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It is never a good idea to hire a lawyer or law firm for your personal injury case without first doing your homework. Choosing the wrong attorney to handle your case can lead to frustration, delays, and, in some situations, your claim for damages being denied. By contrast, choosing the right lawyer can not only result in you receiving the compensation you need but do so quickly and with a minimum amount of hassle and worry.

Choosing the Right Missouri Personal Injury Lawyer

Choosing the best Missouri personal injury attorney for your case comes down to asking the right questions. Many injury lawyers will offer an initial consultation before even allowing you the opportunity to retain their services. Use this opportunity to learn about the firm and your lawyer to see if they are a good fit for your needs.

When looking for a Missouri personal injury lawyer, ask the following three questions:

How Long and How Often Do You Practiced in Personal Injury?

Why the Answer Matters: While the legal principles of personal injury cases are simple to understand, the statutes and laws that govern these cases are not. An attorney who only dabbles in the occasional personal injury case is not going to have the experience, resources, or knowledgebase to help you as effectively as a firm that regularly handles these types of cases.

What Is Your Strategy for Personal Injury Cases Like Mine?

Why the Answer Matters: Many personal injury cases will get resolved through a settlement. As a result, most personal injury attorneys will seek to settle your case as an initial strategy. However, if a settlement is not possible or if no offer is made that adequately compensates you, you will need to take your case to trial. 

If the attorney with whom you are speaking does not mention the possibility of a trial, you could be left with an unsatisfactory settlement.

How Are You Going to Get Paid?

Why the Answer Matters: Some clients are afraid to talk with a prospective lawyer about the lawyer’s fees and fee structure. Yet many disputes between clients and their attorneys arise because of miscommunications and misunderstandings over attorney fees.

Contingency fee arrangements are common in personal injury cases. Under these agreements, your attorney gets paid a portion of whatever amount of compensation they are able to get for you. Be sure you ask your attorney if they use these fee arrangements or some other arrangement and that you understand clearly how – and how much – your lawyer will be paid.

Choose Wegmann Law as Your Hillsboro Personal Injury Lawyer

At Wegmann Law, we are committed to providing exceptional service and representation to those hurt in Missouri personal injury accidents. When you speak with us, we will give you all the information you need to make an informed and educated decision about attorney representation. We make it easy to understand what you can expect from us and how our team can benefit your case. 
Call us at (636) 797-2665 or contact us online and request your consultation with us today.

If you have never been hurt in a car accident, fall at work, or other injury accident, you can easily underestimate just how many things there are to worry about. First and foremost is your physical health. Depending on the severity of your accident, you can spend several days or weeks just receiving care and procedures necessary to stabilize your condition.

In the months and years ahead, you may need several surgeries and ongoing therapy as part of your recovery. Your injuries may also have impacted your ability to work and, by extension, your family’s financial footing. All of these effects are on top of the mental and emotional toll that an injury accident can leave you with.

Into this list of things to do and be concerned about, you must also think about your legal rights. Missouri’s laws do not permit you to file a lawsuit or claim for compensation whenever you wish. If you exceed the statute of limitations, you can find yourself without any way to obtain compensation from the party that caused your injuries.

Statutes of Limitations Explained by a Missouri Personal Injury Lawyer

Statutes of limitations can be thought of as deadlines for filing certain claims. These laws exist to encourage individuals with legal claims against others to file them sooner rather than later. This not only encourages claims to be heard and resolved when evidence and witnesses re available, but it also keeps old claims from derailing a person’s life and livelihood decades after they may have done something careless.

Missouri’s Statute of Limitations is Five Years for Personal Injury Claims

The statute of limitations for personal injury claims is found at Missouri Code Section 516.120. This statute gives injury victims five years from the date of their accident to file a claim or lawsuit against the party who caused the victim’s injuries. In most cases, this time period begins to count down the day that your accident happens and does not stop until the time period is over.

If you do not have a claim or lawsuit filed before the five-year period passes, you can be forever barred from later trying to bring a claim. If you do, a court may dismiss your case and deny you any compensation, regardless of how serious your injuries were or how clearly negligent the other party was.

Contact Wegmann Law Today to Get Started with Your Claim

Five years can seem like a long time, but it can pass quickly following a serious accident. Not only this, but the longer you wait to file a claim, the more difficult it can be to locate witnesses and evidence you need to support your claim.

If you or a loved one have been hurt, reach out to Wegmann Law immediately for help. We can protect your legal interests and your right to pursue compensation so you can focus wholly on recovering from your injuries.

Contact Wegmann Law at (636) 797-2665 or online, and get started by requesting a consultation with your Missouri personal injury lawyer.

When another’s negligence has injured you, you have the right to seek full compensation for the damage you suffered through a personal injury lawsuit. “Full compensation” entails more than simply having your hospital bills paid or your time missed from work reimbursed. A personal injury accident can cause physical, financial, emotional, and mental injuries, and you deserve to have all of these losses compensated.

For this reason, any comprehensive compensation award you receive through a personal injury case should contain both economic damages and non-economic damages. Economic damages represent losses whose value is objective and can be easily determined due to bills, invoices, or other records. Your hospital bills, lost wages, and damage to property are all examples of economic damages.

Distinguishing Non-Economic Damages from Economic Damages

Non-economic damages are those whose value is subjective and are, therefore, more difficult to ascertain. They are meant to compensate you for emotional and mental harm you suffered, such as:

• Having to experience physical pain and discomfort
• Anxiety or depression brought on by your injuries
• Not being able to enjoy life activities you once enjoyed
• Being unable to fulfill family obligations as a parent to your children or as a spouse

Unlike economic injuries, there are no bills, invoices, or schedules that can easily and irrefutably tell a judge or jury how much to award. You, your attorney, and the courts must place a value on these losses and support that value through other means.

How Pain and Suffering are Valued in Your Case

Your testimony and that of any witnesses will be the primary evidence judges and juries consider in awarding you damages for pain and suffering. Specifically, the testimony you present should show:

• The nature of the emotional and mental effects you are feeling and their severity 
• How long you have been experiencing them and how likely it is you will continue to experience them
• What efforts you have made to address your symptoms and how effective those efforts have been
• How these symptoms and effects have changed your daily routine

The judge or jury hearing your case will also consider whether any witnesses can corroborate the effects you testify that you are feeling. Records from counselors or therapists may also be introduced to corroborate your symptoms and their persistence.

What an Attorney Can Do to Help You Get Pain and Suffering Damages

Keeping a journal of your thoughts and feelings can help you later seek non-economic damages, as can using the services of a skilled Missouri personal injury lawyer. If you have been hurt in a car accident or other personal injury accident in Hillsboro, turn to Wegmann Law for help. You can call our office (636) 797-2665 or visit us online.

Our experienced team will help you understand what your case is worth and will assist you in obtaining the full amount of compensation you deserve. Contact us and request your free consultation to discuss your case with our office.

If you have been hurt in an accident, the most lasting and limiting of your injuries may not be visible at all. Mental and emotional trauma can lead you to develop anxiety, depression, or posttraumatic stress disorder, among other conditions. The effects of these conditions can continue long after bones have healed and physical therapy is completed.

Recognizing that mental and emotional injuries are just as real as physical ones, Missouri allows personal injury victims to recover non-economic damages. These damages compensate you for the effects that mental trauma or emotional disturbances caused by your accident have on your quality of life.

Non-Economic Damages Not Available in Workers Comp Claims

Just because you are hurt on the job does not guarantee that you will not have mental or emotional injuries. Yet Missouri’s workers compensation program does not allow you to seek compensation for your non-economic losses. While a workers comp claim will cover your medical bills and a portion of your lost wages, no compensation is available for non-economic harm.

To understand why this is so, you must understand the nature and purpose of workers compensation. These benefits are available to any employee who is hurt or becomes ill on the job. Compensation is typically paid quickly and without any consideration of fault. You could have carelessly caused your own injuries and workers comp would pay your claim.

This could become quite expensive for employers and insurers, who have few grounds to object to paying a workers comp claim. Thus, the decision to exclude non-economic damages from the list of benefits available to injured workers is a financial one. Doing so helps keep claims more manageable and affordable for the entities responsible for paying them.

Other Routes for Obtaining Non-Economic Damages

Being precluded from seeking compensation for your mental and emotional injuries through a workers compensation claim can be frustrating. You are likely to be frustrated if your physical injuries are relatively minor but the mental and emotional trauma you suffered was significant. While workers compensation may not be an option for recovering damages, you may have other options.

For example, you might be able to bring a third-party lawsuit against the negligent third party who caused your accident, if that person is not a coworker. These lawsuits are similar to other personal injury lawsuits and allow you to pursue non-economic damages. Additionally, if your employer or coworker acted with particular malice or callousness in causing you harm, you might have the right to bring a lawsuit against them directly.

