Blog Layout

Personal Injury Cases and Auto Accidents

Admin • Aug 06, 2018
Car Accident — St. Louis, MO — David Naumann & Associates
If you've been injured and you feel like someone else may be responsible, you might be wondering if you're due compensation for your injuries.

While a variety of factors are taken into consideration when determining liability in a personal injury case, there are a few important things that you should know before pursuing a lawsuit.

Determining Negligence

You're expected to exercise caution and avoid causing injury to others whenever possible. For example, if your porch railing is broken, you can be reasonably expected to fix it so that visitors to your house don't get hurt walking up the steps.

Another example is you're expected to operate a vehicle as safely as possible and without impairment.

In order for someone to be held liable for someone else's injury, it will have to be determined that an average person would have done more to prevent the incident or dangerous condition that caused the injury. If it can be shown that the at-fault party did not exercise a reasonable amount of caution, they may be found negligent.

For example, let's say you're injured in an accident caused by a drunk driver. In this situation, since the drunk driver didn't exercise care to avoid causing a dangerous situation, he would be considered negligent and likely responsible for damages.

It's common knowledge that alcohol impairs a person's ability to drive, and therefore a reasonable person is expected to avoid driving under the influence. Incidentally, auto accidents are a leading cause of injury in Missouri.

Comparative Negligence

Missouri is a comparative negligence state, which means that the amount of your settlement may be reduced by the degree to which you're found at fault.

For example, if you were distracted when another driver hit you, you may be found to be partially at fault. Let's say you prove $80,000 in damages and are found 20 percent at fault. Your settlement would be reduced by 20 percent, and you would recover $16,000 in damages.

Compensatory Damages

If you file a personal injury lawsuit, your attorney will be seeking compensatory damages for the various ways in which the injury has affected your life. If your life has been minimally impacted by the injury, it's probably not worth pursuing a lawsuit.

However, there are several types of damage considered by the court system in a personal injury suit, some of which you may not be aware of. For example, if the injury has affected your social life or your marriage, these factors will be taken into consideration when awarding damages.

Here are some of the primary factors considered by the court when determining the damage awarded in a personal injury lawsuit:
  • Income from missed work, along with lost income potential in the future
  • Medical bills resulting from the injury and any resulting conditions
  • Pain and suffering caused by the accident
  • Relationship issues caused by the injury, directly or indirectly
  • Loss of enjoyment of life, including loss of ability to participate in hobbies and social events
  • Property damage resulting from the incident
Many factors are taken into account when determining the amount of compensation. You may be entitled to compensation under the law.

Punitive Damages
In certain cases, you may be awarded punitive damages. These are intended as additional punishment for the at-fault party and are usually limited to cases where the injury was intentional or the negligence involved was extreme. However, punitive damages are relatively rare in personal injury suits.

If you've been injured, don't hesitate to contact an attorney. The state puts a limit on how long you can file a claim after you've been injured. The statute of limitations in Missouri is five years, which is longer than most states. However, if you wait too long to file, your suit could be dismissed. Contact the experienced attorneys at David Naumann & Associates for a consultation.
04 May, 2021
You have the right to seek justice if you or a loved one is involved in an accident from someone's negligence. Discover six types of personal injury cases.
26 Feb, 2021
Even a minor crime on your criminal record can prevent you from getting a job or qualifying for a loan. Learn about expungement and how it can help.
By Admin 05 Jan, 2021
Do you want to apply fora mortgage? Then read our blog to learn about a few of the common examples of mortgage fraud so you can avoid them.
By Admin 29 Oct, 2020
A power of attorney is a legal document that gives someone power to make decisions about your property or person. Learn about the different types.
Domestic Violence Law Book and Gavel — St. Louis, MO — David Naumann & Associates
By Admin 27 Aug, 2020
If you face an accusation of domestic violence, read our blog for an overview of domestic violence charges in Missouri so you can understand what to expect.
By Admin 25 Jun, 2020
Appearances can affect first impressions, so every defendant needs to project the right image. Learn how you can prepare your appearance for court.
By Admin 29 Apr, 2020
Read hereto learn exactly what DUID is, when you can get a DUID charge, what kind of penalties DUID carries in Missouri, and how you can fight the charge.
Smiling Woman Working — St. Louis, MO — David Naumann & Associates
By Admin 25 Feb, 2020
Missouri has a workers' compensation program that provides benefits to workers harmed on the job. Look at the key rights Missouri employees need to know.
Man Driving — St. Louis, MO — David Naumann & Associates
By Admin 01 Jan, 2020
Driving with a suspended license comes with criminal penalties. Learn about four of the most common defenses an attorney can raise to fight these charges.
Lawyer and Man with Handcuffs — St. Louis, MO — David Naumann & Associates
By Admin 20 Oct, 2019
Unfortunately, many defendants don't understand the appeals process and base their decisions on misinformation. Learn more about criminal appeals here.
More Posts
Share by: