Disclaimer:
Information
on this website is of a general nature, may not apply to your case,
and may not be current because laws are constantly influx. The
following information is not legal advice specific to any one case.
Read the full disclaimer below.
Dr. Bradshaw and Auto
Wrecks: In the
majority of auto wreck cases, we have been able to settle the cases
for our clients without even filing a lawsuit. Our fee in such cases
is only 25%. This is a significant savings when compared to
attorneys who charge anywhere from 1/3 to 50% at this level. Also,
we have experienced success in negligence cases at trial, obtaining
verdicts in excess of two million dollars..
Compensation and Recovery
for Losses: If you
have been injured in an automobile accident, there are many
different types of recovery to which you are entitled. Please
keep in mind that the types of recovery vary depending on the facts
of each case. The potential compensation and recoverable losses
include:
-
Hospitalization
-
Rehabilitation
-
Transportation
-
Out Patient
Treatments
-
Emergency
Care
-
Prescriptions
-
Assistive
Devices
-
Medical
Supplies
-
Lost
Wages
-
Home
Alterations
-
Vehicle
Alterations
-
Home Health Care
- Nursing and Medical
-
Pain
-
Loss of Life's
Enjoyments
-
Future Medical
Needs
-
Future Lost
Earnings
-
Cover Costs
(Paying someone to do tasks for you while unable to
work)
-
Consortium
(Spouse's losses)
There
may be other types of damages that you may be entitled to under the
law. For more information please contact our office in
Springfield, Missouri at 417-890-8888.
If
you have been in an auto wreck, there are several important things
to consider.
Venue: Venue
refers to the place where a lawsuit may be brought into court.
In Missouri, in many injury (tort) cases, venue is often determined
to be the county where the first injury occurred.
Time
Limits: Time
limits are often called "Statute of Limitations." This means
that after the wreck you only have a certain amount of time in which
to file a lawsuit. Currently the statute of limitations for
large truck wrecks in the state of Missouri is five years from the
date of the wreck. Please keep in mind that there are
exceptions to this rule, which can change the amount of time you
have in which to file a lawsuit. For instance, a minor may
have more than five years but the parents may have only five years
for the medical bills portion of the action. A wreck that results in
death may shorten the time limit to only three years under the
wrongful death statute. Another example is when a wreck
involved the Department of Correction and in these cases, the
statute of limitations may be as short as one year. And the
exceptions go on and on... Additionally, there are exceptions to
these exceptions. Each state sets out their own statutes of
limitations under the types of actions. Just as importantly,
defendants may move and become difficult to find. If you have a
potential action, seek out the qualified attorney as soon as
possible.
Do's and Don'ts:
DO - Seek all necessary medical treatment from a qualified
physician or emergency room as soon as needed.
DO - Keep all medical appointments unless there is a valid
reason you have documented for not attending the appointment.
Insurance companies sometimes try to reduce compensation and claims
because of failures to attend appointments, called "failing to
mitigate damages" and the courts allow them to do this.
DO - Get photographs of your vehicle showing any damage
before it is repaired, given to an insurance company, or turned over
to a scrap/junk yard. It is important to document the damage which
was done to your vehicle. Once your vehicle is destroyed or repaired
that portion of your evidence no longer exists.
DO - Keep track of any lost time from work including
specific dates and times, including obtaining physician off-work
notes covering time off work.
DO - Keep track of additional expenses you incur as a
result of your injures, such as payments to others for assistance
during your recovery. It is best to pay with a check and get a
receipt so that there is proof of payment. Insurance companies often
attempt to reduce reimbursement for these types of things if there
is no proof of payment.
DO - Get photographs of the scene of the wreck showing
skid marks, traffic control devices and the lay of the road. If you
hire an attorney, be sure your attorney gets this information for
you. This type of evidence disappears quickly and is another reason
to obtain representation immediately. If you obtain photographs, it
is important to obtain still and video pictures. This includes both
traffic signals and lay of the road and any debris from the wreck.
If you obtain video tape of a traffic signal, be sure and get two or
three complete cycles of the signal. Additionally, contact local TV
stations and newspapers to see if they have any footage of the wreck
scene/area. TV stations often reuse film after only 7 to 14 days.
Again, obtaining assistance as soon as possible is often beneficial
in these cases.
DON'T - Give a recorded statement to the insurance
company, if possible.
DON'T - Sign any documents, releases or checks from the
insurance company without consulting an attorney.
Underinsured Motorist
Coverage: Underinsured
motorist coverage is an option on most insurance policies. This
protects you in the event that the person who hits you, the liable
party, does not have enough insurance to pay for your damages. If
you have this coverage, you may be entitled to collect additional
compensation from your own insurance company for your injuries after
you have collected from the liable party. Please read your policy
carefully as many policies specify that your liability limits under
this coverage must be more than the limits carried by the liable
party. This insurance is generally defined as excess or secondary,
which means that all other applicable liability coverage must be
exhausted before you can collect under this provision.
Uninsured Motorist
Coverage:
Uninsured motorist coverage protects you in the event that the
person who hits you, the liable party, does not have any insurance.
In some cases, depending on how your policy is written, you may also
be covered in the event of a hit-and-run type accident if the police
are unable to locate the responsible party. Please check your
insurance policy carefully to determine if you have this coverage,
and if so what limits of liability you carry.
Medical Payments
Coverage: Medical
payments coverage is an optional coverage on your automobile
insurance that pays for medical treatment that is necessary as a
result of injury while occupying your vehicle. This coverage is
extremely important; generally it does not matter who is at fault in
a wreck for this coverage to apply. Regardless of whether you
are rear-ended by someone at a stop sign or you lose control of your
vehicle and end up in a ditch, if you are injured this coverage may
pay for your medical bills. Many people are unaware of what
this coverage actually does and they only carry one to five thousand
dollars coverage. This coverage is generally inexpensive and with
some companies you can obtain up to $100,000 worth of
coverage. Another important feature of this coverage is that
they generally have no right of subrogation. This means that
regardless of whether your medical bills have been paid by your own
insurance company or not, if someone else is liable for the wreck
and your injuries, you can get compensation from the liable party
based on the total amount of your medical bills, NOT just the bills
that are unpaid.