Wegmann Law Firm is Here to Help You After a Workplace Injury

Wegmann Law Firm and our team of experienced Missouri workers compensation attorneys are available to discuss with you your rights after a workplace accident. Our Hillsboro team will review with you the compensation you can expect to receive, whether a third-party claim is available to you, and answer all your questions. 

Set up your consultation with us by calling our office at (636) 797-2665 or reaching out to us through our website. 

Car crashes, slip-and-fall accidents, and other injury incidents all share one thing in common. If you are going to obtain payment from another party for your losses and expenses, you will need to prove that person was negligent. No matter how seriously you have been hurt or how extensive your financial losses are, if you cannot show the other party was negligent, then you will not recover any compensation. 

But what exactly is negligence, and how can you tell if someone has been negligent in their dealings with you? The answer is not always clear. Many personal injury lawyers will describe “negligence” as “carelessness,” but this simply defines one ambiguous term with another. Protecting your legal right to recover damages after an accident depends on you taking prompt action, and you can only do this confidently if you know there has been negligent conduct.

Three Things to Keep in Mind About Negligence

In 1964, then-Supreme Court Justice Potter Stewart declared that his test for what constituted obscenity was simple: “I know it when I see it.” This unhelpful definition is, unfortunately, the way some people feel about negligence. They are not able to define the term, but believe that they can recognize it when confronted with it. 

The term negligence does not need to be so vague and difficult to understand. Someone is negligent when they do something that a reasonable person would not do if faced with the same situation. This simple definition means that negligence:

Takes the Situation into Account

First, in deciding whether someone is negligent, attention needs to be paid to the specific circumstances of your injury. Someone who exceeds the speed limit is usually considered negligent because a reasonable person would not break the law. But it may be equally negligent for someone to travel 60 miles per hour when all surrounding traffic is traveling at 70 miles per hour.

Takes the Party’s Circumstances into Account

The concept of negligence is also sensitive to the other party’s age, mental conditions, physical impairments, and other personal characteristics into account. For instance, negligence does not ask, “Would a reasonable person do this,” but rather, “Would a reasonable 50-year-old male with poor eyesight do this?”

Does Not Take Personal Feelings into Account

Negligence is an objective, not subjective, concept. This means that one’s personal feelings are irrelevant in determining whether they acted negligently. A person can be found to have acted negligently even if they do not feel their actions were careless.

Speaking with a Missouri Personal Injury Attorney Can Dispel Confusion

Of course, the best way to know if the other person involved in your accident was negligent is to speak with a skilled and experienced personal injury lawyer from Wegmann Law. We know negligence when we see it and, more importantly, we know what to do about it, too. We have the knowledge and resources necessary to hold negligent individuals accountable for their actions.
Contact our Hillsboro office at (636) 797-2665 or use our online form to get in touch with us and set up your case consultation today.

Personal injuries after accidents in Missouri are far too common. After these events, you will need to not only protect your health but also your legal rights. Whenever another person or company is responsible for the incident that results in your injuries, you have the right to seek compensation for your losses. Even so, the burden lies on you to prove another’s fault and how the event has changed your life.

There are a few steps that you can take following your personal injury accident in Missouri that can help improve your chances of success. These steps can also serve to protect your health and minimize the impact of the incident on your future.

Seek Out all Necessary Medical Care

Your first priority following an accident that results in a personal injury in Missouri should be to protect your health. This can include going to an emergency room as quickly as possible on your own or calling an ambulance for transportation.

Obtaining prompt medical care is important for many reasons. Critically, it will improve your chances of making a complete recovery and helps limit any long-term damage.

In addition, seeking proper medical care also works as a way to memorialize the incident. For example, emergency room records will indicate the source of the injuries. This may include a car accident, a slip and fall, or an assault. Medical records always form a key component of any personal injury case in Missouri. Having a complete account of the incident and the required medical care makes it clear that your injuries were connected to the incident and were another’s fault.

Obtain Evidence from the Scene of the Incident

While seeking prompt medical care is always your first priority, the moments following an accident also provide a unique opportunity to prove another’s fault. This is because there will never be another chance to gather evidence that will disappear over time. This evidence can include:

• Pictures and videos of the scene
• The names of witnesses
• The exact location of hazards that contributed to the event

Smartphones are a powerful tool for people looking to prove that another’s negligence was the source of their injuries. If you are able, use these tools to begin building a case immediately after an incident.

Talking with a Lawyer Could Help You Better Understand Your Rights and How to Proceed

It is never a bad idea to seek out legal help following an accident that results in personal injury. An attorney at the Wegmann Law Firm can explain the laws that apply to your case and how they may impact a demand for compensation. For example, Missouri Revised Statute § 516.120 places a time limit of five years from the date of an incident to demand compensation following many accidents. 

An attorney could also help you deal with the insurance companies likely to be handling a claim. Always remember that insurance companies exist to make money and will not pay a proper settlement on a case unless you make it clear that their insured was responsible for an accident. Letting a lawyer take the lead in your case lets them gather the relevant information about your injuries and demands that insurance companies provide proper compensation. 

Once you hire an attorney to handle your case, the insurance company can no longer talk with you directly. As a result, hiring a lawyer also helps take the stress of a case off your shoulders. Reach out to the Wegmann Law Firm now to discuss your case and see how they could help.

Suffering a personal injury after an accident in Missouri can place you in a difficult position. Your immediate concern should be to get the medical care that you need. However, in the back of most people’s minds is the cost of this treatment. At the same time, you may have other out of pocket expenses, such as a car repair bill or lost wages due to missing time at work.

However, the impact of a personal injury can stretch far beyond economic losses. Many people find that the emotional impact of the event is just as serious a consequence of an accident as their monetary costs.

Thankfully, the law in Missouri allows you to seek compensation for both economic and non-economic losses. In addition, with rare exceptions, there is no limit to the level of compensation that you can demand from at-fault people, businesses, and insurance companies. The team at the Wegmann Law Firm is ready to explore how an event has changed your life and fight for the compensation you deserve.

Economic Losses Following Missouri Personal Injuries

The clearest and most visible impact of personal injury accidents in Missouri is the economic losses that people endure. This is the direct financial harm that a person suffers because of the incident.

The most obvious is the medical bills associated with a person making their best recovery. This can include:

• An ambulance ride
• ER care
• Surgery
• Rehabilitation costs
• Medications
• Prosthetics

While a person’s own insurance company may cover a portion of these costs in incidents that occur on the road, an at-fault party and their insurance company are responsible for all remaining bills.

Economic losses can also take the form of property damage, such as the costs to repair a vehicle. They can also include lost wages from time missed at work to make a recovery or attend medical appointments. These economic losses form the core of any personal injury case and proving them is a requirement in any demand for compensation.

Non-Economic Losses

While economic losses form the basis for a personal injury claim, these events will usually impact victims in other ways. It is a rare person who suffers a personal injury and does not experience the trauma and suffering that accompanies it.

Most people who endure a personal injury after an accident will demand compensation in the form of non-economic losses. These demands evaluate the way that the event has changed their mental health and overall quality of life.

However, it can be difficult to prove these concepts when talking with insurance companies or bringing a case to court. Ideas like pain and suffering will not appear on medical records, and it can be a complex calculation to place a monetary value on these experiences. The legal team at the Wegmann Law Firm is ready to explore the full impact of an accident on a person’s life and place an accurate value on every case. They also act quickly with the knowledge that Missouri Revised Statute § 516.120 gives some people only five years from the date of an accident to demand compensation.

Speak with the Team at the Wegmann Law Firm Now to Learn More about the Types of Damages in Personal Injury Accidents in Missouri

Every person who suffers an injury due to the negligence of another deserves the full compensation that they need to make things right. But what exactly does this mean? The fact is that you can demand compensation for your direct, economic losses as well as the ways that the event has changed your quality of life.

Placing an accurate value on a case is a vital part of obtaining fair compensation. The lawyers at the Wegmann Law Firm are ready to explain how damages work in Missouri personal injury cases and seek out the payments you deserve. Contact them now to hear more.

Almost every person will experience a personal injury at some point during their lives. Sadly, most of these situations are unavoidable and will force individuals to change every part of their day-to-day experiences. From needing to seek out medical care, to missing time at work, to dealing with emotional trauma, all personal injuries are serious matters. 

With this in mind, it is important to understand the most common personal injury cases in Missouri. Not only can this help people avoid preventable injuries, but it can also help them understand their legal rights after an accident. The legal team at the Wegmann Law Firm is ready to represent your interests after you suffer an injury due to another’s negligence or violent act.

