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Types Of Evidence Collected And Preserved By Your Car Accident Claim Lawyer

Dec 20, 2023

You will want to seek compensation for your sufferings (damages to your car and personal physical injury) if you’ve been injured in a car accident caused by another person’s negligence. However, as a plaintiff, the burden of evidence in a car accident claim falls right away on you. You will have to prove each element of negligence beyond a rational skepticism to the judge to seek compensation for damages.


You must be in the position of showing that the at-fault party’s negligence was the cause of your injury and not any underlying condition. Who would help you in curating the evidence to make your claim strong in the eyes of the law? A car accident claim lawyer from Victor Strauss, Attorney at Law, would help you in such a case by accumulating different types of evidence necessary to fulfill your burden of proof in a car accident claim from the accident scene. Read on to know what kind of evidence we’ll collect on your behalf.


Types of Evidence Your Car Accident Claim Lawyer Collects, Maintains, and Preserves Following a Car Accident:


Photographs & Videos/ Surveillance Footage

Pictures and videos of the accident scene are possibly the most crucial proof for car accident claims by default. Photos and videos will help your lawyer paint a vivid picture of different aspects of the collision, including:

  • How the accident happened
  • Who was at fault
  • The road conditions
  • Vehicles involved
  • Where vehicles stopped after clash

It is not always possible for you to immediately click pictures after the accident. Your lawyer will get photos and videos collected from the CCTV cameras on the road or with the help of eyewitnesses who clicked pictures of vehicle damage, your injuries, road conditions, and nearby traffic signs.


Medical Records and Income Records

Suppose you forgot to keep your medical bills handy or were unable to keep them safe. In that case, your car accident lawyer will make sure to get a copy of the medical bills from the hospital. Plaintiff’s medical records are substantial evidence in acquiring a car accident claim. In case of a car accident, you must call your insurance company and your attorney as they can best guide you in the situation so that you don’t miss out on any privilege that you could have got.

Whether you got visible injuries or not, it is recommended to obtain medical attention immediately following the occurrence. Gathering medical bills from each healthcare provider & medicine receipts will help justify your settlement application and verify your losses by confirming the extent of your injuries and the resulting medical expenses. Income records show the impact of missed payments due to debilitating injuries. Income records along with medical records allow an attorney to determine a fair settlement for an accident victim’s injuries.


Vehicle Debris and Wreckage

Inspecting vehicle wreckage can be a perfect way to establish multiple facts before the judge, like the speed of the approaching vehicle(s) and the position & direction from which your car was hit. Additional debris such as brake lines & shredded tires may further prove whether the car manufacturer is to blame. If you can’t do this on your own, your car accident claim lawyer will establish all these facts and assess them before negotiating.


Eyewitness and Driver Statements

Statements by eyewitnesses are among the most dependable types of evidence when it comes to a car accident claim case. Just like pictures and videos, witnesses help illuminate who was really at fault. Witnesses can be either passengers or other drivers who witnessed the accident. They can present helpful details regarding what happened before and after, thus scattering some enlightenment on how the other driver is to blame. Your attorney will collect all witnesses’ names and contact information and contact them at a later date at the time of filing a lawsuit.


Evidence of Damages

In most vehicle accident cases, a large portion of recovery is associated with compensation for vehicle damage. The car accident lawyer will keep a note of documents related to car repairs and car rentals. This will include documentation of physical injuries caused to the plaintiff after the accident as well as any recent repairs or improvements made to the vehicle shortly before the collision. This will consist of documentation of physical injuries caused to the plaintiff after the accident as well as any recent repairs or improvements made to the vehicle shortly before the collision.

If you have recently got some upgrades, you will be able to increase the value assigned to your car if you have proof for the same. The attorney at Victor Strauss, Attorney at Law, will help you gather this information and get accompanying receipts.



Takeaways!

In case of a car accident, the driver must gather all the necessary evidence to get the maximum benefit. If you are unable to gather information, you must call your car accident attorney to gather evidence on your behalf. Remember, the more evidence you have, the more you can claim.


