At Holman Schiavone Law, LLC, we believe that everyone, no matter their financial circumstances, deserves access to high-quality legal representation. That is why we offer a free consultation and work on a contingency fee basis. That means that you pay nothing upfront, and we take a percentage of your settlement after we win your case. If your case is unsuccessful, we will not receive anything for our work. We assume all the risk, so you don’t have to.
If you or someone in your family has suffered a preventable injury because of someone else’s actions or inaction, then you have a right to pursue compensation, and we want to help.
We have a long history of success both in negotiating fair settlements outside of court and advocating for our clients in front of a Judge. Insurance defense lawyers know which attorneys are willing to go to court and which are not. Our stellar reputation means the defense is more likely to offer a high settlement outside of court rather than risk losing more.
We will be your fiercest advocates and will fight for a settlement that is representative of your economic expenses and your emotional suffering, as well as your current and future losses. If your injuries are ongoing, we will fight to ensure that all of your future costs are considered and that you are never left struggling financially because of an accident that wasn’t your fault.
With an experienced Missouri personal injury attorney by your side, you can focus on your health and recovery and let them handle the investigation, negotiations, and legal battle.
Give us a call at 816-320-6108 for a free consultation with a Missouri personal injury attorney.
We represent clients across Kansas and Missouri, including Overland Park, Joplin, and St Louis.
Personal Injury Lawyer – Do I Need One?
Injury victims seeking financial recovery are well within their rights to pursue a personal injury claim without legal assistance. However, it is incredibly stressful, especially if you do not have much knowledge about personal injury law. It also has a high risk of resulting in no compensation or much less than what you deserve.
When you have the help of a Missouri personal injury lawyer, they can take over your case so that you can focus on getting better. Most personal injury victims who do have representation end up with a higher amount in compensation, even when legal fees are considered.
Your attorney will understand how to evidence contentious claims, such as the financial value of your emotional suffering and the costs of future medical treatment.
Many personal injury victims who do decide to try and go it alone do so because they are concerned about the cost. However, at Holman Schiavone Law, LLC, we work on a no-win no-fee basis, so you never have to worry about being out of pocket.
An experienced personal injury attorney will maximize your chances of success by gathering evidence and negotiating fiercely. Insurance defense attorneys are also more likely to take another lawyer seriously and are more inclined to offer a fair settlement.
Large insurance companies will have teams of lawyers whose only job is to save them money by devaluing or dismissing claims brought against them. When you have strong legal representation, you level the playing field and protect your rights.
Dealing With Insurance Companies
Almost all personal injury cases are going to involve negotiation and discussions with the insurance companies. These companies are driven by profit and will always have their own best interests at heart, and it is worth bearing this in mind if you end up having to talk to them yourself. They may try to use underhanded tactics to get you to admit some level of fault and reduce their liability.
Once you have representation, your best option is to tell them that you wish for them to liaise with your attorney going forward. They will know what to say and how to protect your rights.
Be wary of any settlement offers given to you directly, and never accept without speaking to your attorney. Once you have accepted a settlement from an insurance company, you forgo the right to pursue further compensation from that point onward.
Types of Personal Injury Claims in Missouri
At Holman Schiavone Law, LLC, we have a long history of successful personal injury claims, which means that regardless of the circumstances of your case, the likelihood is that our attorneys have helped someone in a similar position to you in the past.
The most common types of personal injury cases we handle are:
As a consumer, you have a right to be able to use a product for its intended purpose without fear of injury. Products should also come with proper instructions and adequate warnings of any potential dangers. When a dangerous or defective product hurts a consumer or a bystander, then the victim may be able to claim compensation from the manufacturer.
Most product liability claims are based on strict liability, which means that the manufacturer doesn’t have to have behaved negligently for victims to be able to claim compensation. For example, if a manufacturer properly tested their product and was unaware of the dangers, but a consumer was injured anyway, they may still be able to claim compensation.
Common product liability claims involve:
- Medical devices, such as port catheter injury
- Children’s toys
- Kitchen appliances
- Automobile parts
- Home improvement tools such as lawnmowers and power tools
Property owners have a duty to keep their premises free from hazards and to warn visitors of any potential dangers. If they fail in their duty and a visitor is injured as a result, then they may be liable for the resulting damages.
Under the attractive nuisance doctrine, trespassers who are children may also claim compensation for injuries if they were tempted onto the premises. For example, if a child in an apartment complex walks past a closed pool with the gate left open, and they decide to enter and end up with an injury, then they may be owed compensation.
Some of the most common personal injury claims we see are those involving auto accidents. All road users have a duty of care to other people on the road. That means that they must follow the rules of the road and drive in a safe manner. If they fail to do so and cause an accident, then they may be liable for all resulting damages.
All employees in the United States are protected by federal laws designed to keep them safe in the workplace. If someone is injured at work due to poor workplace practices, then they may be owed compensation.
When someone loses their life because of the negligent actions of another person, it is known as wrongful death. When this happens, family members may be able to claim compensation for both their emotional distress and their economic losses, such as loss of income to a family household.
What to do After a Personal Injury Accident
Every case is unique, and if you have recently been in an accident, then we always recommend seeking a free consultation with our law firm. We will give you some initial advice about your next steps based on your specific situation. Even if you think you might be partially at fault, it is still worth reaching out. So long as you are less than 50% at fault for the accident, you may still be able to claim compensation.
To protect your health and maximize your chances of fair compensation, here are some steps you should take.
Check For Injuries
After an accident, your priority should always be your health and the health of those around you. If you feel pain in your head or neck, then you should stay where you are and not move. If you are able to, check those around you for injuries. If anyone requires immediate medical attention, then phone for an ambulance right away.