Most Personal Injuries are the Result of Accidents

When most people suffer a personal injury, it is the result of an accident. However, this does not mean that another person or company is not to blame. A concept of law called negligence means that certain people assume a duty to protect others. Typical examples of this dynamic include:

• Driving a car, truck, or motorcycle
• Maintaining property in a safe state for visitors
• Ensuring a safe workplace
• Keeping dogs and other animals under control
• Providing proper medical care

As a result, the most common personal injury cases in Missouri include those that result from traffic collisions, slips and falls, dog bites, medical malpractice, and workplace accidents. Missouri Revised Statute § 516.120 says that most people have five years after an accident to seek out compensation. However, a variety of factors may shorten this time limit. An attorney at the Wegman Law Firm could help evaluate the actions of others to determine if their actions or failure to provide protection were negligent. If so, they are ready to take the lead in seeking out the compensation you deserve.

Injuries may also Come About from Another’s Intentional Acts

While most personal injuries are the consequence of accidents, others are the result of acts of violence. Perhaps the simplest example is physical contact that results in an injury. Something as simple as pushing another person can create legal liability if that person falls to the ground and endures an injury. In these cases, the person who does the pushing is responsible for the victim’s medical bills, lost wages, and emotional traumas.

These simple assaults are the most common source of personal injuries in Missouri that result from intentional acts of violence. However, other examples can include:

• Intentionally crashing a vehicle
• Setting traps that harm visitors
• Arson
• Sexual assault

An attorney could help people who are the victims of crimes to seek compensation in civil lawsuits that are separate from any criminal charges that the State may pursue.

Most Common Personal Injury Cases in Missouri are the Product of Accidents

Everyday, a variety of situations occur that require us to provide care to others. Something as simple as driving to work or inviting a guest into our homes creates a legal duty to protect others from harm. Failing to provide this protection that results in harm to others means that a person or company is negligent. Negligent parties must provide compensation to their victims.

Most personal injury cases in Missouri result from these accidents. These can include traffic collisions, slips and falls, and even medical malpractice. In rarer cases, intentional acts of violence, like assaults, can cause injuries. The legal team at the Wegmann Law Firm is ready to listen to your story and determine if it is likely that another party is responsible for your losses. Contact us now to learn more.

Personal injuries are a sadly common occurrence in Missouri. These events can not only inflict harsh physical harm, but they may also cause severe emotional trauma and devastate your ability to support your family. 

A natural question to ask after these events is who is liable for a personal injury in Missouri. In some examples, the answer is fairly obvious, such as when an injury is the result of an intentional attack. However, others are more complex, like when an injury is the result of an accident. A person seeking compensation after an injury must be sure to identify all liable parties to obtain the maximum possible payment. An attorney at the Wegmann Law firm works with people like you to determine who is liable for personal injuries in Missouri.

Identifying Liable Parties who are Directly Responsible for the Actions

Most personal injuries that occur in Missouri are the result of accidents. It is unfair to say that responsible people and companies intended to cause harm. Even so, the law says that their careless, reckless, or negligent behavior means that they are civilly liable for all damage that they cause.

Most of these cases result from specific situations where one party assumes a duty to protect another. When they fail in their duty, and an injury occurs, they are liable for all resulting losses. Prominent examples of this dynamic include:

• Car, truck, or motorcycle accidents
• Slips and falls, or other injuries that occur on the property of others
• Medical or dental malpractice
• Injuries that affect nursing home residents

Other cases arise out of intentional acts of violence. Assaults, arson, sexual abuse, and the intentional infliction of emotional distress are all examples of situations where an attacker may be both criminally and civilly liable for their actions. In all cases, an attorney at Wegmann Law could help obtain the evidence needed to show that a defendant was directly responsible for the harm that they caused.

Holding Third Parties Liable for Injuries

In the above examples, the people who are responsible for an accident are liable for the damage they cause. However, if they were an employee of a company at the time of the incident, that company is also likely to share liability. The concept of law called respondeat superior states that companies are responsible for controlling the actions of their workers. For instance, if a commercial driver is involved in a traffic collision, both the driver and the company are responsible for the victim’s losses.

Finally, insurance companies may be joint defendants in many accident cases. All drivers in Missouri must have collision insurance. Property owners must retain liability policies. Even medical providers must have malpractice insurance. The insurance companies indemnify their insureds against a portion of their liability following an accident. As a result, these insurance companies are a main source of compensation following Missouri personal injury cases.

Contact Wegmann Law Now to Seek Out Fair Compensation from all Liable Parties after your Missouri Personal Injury

Talking with the team at Wegmann Law allows them to better understand the situation and begin the process of holding all liable parties responsible after an accidental or intentional injury in Missouri. It is crucial to begin this process quickly. Missouri Revised Statute § 516.120 creates a time limit of only five years from the date of many injuries for people to demand compensation. This time limit may shorten for some types of cases. Speaking with the team at Wegmann Law today lets them provide immediate assistance in pursuing your case for all appropriate compensation.

Being involved in a personal injury accident can be incredibly stressful, and in the heat of the moment, it can be hard to determine the best course of action. Knowing what steps to take immediately after an accident is crucial for the best possible recovery and legal outcomes. In this blog, we’ll walk you through the essential steps to take after being in a personal injury accident in Missouri. 

Ensure Safety and Seek Medical Help

The first and most important step to take immediately after the accident occurs is to make sure everyone involved including yourself is okay. Assess any injuries that may have occurred and call 911 to request medical assistance if needed. Even if you don’t think you are hurt, it is important to still be looked at by a medical professional to make sure.

Report the Accident

After you assess injuries, make sure that you call the local authorities to file a report. If law enforcement responds to the scene, they will handle the accident report. Make sure to request a copy of the report or the report number for your records. This document will include important details such as the accident’s time, location, involved parties, and any other findings.

Collect Evidence

It is important to gather as much information as you can right after the accident. One way of doing so is by taking pictures of the scene of the accident, such as any damages, or injuries that occurred. These images can help demonstrate the extent of the damages and injuries. If anyone witnessed the accident, collect their contact information and, if possible, ask them for written statements about what they observed. Additionally, make sure to get the contact information of the other party involved in the accident and their insurance information if they have it. 

Notify Your Insurance Company

Next, you will want to contact your insurance company to notify them about the accident. Make sure you provide detailed and accurate information about the accident. If you are unaware of your policy coverage, be sure to ask your insurance provider about their coverage limits, deductibles, and the types of damages covered. Missouri follows an at-fault system when it comes to insurance. The state requires individuals to carry a minimum amount of liability coverage. Additionally, Missouri also follows a pure comparative negligence rule. Meaning, that even if you are partially at fault, you may still recover compensation for the accident

Contact a Personal Injury Attorney

Contacting an attorney is an important step to receiving the compensation you deserve for your accident. In Missouri, they have a statute of limitations, meaning you have five years from the date of an injury to file a personal injury lawsuit. This is important because if you miss the deadline for filing a lawsuit, you may lose your right to obtain legal assistance.

Filing a personal injury claim in Missouri involves several steps:

• Pre-Litigation: You may need to negotiate with insurance companies before filing a lawsuit. An attorney can help manage this process.
• Filing a Lawsuit: If a settlement cannot be reached, your attorney will file a lawsuit and represent you through the legal process.
• Discovery and Trial: The discovery phase involves exchanging evidence. And if the case goes to trial, your attorney will present evidence and arguments to the court.

Contact Your Missouri Personal Injury Attorneys 

Talking with the team at Wegmann Law allows you to better understand the situation and begin the process of holding all liable parties responsible after a personal injury accident in Missouri. It is crucial to begin this process quickly. Speak with the team at Wegmann Law today to seek immediate assistance in pursuing your case for all appropriate compensation.

A personal injury is when physical, mental, or property damage is caused to you by another party’s negligence. The goal of filing a personal injury claim is to recover compensation for the injured party’s medical expenses, lost wages, pain and suffering, and other damages from the injury. Documentation plays an important role in building a strong personal injury case by providing the evidence needed to prove liability and demonstrate the severity of your damages. In this blog, we will be discussing the importance of documentation in personal injury cases, specifically in Missouri. 

Key Types of Documentation in Personal Injury Cases

• Medical Records: Medical records are crucial in any personal injury case, as they provide clear evidence of any injuries you had. They show not only the severity of your injuries but the treatments you have received. This can prove how the injuries you sustained impacted your daily life, strengthening your case. 
• Accident Reports: Accident reports show important details about where the injury occurred, what time, who was involved, and other key details. If a police officer was present at the scene, they may be able to provide a statement on who was at fault. 
• Photographic Evidence: Photographs can be very powerful in personal injury cases, as they provide visual proof of the accident such as injuries, and damage. It provides visual evidence which further strengthens the facts of your case. 
• Witness Statements: Witness statements provide an unbiased account of the incident that occurred, which can significantly strengthen your case. It is important to try and secure these statements as soon as you can since memories can fade. A witness statement can be on paper or video of the witness explaining what they saw in detail. 
• Financial Records: To prove the monetary impact of your injury, you will need to provide financial records. This can be documentation of lost wages, medical bills, or any other losses that occurred from this incident. 

