, or wrongdoing
- The breach of duty directly caused injuries
- The injury victim suffered significant damages due to the injury
Once your attorney from the Florissant law firm of Miller & Hine investigates the accident and gathers evidence of liability, they’ll carefully calculate the damages and send a strong demand package to the at-fault party’s insurance company. Having a Florissant personal injury attorney from Miller & Hine name in your corner is a significant advantage in negotiating a settlement for damages. Damages in car accident claims can include both economic and non-economic losses.
Common Damages in Missouri Car Accident Claims
Serious car accidents result in far more than property damage. Our injured clients also face serious financial impacts. Common claims in car accident claims include the compensation for the following damages:
- Property damage to a vehicle and personal items
- Medical expenses and anticipated future medical expenses for ongoing care related to the injuries
- Lost income
- Future lost wages
- Lowered earning capacity due to accident-related disability
- Pain and suffering
- Any other non-economic damages that apply in some cases, such as disfigurement, loss of limb, or PTSD
Compensation for intangible damages like pain and suffering cannot erase pain, but it does help accident victims pay for the best medical care to maximize their physical recovery while relieving undue financial burdens.
Over 90% of car accident claims settle out of court when an experienced car accident attorney investigates, documents evidence, and negotiates with the appropriate insurance company for an ample settlement. However, if the insurance company denies a valid claim, our attorneys are more than ready to file a lawsuit on a client’s behalf well within the state’s 5-year statute of limitations and argue for compensation in court.
What If I’m Partly at Fault for My Car Accident in Florissant?
Sometimes an unfortunate convergence of events results in a serious car accident and determining fault for the accident becomes complex. According to Missouri’s pure comparative negligence laws, even car accident victims who were partly at fault for the accident can still recover a portion of their damages minus their percentage of fault. For instance, if a driver is found to be 10% at fault for an accident because they were exceeding the speed limit even though the other driver drifted out of their lane due to texting and caused a collision the injury victim can still recover 90% of their damages. If damages amount to $100,000, the driver who was 10% at fault recovers $90,000.
Because insurance companies exist to make profits, they sometimes take unfair advantage of Missouri’s comparative negligence laws to assign a larger than due percentage of fault to an injury victim to minimize the amount of a payout on a claim. A seasoned Florissant car accident attorney from Miller & Hine knows how to anticipate and counteract these and other common insurance company tactics to maximize the compensation for our client’s damages.
Car Accidents in Missouri
Fatal car accident numbers have risen for three years in a row, reaching 1,028 in 2022, the highest number since 2006. Common causes of car accidents in the state are aggressive driving, distracted driving, and drunk driving. Between 2017 and 2021, there were 2,547 aggressive driving deaths and 382 fatalities due to distracted drivers. Substance-impaired drivers were responsible for 1,023 fatal accidents. Common types of car accidents resulting in fatalities and serious injuries in Florissant and throughout Missouri include the following:
- Rear-end collisions
- T-bone or side-impact collisions
- Head-on collisions
- Rollover accidents
- Sideswipe accidents
- Chain reaction accidents
- Roadway departure or run-off-the-road accidents
When a driver’s negligence, reckless driving, or purposeful actions like aggression or intoxication cause an accident, the driver is liable for the damages they cause to those in other involved vehicles. Less commonly, the liable party in a car accident claim could be the manufacturer of a defective auto part or a lax road maintenance agency.
Why Choose Miller & Hine for Your Florissant Car Accident Law Firm?
Injuries from car accidents can be life-altering, with long-term adverse effects on finances as well as on health and the ability to work or perform routine daily tasks. Even less severe injuries can cause financial struggles during recovery. If someone else’s negligence caused the accident, you shouldn’t be left holding the bag. An experienced attorney with deep compassion for the suffering and stress experienced by car accident victims is the best ally to have in your corner.
At Miller & Hine, our over 50 years of combined experience in this legal arena puts us in the best position to represent your rights and best interests throughout the claim process. Our law firm will maximize your financial recovery while you work on your physical recovery. Reach out to the Florissant law office of Miller & Hine today so we can begin a winning strategy for your unique car accident case.