Injuries caused by auto wrecks including cars, trucks, motorcycles and other motor vehicles.
Dr. Bradshaw and Auto Wrecks Underinsured Motorist Coverage
Compensation and Recovery for Losses Uninsured Motorist Coverage
Venue Medical Payments Coverage
Time Limits Bad Faith
Do's and Don'ts Research and Resource Links

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.

Bad Faith: People carry automobile insurance to protect them in the event they injure someone or cause damage to property while operating their automobile. The insurance company has an obligation to hold up their end of the contract by paying valid claims.  If an insurance company is given the opportunity to settle a valid claim within the limits of the policy and the person who owns the insurance advises them (typically in writing) to settle within the policy's limits and within the time limits, and the insurance company refuses to do so, under certain circumstances, the insurance company can be held liable for an amount in excess of the policy limits. This is called bad faith.  Your attorney should be able to describe this concept to you in great detail. This concept is important for protecting the assets of the person who caused the wreck, and potentially enable the injured party to collect in excess of the insurance limits from the insurance company.

Research and Resource Links: For further information and links to valuable research and resources, please check out our Research and Resources page by clicking here.


Disclaimer: Information on this website and other web pages is of a general nature only. The information is not specific to any particular case and may not apply to your case. Statutes and other information listed on this site may not be current as laws are constantly changing. There are almost always exceptions to general principles of the law. This site does not contain legal advice and should not be used as such. This site is primarily designed so that you might ask more educated and important questions when you contact a qualified attorney. Retain a qualified attorney for legal representation or legal advice as soon as possible. Almost all cases require legal analysis by a qualified attorney. This website confirms to the ethical rules of Missouri which is the principle location of practice, where Dr. Bradshaw’s license is continually active and where all the permanent staffed offices are located. When working on cases outside the state of Missouri a co-counsel, often called local counsel, will be hired. This applies even to states in which Dr. Bradshaw is licensed to practice law. Dr. Bradshaw is not certified by the Texas Board of Legal Specialization. Fees vary and range from 10% to 50% depending on the nature and complexity of the case, and litigation expenses (not fees) in Medical Malpractice cases often exceed $100,000 and have reached as high as $350,000. The choice of a lawyer is an important decision and should not be based solely upon advertisements. The Research and Resource links are also intended to allow members of the general public to have access to medical and other information; the website does not vouch for the accuracy or liability within these outside hyperlink sites.

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Springfield Office
Brad Bradshaw M.D., J.D., L.C.
1736 East Sunshine, Suite 600
Springfield, MO 65804
Phone 417-890-8888 - Fax 417-889-9229
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Brad Bradshaw, MD, JD, of St. Louis, LLC
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St. Louis, MO 63105
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Brad Bradshaw M.D., J.D., L.C.
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