Why Documentation is Important in Personal Injury Cases

1. Establishing Liability: Proper factual documentation is crucial in proving liability in a personal injury case. Evidence that can help prove this includes information like police reports, witness statements, and photographic evidence. Having factual and detailed evidence makes it harder for the opposing party to dispute your claim. 
2.  Demonstrating the Extent of Damages: Documentation not only can show who was at fault but also the severity of the damages you’ve suffered. Medical records can show the physical/emotional damage from the incident while financial documents, like lost wages, demonstrate the financial impact..

Let an Attorney Handle Your Personal Injury Case 

An experienced personal injury attorney can help gather and organize important documents in your case. They know what documentation is needed to strengthen your case and will be able to prepare the best possible course of action. The legal team at Wegmann Law is experienced in handling personal injury cases and can guide you through the process, ensuring that every detail is properly documented and preserved. Reach out to us today for a consultation and take the first step toward securing the compensation you deserve.

When you are involved in a personal injury incident, it is crucial to seek legal assistance to receive the compensation you deserve. Choosing the right attorney can significantly impact the outcome of your case. A knowledgeable personal injury attorney can help guide you through the process of gathering the necessary evidence, building a strong case, and advocating for your best interests. In this blog, we will cover how to choose the right personal injury attorney for you in Missouri. 

Step 1. Understand Your Needs

The first step in choosing a personal injury attorney is understanding your case and the type of help you need. Whether your case involves a car accident, workplace injury, or medical malpractice, there is a attorney who specializes in that specific area out there. Personal injury law covers a wide range of case types, and each requires different knowledge and skills. An attorney who has successfully handled cases similar to yours will be better equipped to understand your situation and the best steps to take with your case.

Step 2. Research Potential Attorneys

Once you have determined what area of expertise you need your attorney to have, you can start researching. Start by doing a simple Google search such as “Personal Injury Attorney Missouri”, or you can narrow down the location if you are only looking in a certain area like “Personal Injury Attorney Hillsboro.” It can be helpful to check online reviews and ratings on platforms like Google, Avvo, and Yelp. You will want to look for attorneys with consistently positive feedback, particularly in cases similar to yours.

Additionally, the Missouri Bar Association offers a directory of licensed attorneys, including details about their areas of practice. This can help you verify that an attorney is in good standing and has the necessary qualifications to handle your case.

Step 3. Schedule a Consultation

After you have searched and narrowed it down to one or two attorneys, it’s time to schedule a consultation. A consultation will give you an even better idea of if this is the right attorney for you. During the consultation, pay attention to how they listen to your concerns, explain legal concepts, and outline their approach to your case. An attorney who communicates clearly and effectively can help you feel more confident with choosing them to handle your case. You should also make sure to discuss fees. Personal injury attorneys often work on a contingency fee basis, meaning they only get paid if you win your case. Make sure you understand their fee structure, including what percentage of the settlement they will take as their fee.

Personal Injury Representation in Hillsboro, MO

If you are struggling to find the right personal injury attorney for you in Missouri, look no further. At Wegmann Law Firm, we empathize with the challenges you face when dealing with both a court case and an injury. Allow us to provide you with the exceptional representation you deserve. While we diligently work on your case, you can focus on your recovery and the well-being of your family.

If you are interested in our services, we encourage you to reach out to us without delay. You can contact us by phone at (636) 452-2661 or request a consultation through our website. At Wegmann Law Firm, we are committed to providing you with the support and representation you deserve. We look forward to hearing from you and helping you navigate the path to recovery and justice.

Emotional distress is a type of intangible damage associated with personal injury cases. It compensates individuals for the psychological impact of an injury or traumatic event. Calculating emotional distress damages can be complex because it relies on qualitative assessments, not quantitative which is easier to calculate. In this blog, we will be going over how to calculate emotional distress damages in Missouri, going over the legal basis for emotional distress claims, and the different factors considered. 

Legal Basis for Emotional Distress Claims in Missouri

In Missouri, emotional distress claims fall under the umbrella of tort law. The state recognizes two primary types of emotional distress claims: negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED), each type has its own specifications.

• NIE: This is when a person’s negligence leads to emotional harm. In this situation, it can be unintentional. 
• IIED: This is when someone engages in extreme or outrageous conduct with the intent to cause emotional distress or with reckless disregard for the likelihood of causing such distress.

Factors Considered When Calculating Emotional Distress Damages

There are several different factors that are considered when calculating emotional distress damages. Here are some factors the court will consider: 

• Severity: Plaintiffs who show severe anxiety, depression, or PTSD typically receive higher compensation compared to those with milder symptoms.
• Duration: Emotional distress that lasts over an extended period can lead to greater compensation, showing the long-term impact on quality of life.
• Physical Symptoms: Conditions like insomnia, weight loss, fatigue, or other health issues stemming from emotional distress can strengthen a claim. Medical documentation is important to prove that the emotional stress caused other health issues.
• Daily Life: Evidence of reduced quality of life can contribute to higher compensation. Some examples could be showing that they are unable to work and perform daily tasks like normal. 

Methods Used to Calculate Emotional Distress Damages

Since it can be difficult to calculate the monetary value of emotional distress damages, there are a few different methods that are used: 

• Per Diem Method: This involves assigning a daily monetary value to the emotional suffering experienced by the plaintiff. The total number of days the plaintiff has suffered is multiplied by the daily value (severity of the distress) to reach the total damages sought.
• Multiplier method: With this approach, economic damages are first calculated and then a multiplier (Between 1.5 to 5, depending on the severity of the distress) is then applied to the economic damages to estimate non-economic damages, which include emotional distress.
• Court Discretion: The calculation of emotional distress damages typically is decided by the court and on a case-to-case basis. It can also be determined by a jury if it is a jury trial. 

How to Strengthen Your Emotional Distress Claim

Emotional distress claims can be hard to prove, which is why it is important to make sure your case is as strong as it can be. One of the most important aspects of a strong claim is sufficient evidence. If you believe you are suffering emotional distress due to someone else’s negligence, it is important to document everything you are experiencing and how it affects your daily life. This could include symptoms such as anxiety, depression, or difficulty sleeping, all of which can help strengthen your case. 

In addition to your documentation, medical evidence is also very critical. If you had to seek medical treatment or counseling, this provides tangible evidence for your claim of the severity of your emotional distress. Additionally, consistent therapy sessions or medical treatment show that your emotional distress is serious and ongoing. 

Working with an Experienced Attorney to Build a Strong Case

The most important step in strengthening your emotional distress claim is working with an experienced attorney. Emotional distress cases can be complex, and an attorney who understands the legal requirements can help you build a compelling argument.

If you are experiencing emotional distress due to someone else’s negligence in Hillsboro, turn to Wegmann Law for help. You can call our office at (636) 797-2665 or visit us online.
Our experienced team will help you understand what your case is worth and will assist you in obtaining the full amount of compensation you deserve. Contact us and request your free consultation to discuss your case with our office.

In Missouri, a personal injury claim is when someone is hurt due to another person’s negligence or intentional wrongdoing. This can be situations like car accidents, slip-and-falls, or workplace injuries. In a personal injury claim, the goal is to compensate for the victim’s losses. Which can include medical bills, lost wages, and property damage. However, personal injury claims can also compensate for the less obvious but equally impactful aspects of an injury -like pain and suffering. Pain and suffering refers to the physical and emotional distress the victim experienced as a result of their injury. In this blog, we will be discussing the grounds for suing for pain and suffering in Missouri. 

What is Pain and Suffering?

Pain and suffering is a form of non-economic damage. Meaning it doesn’t have a clear monetary value like medical bills or lost wages. However, Missouri law allows victims to seek compensation for these damages.

Some examples of pain and suffering include:

• Chronic pain from injuries that never fully heal.
• Anxiety about future health or work prospects.
• PTSD from a traumatic event, like a serious accident.

Can You Sue for Pain and Suffering in Missouri?

Yes, in Missouri you can sue for pain and suffering as part of a personal injury claim. This compensates the victim for their physical injuries and the emotional and mental distress caused by the incident. Some examples where suing for pain and suffering may be an option include car accidents, medical malpractice, and slip-and-fall accidents. All of these situations can cause life-altering damages, making suing for pain and suffering a viable option to compensate victims. 

How Are Pain and Suffering Damages Calculated?

In Missouri, calculating pain and suffering damages varies on your case. Here are two main methods of determining how pain and suffering damages are calculated in Missouri:

1. The Multiplier Method: This approach takes the total amount of your tangible damages, like medical bills or lost wages, and multiplies it by a number between 1.5 and 5, depending on the severity of your pain and suffering, the higher the multiplier.
2. The Per Diem Method: With this method, you’re assigned a daily rate for your suffering, and it’s multiplied by the number of days you’ve dealt with the injury. The daily rate can be based on factors like your income or the seriousness of your injury.

Several factors affect how much compensation you might get, including:

• Severity of injury: Serious injuries usually result in more compensation.
• Impact on daily life: If your injury keeps you from working or doing daily activities, it can increase your compensation amount.
• Recovery time: If the injury causes ongoing pain or will affect you long-term, it could lead to a higher amount of compensation. 

Limits on Pain and Suffering Damages in Missouri

In Missouri, there are limits on pain and suffering damages, depending on the type of case.

For medical malpractice cases, Missouri law has a limit on how much you can receive for non-economic damages like pain and suffering. In 2024, the limit is around $450,000 for standard malpractice cases, but for more severe injuries, such as paralysis or brain damage, the limit is higher, closer to $800,000. Limits are typically adjusted each year depending on the economic state. 

In other personal injury cases, like car accidents or slip-and-fall incidents, there aren’t specific limits on pain and suffering damages. The amount awarded will depend on the severity of your injuries, how they impact your life, and how long it takes you to recover.

Seeking Compensation for Pain and Suffering in Missouri

Suing for pain and suffering in Missouri is possible in many personal injury cases. Including car accidents, medical malpractice, and more. The amount of compensation you are entitled to depends on the severity of your injury, the impact on your life, and Missouri’s legal limits for non-economic damages. 

If you’re dealing with the aftermath of an injury and want to explore your options for compensation, it’s important to have an experienced attorney on your side. Contact Wegmann Law Firm today to get personalized legal guidance and ensure you get the compensation you deserve.

Personal injury cases can include car accidents, slip and falls, or medical malpractice. In these cases, the victim suffers harm due to another party’s careless or reckless behavior. One key aspect needed in order for a victim to win a personal injury case is proving negligence. Negligence means that the defendant failed to act with the level of care that a reasonable person would have in a similar situation, which led to the injury. In Missouri, if you are unable to prove negligence, it is unlikely that the court will hold the defendant responsible or award compensation. In this blog, we will be going over the four different elements that must be present in order to prove negligence occurred in a personal injury case in Missouri. 

1. Duty of Care

The first aspect that must be identified in a personal injury case is duty of care, which varies depending on the type of case. 

Here are some common examples in Missouri personal injury cases:

• Drivers: For cases involving car accidents, drivers have a duty of care to operate their vehicles safely and follow traffic laws to protect others on the road.
• Property Owners: For cases involving injuries on another’s property, property owners have a duty of care to maintain safe conditions on their property. Such as repairing hazardous conditions or warn visitors of potential dangers (like slippery floors).
• Medical Professionals: For cases involving medical malpractice, doctors, nurses, and other healthcare providers owe a duty of care to their patients, meaning they must provide treatment that meets the standard of care expected in their field.

In order to show that the defendant had a duty of care to the victim, the victim must demonstrate the relationship between them. This could be a driver’s duty of care if it is vehicle-related or a property owner’s duty of care if an injury occurred on someone else’s property. Whatever the case is, it is likely there is a duty of care involved. 

2. Breach of Duty

After a duty of care is established in a personal injury case, the next step is determining a breach of duty. This is when someone fails to fulfill the standard of care expected of them in a given situation. Breach of duty is key in proving negligence because it shows that the defendant’s actions fell short of their legal responsibility to protect the safety of others. 

Several actions can be considered a breach of duty including:

• Reckless or Distracted Driving
• Failure to Maintain Property
• Medical Malpractice

Strong evidence is needed in order to prove that the breach of duty occurred. This can be anything from accident reports, witness reports, and medical records, to photos and videos. Any documentation that can prove the defendant’s actions breached their duty of care is key in personal injury cases. 

3. Causation

Once the breach of duty or action the defendant took is determined, the victim will need to prove how that action caused the injury sustained. In a personal injury case, proving causation is essential because it shows that the defendant’s breach of duty directly resulted in harm to the victim. 

Two types of causation must be proven in a personal injury claim:

• Cause in Fact (Actual Cause): This is the link between what the defendant did and the injury that happened. It answers the question: “Would the injury have happened if the defendant hadn’t done what they did?” If the answer is no, then the defendant’s actions are the direct cause of the injury.
• Proximate Cause (Legal Cause): Proximate cause asks whether the injury was a predictable result of the defendant’s actions. Even if the defendant’s actions contributed to the injury, the law looks at whether it was reasonable to expect that their actions would directly cause harm. If the injury was too far removed or unexpected, it might not be considered the legal cause.

4. Damages

After all other factors have been proven and presented, the victim will decide what to seek in damages. Damages are the compensation the injured party seeks for the harm they’ve suffered due to the defendant’s negligence. The types of damages sought after depend on the case. They can be economic damages which are numerical out-of-pocket expenses the plaintiff has incurred due to the injury, an example would be medical bills. It can also be non-economic, which is compensation that covers intangible losses that affect the plaintiff’s quality of life, such as pain and suffering.

Strengthening Your Case for Maximum Compensation

Proving negligence in a Missouri personal injury case involves three key elements: establishing a duty of care, demonstrating a breach of that duty, and showing causation. Each of these elements plays an important role in building a strong case and ensuring that victims receive the compensation they deserve. It is also extremely important to gather solid evidence to support your case while navigating through personal injury claims. If you’re facing the challenges of a personal injury case, don’t hesitate to reach out to Wegmann Law Firm. At Wegmann Law Firm, we offer a wide range of personal injury solutions tailored to your specific needs. With our experienced legal team by your side, we are confident in our ability to secure the best possible outcome for your case. You can contact us by phone at (636) 452-2661 or request a consultation through our website.

If you sustain injuries due to someone else’s negligence or misconduct, you may be able to seek reimbursement for your medical expenses. However, a lesser-known aspect of personal injury claims is the potential for compensation for lost wages. Understanding how to accurately calculate a lost wages claim is critical for ensuring that you receive fair compensation for all the financial impacts of your injury. 

What Exactly Are Lost Wages?

When you suffer injuries from a personal injury accident that prevent you from going to work, you may be entitled to various types of compensation, particularly for lost wages. This compensation can significantly alleviate the financial burden during your recovery and includes the following: 

• Salary or Hourly Wages: This refers to the compensation for the regular income you missed while you could not fulfill your work duties. It helps to ensure you are compensated for the money you earn during your time off. 
• Overtime: If your job typically requires you to work overtime, you can claim compensation for the additional earnings you lost. 
• Bonuses and Commissions: Many jobs have performance incentives such as bonuses or commissions. If your recovery period overlaps with the time you would have received these incentives, you may be able to recover these lost earnings as well. 
• Sick and Vacation Days: During your recovery, if you had to use any of your accrued sick leave or vacation days, you can seek compensation for these days. 
• Future Earnings: If your injuries have left you unable to return to your previous job or have diminished your earning potential in your chosen career, you may be eligible for compensation related to future earnings. 
• Other Benefits: You may also be able to consider the value of any job-related perks or benefits you may have lost access to during your recovery. This can include health insurance premiums, retirement contributions, and other valuable benefits that contribute to your overall financial security. 

By understanding these various forms of compensation, you can better navigate the financial implications of your accident injuries and secure the support you need during your recovery process.

How Do You Prove Lost Wages?

To effectively prove your lost wages, it is important to gather certain documents that can support your claim for lost wages, including:

Employment Records

This includes documents such as your employment contract, job descriptions, and performance reviews. These records clearly outline your role within the organization, your job responsibilities, and your employment status, all of which are vital for establishing your position prior to the injury. 

Pay Stubs

Collect your most recent pay stubs, as they serve as direct evidence of your regular income. However, try to include multiple pay stubs to demonstrate your earnings over a specific period, highlighting your base salary and any overtime pay, bonuses, or commissions you received. 

Tax Returns

Your latest tax returns provide a detailed view of your annual earnings and can help substantiate your claims regarding lost income. You should also secure documentation of your earnings from previous years, allowing you to compare your income before and after the incident. 

Medical Records

Medical documentation is important to establish the connection between your injury and your inability to work. This includes detailed notes from your medical care providers, reports regarding your diagnosis, treatment plans, follow-up appointments, and any recommendations for time off work due to your condition.

Recovery Timeline

Create a detailed timeline that outlines your injury, the treatments you underwent, your recovery process, and the specific dates or time frames during which your ability to work was impacted. This timeline will help demonstrate the duration and extent of your lost wages. 

To Learn More About Lost Wages, Contact Wegmann Today 

To learn more about the damages you can pursue in a personal injury claim in Missouri, contact Wegmann Law Firm today and speak with one of our experienced personal injury attorneys. 

