Month: September 2015

Motorcycle Accident Attorney Discusses Motorcycle Accident Injuries

Posted by Austin Bradley on September 23, 2015

Any motorcycle accident attorney will tell you that motorcycle accidents occur because people pull out into traffic after looking for other cars and trucks, but did not see the approaching motorcyclist because they were not looking for him.

“I did not see him,” however, is not a defense to a claim brought against the driver for the injuries the motorcyclist sustained in the collision. Even if they did not see the motorcycle, the collision is still the fault of the driver of the car. The law requires drivers of car and trucks to keep a careful lookout, not just for other cars and drivers, but also for motorcycles. When they do not keep a careful lookout, and as a result injure a motorcyclist, their car insurance company is legally required to pay for the motorcyclist’s resulting medical bills, lost wages, and pain and suffering.

As a motorcycle accident attorney, I can tell you that the car driver’s insurance company will resist paying a fair amount for your motorcycle accident injuries. Insurance companies know that a jury, who will ultimately decide how much money to allow, might tempt to blame you as much as the driver of the car because “you were riding a motorcycle, and motorcycles are not safe.” An experienced motorcycle accident attorney should be able to explain to a jury that motorcycles are safe, when the safety rules are followed. These rules include keeping a careful lookout for motorcyclists. Unfortunately for you, the driver of the car broke those safety rules by not looking for motorcyclists. Your injuries are their fault, not yours. And the law requires them to pay for your injuries.

If you are thinking about hiring a motorcycle accident attorney, then please see our Practice Areas page for more information about motorcycle accident claims, or call us today for a free consultation at (417) 385-1338. Also, feel free to send us a question through our website by clicking here.

How Much Does a Car Accident Attorney Cost?

Posted by Austin Bradley on September 18, 2015

Nothing, unless you win your car accident case. A reputable car accident attorney should be willing to take your case on what lawyers call a “contingency fee basis.” This means that you pay nothing up front when you hire the car accident attorney. The lawyer only gets paid when you get paid: at the end of the case when there has been a financial recovery. The amount of the lawyer’s fee will be a percentage of the financial recovery. If for some reason there was no financial recovery, then you would not owe the car accident attorney a penny, even if he spent hours working on the case.

In almost all car accident cases, there will be a financial recovery, usually in the form of a settlement. In almost all cases, a lawsuit will need to filed and your case will have to be litigated before an insurance company is willing to pay full and fair compensation. In some cases, the car accident attorney may need to take your case to trial to get full compensation. Usually, cases only have to be tried if the insurance company is still refusing to pay full and fair compensation for your injuries even after the case has been fully litigated and set for trial.

If you are thinking about hiring a car accident attorney, then please see our Home Page for more information about our law office, or call us today for a free consultation at (417) 385-1338. Also, feel free to send us a question through our website by clicking here.

How Long Does it take to Settle a Car Accident Claim or other Personal Injury Claim?

Posted by Austin Bradley on September 10, 2015

It usually takes about 12 to 18 months to settle a routine car accident claim or other personal injury claim, but the amount of time can vary greatly depending on the severity of your injuries, the duration of your medical treatment, and the willingness of the insurance company to offer full and fair compensation.

Several things need to happen before you will be in a position to settle your personal injury claim for a fair amount. First, you will need to give yourself time to heal from your injuries. You never want to settle your personal injury case before you have received thorough medical treatment and have a very good idea of what injuries you sustained and what your prognosis is. After you have completed or nearly completed your medical treatment, your attorney will need to order all of your related medical records and bills so that he can provide them to the insurance company with a settlement offer. If you will need future treatment for your injuries, or have suffered a permanent disability from your injuries, your lawyer may also need to obtain a written medical opinion from a licensed physician. In order to give an accurate medical opinion regarding your disability and future medical treatment, the physician will perform a physical examination and review all of your medical records and radiology films. He will then issue a written opinion, which will be provided to the insurance company with your bills and records when your attorney makes a written settlement demand.

After the settlement demand is made, there usually will be negotiations with the insurance company. This process can take several months. If, at the end of the negotiation process, the insurance company is offering to pay full and fair compensation for your injuries, then your case will settle without a lawsuit being filed. In many cases, unfortunately, insurance companies are not willing to pay a fair amount, and a lawsuit will need to be filed. The same physician who provided a written opinion about your injuries will usually testify about your injuries in a deposition. You will probably also testify during a deposition, as will the person or persons who injured you.

After all the depositions have been concluded, your case will be set for a jury trial. The insurance company may offer you a fairer settlement once the depositions have been concluded and the case is ready for trial, but that is not always case. If the insurance company still refuses to pay a fair amount, your lawyer will try your case in front of a jury, who will then allow an amount that they think is fair to compensate you for your injuries. Usually, cases that have to be tried will not be concluded within the 12-18 month time period mentioned above. Those cases can take upwards of three years to be completed. That is one reason insurance companies do not frequently offer a fair settlement early in the process. They hope they can wear you out and get you to settle your case for an unfair amount. A good personal injury attorney will be able to help you stay motivated and will fight the battle for you, resulting in a fairer settlement.

If you are thinking about hiring a Joplin personal injury attorney, then please see our Home Page for more information about our firm, or call us today for a free consultation at (417) 385-1338. Also, feel free to send us a question through our website by clicking here.

Joplin Personal Injury Attorney Sees Increase in Car Accidents Over Labor Day Weekend

Posted by Austin Bradley on September 4, 2015

Labor Day weekend is the official end of summer for most of us. It is also a time that we travel to see family and friends, or maybe to get one more weekend at the lake before the weather really starts to cool down. It is also a time when an injury attorney receives more phone calls from people who have been injured in car accidents.

According to AAA’s Labor Day travel forecast, 35.5 million Americans will be packing their bags and hitting the road this weekend. The increase in the number of vehicles on the road predictably results in an increase in car accidents and car crashes. Gas prices are also down this Labor Day weekend, which will result in an increase in travel throughout Missouri and the rest of the United States. According to AAA’s monthly gas report, gas is 99 cents per gallon cheaper than Labor Day last year. Gas is also at its lowest price since 2004 for Labor Day weekend.

So enjoy the long weekend, but be mindful of the increased traffic and drive safe! And remember, never text while driving and never drive under the influence of drugs or alcohol. Also, if you can avoid driving at night this weekend, that is a great way to reduce your risk of being injured by a drunk driver.

If you are thinking about hiring a personal injury attorney, then please see our Home Page for more information about our firm, or call us today for a free consultation at (417) 385-1338. Also, feel free to send us a question through our website by clicking here.