Move to Safety
If your injuries allow, then you should move to a place of safety. If you were in a road traffic accident, then you may need to move out of the way of oncoming traffic. Or if you were in a workplace accident, then you may need to move away from any potential fire hazards or chemical spills.
Call Emergency Services
Depending on the nature of the accident, you may need to call emergency services. If you have been in a road traffic accident and there are injuries or serious property damage, or you suspect that someone is driving under the influence, then you are required to call the police to the scene.
If you were in a workplace accident, then you may need to call the fire brigade to mitigate any potential hazards.
Emergency services will help keep people safe and will also file a report which will be important in evidencing your claims later on.
Regardless of the circumstance of the accident, the more evidence your attorney can find, the better. You can help by gathering some initial evidence at the scene if you are able to. Take photos of the scene, your injuries, and anything you think might be relevant. You should also collect the contact information of anyone involved in the accident and any witnesses.
We also recommended that you make a written note of what occurred as soon as possible. It is natural for memories to become hazy, and so this can really help to make things clear. You can also continue to record all your expenses, as well as your emotional and physical suffering.
Seek Medical Attention
If you were not taken to the hospital by the paramedics at the scene of the accident, then you should seek a medical examination as soon as possible. A medical report is integral to any personal injury claim, as it provides evidence for your injuries. The sooner after the accident, the better, as it will be easier to establish that your injuries resulted from the accident.
Contact Holman Schiavone Law, LLC
You should speak to a personal injury lawyer as soon as you can. If possible, you should do this before speaking to any insurance company. Your Missouri personal injury lawyer will advise you and help to protect your right to compensation.
Claiming Compensation in a Missouri Personal Injury Case
Missouri personal injury lawsuits allow victims to seek compensation for the damages they incur after an accident that wasn’t their fault. Some damages are relatively straightforward, such as your past medical bills; these have a clear number attached to them.
However, other damages are not so simple. Firstly, your future costs must also be considered, or you could still end up out of pocket. To determine what your ongoing medical costs may be, your attorney may need to draw upon expert testimony.
Non-economic damages are also more difficult. It can be challenging to put a financial figure on your emotional suffering. However, an experienced personal injury lawyer will know how to evidence your claims so that you are properly compensated.
Your Missouri and St Louis personal injury attorneys can help you claim damages such as:
Medical Expenses Past and Future
Serious personal injury can lead to large medical expenses that even the most comprehensive insurance plans cannot cover. It is important that all of your medical expenses are considered in your settlement, including hospital bills, medication costs, home adjustments, transport to and from the hospital, childcare costs, and more. Future medical costs should also be included in your settlement.
Pain and Suffering Damages
Pain and suffering is the legal term for your emotional suffering as a result of your personal injury. It includes things such as emotional trauma from the accident, physical pain, and loss of enjoyment in life.
To calculate what your pain and suffering damages are worth, your attorney may calculate your economic damages, such as your medical expenses, lost wages, and property damage, and apply a multiplier to that sum, depending on the severity of your pain and suffering. If your injuries are life-limiting and will prevent you from continuing to live your life as you once did, then this multiplier could be as high as five.
An injury will inevitably lead to time away from work and lost wages. All lost wages should be considered in your settlement, and if your injuries are likely to prevent you from returning to work, then you could be compensated for a lifetime of lost earning potential.
Most personal injury cases never go to court. That is because court proceedings are time-consuming and expensive. Therefore, it is often in everyone’s best interest to settle outside of the courtroom. However, if your case does go to court, then the Judge may decide to award punitive damages.
Unlike the damages listed above, which are compensatory damages, punitive damages are designed to punish the perpetrator or to deter similar behavior in the future. They are only awarded in cases involving gross negligence or malicious intent.
Missouri Personal Injury Lawyer FAQ
Law firms that work on a contingency fee basis, like ours, will not take any upfront fees to fight your case. If you lose your case, you will not pay a penny either. Your legal fees are taken from your settlement if, and only if, you win your case.
If there were eyewitnesses on the scene of your accident, it is always a good idea to get their details and ask them for their contact information. After this point, however, you should leave it to your attorney to contact them.
If you have been involved in a road accident, and the other driver was uninsured, you should speak to your attorney about your options. If you have motor insurance, you may have uninsured motorist insurance, and this is the easiest way to claim back your damages.
If you don’t, it may be very tricky to fight and win compensation from the other party unless they have the funds to pay your compensation themselves.
There is no law that states you must go to a particular doctor to receive treatment unless you have been injured at work. In that case, you may have to use the medical providers that are covered by your workplace insurance.
In Missouri, even if you were partially at fault, you can still claim compensation so long as you are found to be under 50% at fault. However, your settlement will be reduced by the percentage to which you are found to be at fault. So, if you are found to be 15% at fault for the accident and you are awarded $100,000, you will receive $85,000. An attorney will help ensure that you are not unfairly assigned fault.
At Holman Schiavone Law, LLC, we cover Kansas City and surrounding areas, including Joplin, Springfield, Overland Park, Columbia, Jefferson City, St. Joseph, Lawrence, Topeka, Wichita, Lenexa, Olathe, and St Louis.
Personal Injury Lawyers in Missouri
At Holman Schiavone Law, LLC, our long history of success has given us a stellar reputation in Missouri and Kansas. With us by your side, defense lawyers will know that they need to take your case seriously.
We are strong advocates for personal injury victims and will fight tirelessly to secure the compensation you deserve.
Contact us today to arrange a free consultation at 816-320-6108.