Accident victims often endure substantial damages resulting from their injuries, which frequently manifest as significant economic losses. One of the most considerable impacts is the loss of wages, as many individuals cannot return to their jobs while recovering. This financial burden can lead to severe consequences for the victim and their family, as they continue to face ongoing expenses for essentials such as housing, utilities, food, medical bills, and other monthly obligations despite being unable to earn an income. However, for victims of accidents in Missouri, there are avenues to recover compensation for lost wages and future earnings through personal injury claims. In the below guide, we will review how to pursue these wages and how an experienced personal injury attorney can help you. 

Suing for Lost Wages in a Missouri Personal Injury Case

To pursue a claim for lost wages in a personal injury case in Missouri, it is important to do the following:

Document Your Financial Losses

Start by keeping a detailed record of all the days you could not work due to your injury. Create a detailed log that includes dates, the reason for missing work, and the impact on your daily life. In addition to your log, gather the following documents that illustrate your income and benefits before the accident: 

• Pay Stubs: Collect several recent pay stubs from your employer, showing your earnings and any deductions. 
• Tax Returns: Provide copies of your tax returns for the last few years, which will help establish your income history. 
• W-2 Forms: These can show gross income from each year. 

Obtain Medical Evidence

You will need to have medical documentation to support your claim. That is why consider scheduling a visit with your doctor and requesting a formal note stating that your injury has directly prevented you from performing your job duties. This note should include specific details about your condition and the expected duration of your inability to work. 

Consider Lost Benefits

Reflect on any benefits you may have lost due to your injury. If you used sick leave or vacation time due to your inability to work, you might be entitled to compensation for that time. Keep records of the hours or days taken off and any policies related to these benefits from your employer. 

Verify the Statute of Limitations

In Missouri, individuals who have suffered a personal injury have a specific time frame to file a legal claim. The statute of limitations for these types of claims is five years, starting from the injury date or when the injured party discovered the injury. This means that if you were injured in an accident or due to someone else’s negligence, you must initiate legal proceedings within this time frame to preserve your right to compensation. It is important to be aware of this deadline, as failing to file a claim within this time frame may result in losing the opportunity to seek justice and compensation for your injuries.

Consult a Personal Injury Lawyer

Seeking the advice of an experienced personal injury attorney in Missouri can provide you with valuable guidance throughout the process. These lawyers can help you understand your rights, evaluate the strength of your case, and assist you with gathering the necessary evidence to enhance your claim. Additionally, they can represent you in negotiations or court proceedings, ensuring you receive the compensation you deserve for your lost wages and related damages.

Contact Wegmann Today To Learn More 

If you suffered harm or damages in a personal injury accident and want further information about lost wages, contact Wegmann Law Firm today and speak with an experienced Missouri personal injury attorney. 

If you have been injured in a personal injury accident in Missouri due to another person’s negligent or intentional actions, you may be able to pursue an injury claim to go after the financial damages you deserve. However, there are laws in Missouri that place a cap on these damages, which limit the amount a victim can obtain. 

What Are the Different Damages in Missouri?

Damages are legal terms that refer to financial compensation awarded to individuals in civil law cases. In the context of personal injury claims in Missouri, three main types of damages can be sought: economic, noneconomic, and punitive. 

Economic Damages

These damages encompass all tangible, measurable losses a victim incurs due to an accident. This category includes out-of-pocket expenses, such as medical bills, rehabilitation costs, lost wages due to missed work, and property repairs or replacement expenses. Economic damages aim to restore the victim’s financial position to what it would have been had the accident not occurred. 

Noneconomic Damages

Noneconomic damages account for the more subjective and intangible losses a victim experiences. This can include pain and suffering endured due to injuries, emotional distress, loss of enjoyment of life, and mental anguish. Assessing noneconomic damages can be complex, as it requires understanding the personal impact of the injuries on the victim’s overall quality of life. 

Punitive Damages

These damages go beyond mere compensation for losses and are specifically intended to punish the defendant for particularly egregious or malicious behavior. Punitive damages serve as a deterrent to prevent similar conduct in the future and are typically awarded in cases where the defendant’s actions were found to be reckless or intentionally harmful.

What Does It Mean To Have a Cap on Damages?

A damage cap is a law that limits the amount of compensation a plaintiff, the injured victim in a personal injury case, can receive from a defendant, the party deemed at fault for the injury. This limit is particularly relevant when a settlement is reached or a jury delivers a verdict that surpasses the state’s established damage cap. In such cases, the plaintiff will only be able to collect an amount that aligns with the cap, regardless of the higher figure determined through the legal process. 

Different states have varying approaches to implementing damage caps, which are designed primarily to regulate the financial implications of personal injury claims. For example, some states impose damage caps specifically on claims made against government entities, while others may choose to impose damage caps selectively on specific categories of damages, such as noneconomic or punitive damages. 

Damage Caps in Missouri

In Missouri, there are specific limitations on noneconomic damages in medical malpractice claims. Enacted through Senate Bill 239, this legislation limits the amount of noneconomic damages a claimant can recover during a medical malpractice lawsuit. Under this law, a claimant is limited to recovering a maximum of $400,000 in noneconomic damages for most medical malpractice claims. The cap increases to $700,000 in cases involving catastrophic injuries or wrongful death, which typically involve severe harm that significantly impacts a victim’s quality of life. The law also includes an annual adjustment clause, mandating that the damage cap increase by 1.7% each year to account for inflation and other economic factors. 

Additional damage caps are also imposed on non-economic damages if an individual seeks to file a personal injury claim against a government entity, such as the state or a municipal government.

Contact Wegmann Today To Learn More About the Financial Damages You Can Pursue

If you suffered harm in an accident in Missouri and want to know what financial damages you can pursue, contact Wegmann Law Firm today and review your questions with our experienced Missouri personal injury attorney.

The terms “no-fault” and “at-fault” pertain to the types of car insurance systems used across different states in the United States, particularly regarding how liability and compensation are handled after a car accident. If you are a driver in Missouri, you might be curious about whether your state follows a no-fault model for car accidents and the implications this could have for you post-incident. In the following guide, we will explore these differences in more detail and clarify the relevant laws in Missouri.

The Difference Between No-Fault and At-Fault States

In a no-fault system, individuals injured in a car accident can seek compensation for their medical expenses and lost wages directly from their own insurance company, regardless of who caused the accident. This system aims to simplify claims and reduce the need for litigation. In comparison, an at-fault system holds the driver responsible for the accident liable for damages, allowing injured parties to file claims against the at-fault driver’s insurance to recover costs.

Missouri Is an At-Fault State

Missouri is classified as an at-fault state. This means that when an accident occurs, the determination of fault is made, and the driver deemed at fault is responsible for compensating the other party for damages, injuries, and other related expenses. 

The Implications of an At-Fault State

For drivers in Missouri, the at-fault insurance structure has several important implications, which include the following:

Liability Coverage

Under the at-fault system, drivers need to maintain adequate liability insurance. This type of coverage is designed to pay for damages and injuries you may cause to others in an accident. If you are determined to be at fault and do not have sufficient liability coverage, you could be held responsible for significant financial expenses, including medical bills, property damage, and any legal fees associated with the incident. 

Different Ways of Seeking Compensation

When an individual is injured in an accident, they have several options for seeking compensation for their injuries and damages. For instance, the injured party can file a claim directly with the at-fault driver’s insurance company. If the at-fault driver does not have adequate insurance, the injured party may turn to their own insurance policy if they have additional coverage. This coverage can help cover costs when the at-fault driver cannot fully compensate for the damages. Moreover, if the damages exceed the coverage limits of the at-fault driver’s insurance or if the settlement offered is insufficient, the injured party may choose to pursue a personal injury lawsuit against the at-fault driver. This legal action can help recover costs that exceed the insurance limits, including compensation for pain and suffering, lost wages, and other damages incurred due to the accident. 

How To Determine Fault Following a Car Accident in Missouri

Determining liability in a car accident in Missouri can be complex, as it is not always a clear-cut situation. Several factors come into play when assessing fault, including the specifics of how the accident occurred.  As a result, investigating the circumstances surrounding the incident—such as the behavior of each driver, traffic conditions, and adherence to traffic laws—is critical. The police report can also provide important information regarding the accident, including statements from the officers who responded to the scene, any citations issued, and a preliminary assessment of fault. Witness testimonies can further influence the determination of liability, as they may provide further insight into the events leading up to the accident. 

Contact Wegmann Today To Review Your Legal Options

If you suffered harm in a car accident in Missouri and want to better understand the legal options and remedies you can pursue, contact Wegmann Law Firm today and review your case with an experienced Missouri car accident attorney.

If you were injured in an accident in Missouri due to someone else’s actions, you may be eligible for compensation through a personal injury claim. Yet many individuals hesitate to file such claims because they believe partial fault negates their chances of receiving financial damages. Fortunately, Missouri operates under a comparative fault system, allowing you to pursue compensation even if you share some responsibility for the incident. 

What Is Comparative Fault Law?

Missouri follows a pure comparative negligence system, which allows individuals to seek compensation for damages incurred in an accident, even if they are found to be partially responsible for the incident. In this system, the compensation amount awarded is adjusted based on the percentage of fault assigned to each party involved. 

For example, if a driver is found to be 30% at fault for an accident, their total compensation will be decreased by that same percentage. This approach ensures that all parties are held accountable for their share of responsibility while still enabling the recovery of damages, promoting a fairer resolution for those affected by accidents.

Do You Always Recover Under Comparative Fault Law?

Comparative fault law ensures that individuals can seek compensation for damages, even if they share some degree of responsibility for the incident. It operates under the principle of pure comparative fault, which means that a claimant can potentially recover damages—even if they are found to be 99 percent at fault. 

How Do You Prove Fault?

Negligence is a fundamental legal concept that arises when an individual or entity fails to exercise the level of care that a reasonably prudent person would typically demonstrate in similar situations. To establish a case of negligence, plaintiffs must successfully prove four critical elements: 

Duty of Care

The duty of care element involves showing that the defendant had a legal duty to care for the plaintiff. This means that the defendant has an obligation to act according to a certain standard of conduct and ensure that others are not exposed to foreseeable harm.

Breach of Duty

The second element is about showing that the defendant did not quite meet their duty of care. A breach happens when the defendant’s actions fall short of the expected level of care in that specific situation.

Causation

The third element focuses on establishing a direct link between the breach of duty and the plaintiff’s injury or harm. 

Damages

Finally, the plaintiff needs to show that they experienced real damages because of the defendant’s actions. These damages can come in many shapes and sizes, such as physical injuries (like broken bones), emotional distress (which might include anxiety or depression after an accident), financial hardships (including medical bills and lost wages), or even property damage (such as the costs to repair a damaged vehicle).

In Missouri, courts may hold defendants responsible for compensating plaintiffs for their losses when a case satisfies all four elements needed to establish negligence—duty, breach, causation, and damages. However, as mentioned above, this decision is made using the pure comparative negligence standard, which helps distribute fault among everyone involved. 

How Does the Insurance Company Use Comparative Fault To Their Advantage

Insurance companies often use the comparative negligence rule to reduce their financial payouts in personal injury claims. For example, insurers might try to shift a more significant portion of the blame onto the injured party, arguing that their actions contributed to the incident, which decreases the insurer’s financial liability. 

Given the challenges posed by these situations, it may be wise to reach out to a skilled personal injury attorney who can effectively navigate these complexities. These legal professionals possess a deep understanding of the tactics used by insurance companies and can safeguard your rights throughout the claims process.

Contact Wegmann Law Firm Today 

If you suffered harm in a personal injury accident in Missouri and want to learn more about your legal options or the remedies available to you, contact Wegmann Law Firm today. Our skilled personal injury attorneys can review your case and determine the legal steps you should take next.

Many individuals who have suffered serious injuries from accidents find that financial challenges can escalate quickly once the initial chaos subsides. Medical bills, rehabilitation expenses, and a variety of other costs can accumulate rapidly, which understandably leads to significant stress. As a result, it is normal to be concerned about how long it will take to receive compensation from a lawsuit.

However, while every case is unique and will have its own timeline, understanding the factors that may extend the process or lead to a quicker resolution can be very beneficial.

Factors That Can Impact a Case’s Timeline

In Missouri, the duration of a personal injury lawsuit can vary considerably. Typically, if you choose to settle out of court, the process may take between a few weeks to a year. On the other hand, if the case proceeds to trial, the timeline may extend to two years or even longer. 

Several factors can notably impact the time needed to resolve a case, such as the following:

The Injuries Sustained

Severe injuries can often result in higher medical expenses and financial stress, meaning it may take a while before you receive the compensation you need. Plus, these injuries generally require longer recovery periods, highlighting the importance of taking the time necessary for a thorough evaluation. However, this careful approach allows for a complete understanding of the lasting effects of your injuries, ultimately helping you build a stronger case in compensation discussions.

Case Complexity

Cases with complex details or several legal issues often take extra time and effort to understand. These intricacies can arise from various factors, such as the interaction of different legal principles, the necessity for extensive research, and the requirement of specialized knowledge or expertise. As a result, legal professionals often invest a significant amount of time and focus to untangle these complexities, ensuring a thorough evaluation and strong representation.

Multiple Parties

The involvement of multiple parties in a case can significantly complicate proceedings. Each additional party introduces distinct interests, perspectives, and requirements, leading to extended negotiations and frequent meetings. This increased complexity raises the likelihood of misunderstandings and disputes, potentially prolonging the resolution timeline.

Evidence Availability

Collecting sufficient evidence is often a time-consuming task. The process can be stalled by challenges in securing critical documents, such as photos, emails, and other relevant records. Additionally, scheduling and conducting witness interviews can be labor-intensive, especially if key individuals are challenging to reach or require further discussions. Finally, obtaining expert testimony can also significantly impact the timeline, as it involves locating appropriate professionals, coordinating their schedules, and ensuring thorough evidence analyses. Consequently, each of these factors can influence the timeline of a case, emphasizing the need for prompt evidence collection for a successful legal outcome.

Trial

While many cases are resolved through negotiation outside of court, some disputes may not reach a resolution in this manner. Trials often take significantly longer than settlements due to the need for court appearances, evidence presentation, and the resolution of complex legal matters. Furthermore, if an insurance company is unwilling to offer a fair settlement, you and your attorney may have to pursue litigation to obtain the compensation you deserve.

To Learn More About Case Timelines, Contact Wegmann Law Firm Today 

If you were harmed in a personal injury accident in Missouri and want to learn about your legal options, reach out to Wegmann Law Firm today. Our experienced personal injury attorneys can evaluate your case, offer advice on the options you can pursue, and help you go after the financial damages you need.

Getting injured in an accident is stressful enough—but dealing with the medical bills that follow can feel overwhelming. Who’s responsible for paying them? Will insurance cover everything? And what if you cannot afford treatment while waiting for a settlement?

If you have been injured due to someone else’s negligence in Missouri, understanding how medical expenses are handled is crucial. In this blog, we’ll break down who pays for your medical bills, how insurance factors in, and what options you have while your case is pending.

Who Is Responsible for Covering Your Medical Bills?

Unfortunately, if you were injured in a personal injury accident, the burden of payment typically falls on you. Medical providers expect you to pay your bills directly, even if someone else is responsible for the injuries. 

Health Insurance

In many cases, your health insurance company may help cover the medical expenses incurred due to a personal injury or accident. However, if you obtain compensation from a settlement or personal injury lawsuit, your health insurance provider may, in certain situations, be entitled to reimbursement for medical expenses they cover. To determine if this would apply in your case, it is important to speak with an experienced Missouri personal injury attorney.

MedPay

In Missouri, medical payment coverage (commonly known as MedPay) is an optional component of auto insurance. This means that it is not mandated by law for drivers. However, due to its benefits, many consider adding MedPay to their auto insurance policies. 

This coverage can help pay for a variety of medical expenses incurred by you and your passengers in the event of an accident, regardless of who is at fault. This includes costs such as hospital bills, doctor visits, and rehabilitation services.

Car Insurance

In Missouri, car insurance operates on a traditional at-fault basis system. After an accident, the victim files a claim with the insurance of the at-fault driver, which is responsible for covering the victim’s losses, such as medical bills, up to the policy limits. However, these limits may not fully cover all costs, especially in severe injury cases.

Medical Lien

Another option to consider is a medical lien, which some medical providers may accept. A medical lien allows you to receive necessary treatment immediately, deferring payment until you obtain a settlement or verdict in a personal injury case. This agreement ensures that you can access immediate healthcare without the financial burden upfront, but it is crucial to be aware that any lien must be resolved before you receive your settlement funds. 

This means that a portion of your compensation will go directly to settling your medical provider’s lien before you receive any remaining amount. However, Missouri law stipulates that the total amount of all medical liens cannot exceed 50% of your net recovery after attorney’s fees and expenses are deducted.

Pursuing Compensation Through a Personal Injury Lawsuit

Depending on the situation, filing a personal injury suit against the liable party or their insurance company can be another way to ensure you receive the maximum compensation for your injuries. Obtaining a court verdict or reaching a favorable settlement can provide financial support for medical costs and other losses and damages, such as lost wages and pain and suffering.

Take Control of Your Medical Expenses – Contact Us Today

Dealing with medical bills after a personal injury can be overwhelming, but you do not have to face it alone. Understanding your rights and options can make all the difference in ensuring you get the compensation you deserve.

If you’ve been injured in Missouri and have questions about your medical bills or personal injury claim, do not wait—contact Wegmann Law Firm today for a free consultation. 

If you have been injured due to someone else’s negligence, the financial impact can be just as overwhelming as the physical pain. Medical bills pile up quickly, but what about the income you lose while recovering? In a personal injury case, you have the right to seek compensation for lost wages, ensuring that your financial stability is not jeopardized by an accident that was not your fault.

In the guide below, we will review in detail what these lost wages entail and how to calculate them in a personal injury case. 

Types of Lost Wages You Can Recover

Lost wages go beyond just the paycheck missed while recovering. In fact, several types of compensation may be accessible, including:

• Regular earnings: Your standard salary or hourly wages that you missed due to your injury.
• Overtime: If you regularly work overtime, you can claim compensation for lost opportunities.
• Bonuses and commissions: If you were on track to earn a bonus or commission but could not because of your injury, this lost income could be included.
• Sick leave and vacation days: If you used paid time off (PTO) while recovering, you can seek compensation for those lost benefits.
• Self-employment income: Independent contractors and business owners can recover lost income based on previous earnings and potential lost business opportunities.

To fully understand what compensation you may be entitled to, consulting with an experienced personal injury attorney is crucial. These legal professionals can address your questions and help you understand the financial recovery options you can pursue.

Proving Lost Wages in a Personal Injury Case

To effectively claim compensation for lost wages, individuals must present clear proof of their lost income. This proof can include the following types of evidence:

• Pay stubs or direct deposit records: These documents establish your typical income before the injury.
• Employer verification: A letter from your employer confirming your absence and how much you would have earned.
• Tax returns: If you’re self-employed, tax records can demonstrate your annual earnings.
• Work schedules: A record of your scheduled hours and missed shifts.
• Medical records: Proof that your injury required time off work.

Future Lost Earnings and Reduced Earning Capacity

In severe cases, an injury may prevent you from returning to work for an extended period or even permanently. If your ability to earn a living has been affected, you may be entitled to compensation for future lost earnings or reduced earning capacity.

However, calculating future lost wages is more complex and often requires expert testimony from economists or vocational experts. Factors that can influence this calculation include the following:

• The occupation and salary before the injury.
• The severity of the injury and expected recovery time.
• The ability to return to work in any capacity.
• Whether earning potential has been diminished.

How Can a Personal Injury Attorney Help You Recover Lost Wages in Missouri?

Establishing lost wages can be a complicated process. For instance, insurance companies may try to dispute your claim, contending that your injuries are not as severe as you assert or that your lost income lacks adequate justification. In these situations, partnering with a skilled Missouri personal injury attorney can significantly impact your outcome.

At Wegmann Law Firm, our skilled legal team fights to ensure clients recover every dollar they are entitled to. From gathering the necessary documentation to working with financial experts, we are here to build a strong case on your behalf and maximize compensation. 

Contact Wegmann Law Firm Today To Learn More About Lost Wages

If you have suffered lost wages due to an injury, contact our legal team today for a free consultation. Let us help you go after the financial recovery you deserve. 

Social media plays a significant role in our daily lives in our hyper-connected world. From sharing vacation photos to updating friends on life events, platforms like Facebook, Instagram, TikTok, and X (formerly Twitter) are an easy outlet for personal expression. 

However, if you’re in the middle of a personal injury case, those posts could do more harm than good. What you share online may end up in court and be used against you.

Yes, Insurance Companies Are Watching

When you file a personal injury claim, the opposing party’s insurance company is not just reviewing your medical records and accident report—they’re likely reviewing your social media activity too. It is standard practice for defense attorneys and insurance adjusters to look for posts, photos, comments, and check-ins that could undermine your case.

For example, if you claim to have suffered a serious back injury, but post a picture of yourself hiking a trail or dancing at a wedding, that content can be used to argue that your injuries are not as serious as you’ve claimed. Even seemingly harmless posts—like a status update saying you’re “feeling great today”—can be twisted to discredit your pain and suffering.

What You Post Can Be Used as Evidence

Posts on social media are treated as public declarations. Even with a “private” account setting, a court may permit the opposing party to request those posts through a subpoena if it deems the material important to the case. This implies that your messages, images, videos, comments, and even deleted content could be presented as evidence.

Moreover, the investigation is not limited to your own profile—tagged images from friends or family, location check-ins, and shared content can also be included.

Common Social Media Mistakes to Avoid

To safeguard your personal injury case, avoid the following common missteps:

• Posting about the accident: Avoid discussing details of the accident, your injuries, or who was at fault.
• Uploading photos or videos: Even unrelated content can be misinterpreted to downplay your injuries.
• Engaging in arguments online: Heated online discussions can come across as volatile or inconsistent with the emotional distress you may be claiming.
• Accepting new friend requests: Be cautious of unfamiliar friend requests—they could be from investigators trying to access your content.

Consider Staying Quiet Online

We often advise clients to pause all social media activity while their personal injury case is ongoing. That includes Facebook, Instagram, TikTok, and even LinkedIn. If you must use social media, make sure to:

• Tighten your privacy settings
• Avoid posting anything personal or injury-related
• Ask friends and family not to tag you or mention your case

Even a single careless post can unravel weeks or months of progress in your case.

Let Your Lawyer Handle the Storytelling

Your story should only be shared in court or with your attorney. Personal injury cases rely on meticulously curated evidence, strategic legal approaches, and a clear account of how the accident affected your life. Context is often lost on social media, and controlling its interpretation becomes difficult once something is posted.

Contact Our Legal Team Today To Learn More

When pursuing a personal injury claim, it’s important to think twice before hitting “post.” Social media can feel like a safe space, but it’s often the first place opposing attorneys look for evidence to use against you.

At Wegmann Law Firm, we’re here to guide you through every step of your personal injury case, including helping you avoid common digital pitfalls. If you’ve been injured and are wondering what your next steps should be, contact us today for a free consultation. We’ll make sure your voice is heard—where it matters most.

If you’ve been injured in an accident caused by someone else’s negligence, you may be considering a personal injury lawsuit. In Missouri, navigating the legal system can feel overwhelming, especially if it’s your first experience with the courts. However, understanding what to expect can help ease anxiety and empower you to make informed decisions throughout your case.

Initial Consultation with a Personal Injury Attorney

Your first step in the personal injury lawsuit process should be to speak with an experienced Missouri personal injury attorney. During this free or low-cost consultation, you will have the opportunity to explain the details of your accident and injuries. The attorney can then evaluate whether you have a strong claim based on liability, damages, and other key legal factors.

Investigation and Gathering Evidence

When the attorney takes your case, they can begin investigating your claim. This involves collecting medical records, accident reports, photographs, witness statements, and other documentation supporting your case. In some cases, experts may be brought in to reconstruct the accident or testify about your medical condition and future treatment needs.

Filing the Lawsuit

If a fair settlement cannot be reached with the at-fault party’s insurance company, your attorney may file a formal complaint in the appropriate Missouri court. This document outlines your claims, the legal basis for the lawsuit, and the compensation you seek.

After the complaint is filed, the defendant (the party being sued) is served with legal notice and given a chance to respond.

Discovery Process

The discovery phase is a key part of any personal injury lawsuit. Both sides exchange relevant information through written questions (interrogatories), document requests, and depositions (sworn statements taken under oath). This helps both parties prepare for trial and often leads to clearer settlement opportunities.

Discovery can take several months, depending on the case’s complexity and how cooperative both sides are.

Negotiation and Settlement Talks

Many personal injury cases settle before reaching trial. After discovery, your attorney may negotiate with the defense to reach a fair settlement. Missouri law does not require you to settle, but accepting a reasonable offer can save time, stress, and legal fees.

Trial

If no settlement is reached, your case will proceed to trial. Personal injury trials in Missouri are typically heard before a jury, though some cases may be decided by a judge. Both sides will present evidence, question witnesses, and make legal arguments.

At the end of the trial, the jury will determine whether the defendant was liable and, if so, how much compensation you should receive. This can include damages for medical expenses, lost income, pain and suffering, and other losses.

Appeals and Post-Trial Motions

Either party has the right to file an appeal if they believe legal errors affected the outcome. Appeals can delay the final resolution of your case, but they’re not common unless a major issue occurred at trial.

Missouri’s Statute of Limitations

Under Missouri law, you generally have five years from the date of the injury to file a personal injury lawsuit. However, there are exceptions, such as in medical malpractice cases or claims against government entities, which often have shorter time limits. Failing to file on time can result in losing your right to compensation.

Contact Our Legal Team Today 

Navigating a personal injury lawsuit in Missouri can be complicated and emotionally challenging, but you do not have to take on this process alone. If you or a loved one has been injured due to someone else’s negligence, and you want to explore your legal options, contact Wegmann Law Firm today to schedule a consultation with our legal team.