20 Dec, 2023
Every year, car crashes kill or seriously injure many people. And, in car accidents, there are more chances of vehicles being damaged very severely. However, it is true that people take insurance of the car at the time of buying. But the thing is that they don’t have an appropriate idea to claim it. But you don’t need to worry; you only need to hire a car accident claim lawyer . But, now the thing that can worry you is how to hire the right one. If you are in the market for an attorney, it can be challenging to determine where to start. How do you get the right lawyer for your car accident? What questions should you ask with an attorney? What cost will they charge? And many more. Even you always want someone who knows what they are doing to offer you exemplary service. Read this blog to learn how to find the right attorney who will care for all your needs. Why Is It Crucial To Hire A Car Accident Claim lawyer? When you are in a car accident, there are many things on your mind. You may be injured, or there could be death involved with your loved one. You probably don’t sit alone to think about hiring an attorney, but that is something that you need to do as early as possible. Even if you feel that your injury is not that bad, it can help you speak with the attorney who knows what they are doing. We are a trusted and reputed attorney who has years of experience in handling all these situations of car accidents. So, you should simply contact us about your car accident claim. We know how to handle these cases and can help you get the process in less time possible. It could also help you save money, especially if there has been someone at fault for the accident. Moreover, hiring the right attorney is vital for your car accident case. You want to ensure that there is someone who safeguards you and has someone on your side when the time comes to talk to the insurance company for a car accident claim. Make sure; insurance companies are never your best advocate, so always prefer to hire a lawyer who can fight for you and take your side. How To Find A Right Car Accident Lawyer? Discovering the right law firm that deals with your car accident can be very confusing and time-consuming. However, there are so many law firm advertisements, and deciding from them is not easy. Here, you can ask people who can recommend you best. You should also go to your local library to ensure if they have any resources in car accident lawyers that handle insurance claims . You should even search online about the law firm to get more information about the car accident lawyer to ensure you choose the right person for your case. Ask These Questions Before Hiring A Car Accident Claim Lawyer! Once you find the law firm for your car accident case by seeing the good reviews. Now, you should find their number online or through advertisements to speak with them. Make sure you talk to someone who explains to you how we work. Moreover, you should also ask these questions, but make sure you are comfortable once asking these questions: Who will be my car accident lawyer How many auto vehicle accidents have you handled Do you offer a free consultation on car accident car Am I able to claim pain and suffering in the car accident case What is the statute of limitation on a car accident case Do you have experience dealing with my insurance company in a car accident These are just a few questions that you should ask the law firm before hiring them. These will help you to get more ideas about the attorney. Final Words! We know that choosing the right car accident claim lawyer is more complex, but don’t worry. Our team of skilled and experienced lawyers at Victor Strauss are here to help you. We do our best to ensure you will get all compensation for your car accident claim.
20 Dec, 2023
It looks like you have acquired an injury in an accident that happened on a property owned by someone else. Accidents like these are referred to as slip and fall accidents. And with all the things going on in your head, you must’ve come across a thought of hiring a premises liability lawyer to handle the case. If that guess was spot on, then you’ve come to the right place. If you want you can handle the case all by yourself, but there are some benefits to hiring an experienced attorney. What they bring to the table is something you won’t find anywhere else. You may also be more likely to receive compensation for any loss if you have a seasoned attorney. What Exactly Is A Slip And Fall Accident? Suppose we have to define it, from a legal perspective. In that case, these accidents refer to a particular type of personal injury case that happens at a location or property owned by a third party. The legal term is known as premises liability as the owners/operators of that location are the parties that are most likely to be found liable. The circumstances that may cause an injury can vary greatly. The Worker’s Compensation Law When slip and fall cases happen in your workplace, you’ll be covered by the worker’s compensation insurance/law. This law entitles you benefits that will preclude you from pursuing any claim against your employer. However, if the accident was caused by someone else’s negligence – such as a contractor responsible for maintenance and cleaning – you may have grounds to pursue a liability claim. Hiring an experienced liability lawyer can easily evaluate your case and identify who exactly holds liability. The Benefits Of Hiring A Premises Liability Attorney They Know What to Ask The sole purpose of hiring an attorney is to waste as little time as possible, especially on irrelevant things to the case. An attorney will ask only relevant questions to the people involved in the case. Only a professional attorney knows that the reality about your case will not come out if the correct questions are not answered. If you hire an experienced lawyer, they’ll look for proof that may be important for them to win the case. They Are Well-Aware Of the Laws Knowing every little aspect of the required laws is not a child’s play, it’d be understandable if you fail to do so. Without appropriate knowledge, presenting a case would be quite complicated; therefore, it is recommended that you look up civil litigation attorney near me. So, to dodge that, make sure to hire a lawyer who has had experience in winning similar cases. So, instead of researching these laws on your own, simply hiring an experienced attorney seems like a legit plan. They Don’t Make You Compromise If you are fighting the case on your own and do hire an attorney, chances are you’ll end up settling for a lower amount offered by the concerned property owner. You will be asked to settle down for what the opposite party is offering. Therefore, it is recommended to hire an experienced attorney. They’ll know how much you deserve legally and will you fight for it until you get the deserved amount. What You’ll Be Getting At The End Of The Day? As with any personal injury claim, the amount varies and somewhat depends on the circumstances of each case. Your lawyer will seek an award covering these two main aspects: Any medical expenses may include initial and future medical costs. Loss of salary if the resulting injury led you to miss time from work. Depending on the circumstances, a lawyer may seek other damages, including pain and suffering. Final Thoughts When it comes to choosing the most experienced premises liability lawyer, there are not many options available out there. However, Victor Strauss is here to the rescue. Being a member of the Missouri Association of Trial Lawyers, he holds great experience in the industry and would be more than happy to take your case and help you out in the best possible way.
20 Dec, 2023
You will want to seek compensation for your sufferings (damages to your car and personal physical injury) if you’ve been injured in a car accident caused by another person’s negligence. However, as a plaintiff, the burden of evidence in a car accident claim falls right away on you. You will have to prove each element of negligence beyond a rational skepticism to the judge to seek compensation for damages. You must be in the position of showing that the at-fault party’s negligence was the cause of your injury and not any underlying condition. Who would help you in curating the evidence to make your claim strong in the eyes of the law? A car accident claim lawyer from Victor Strauss, Attorney at Law, would help you in such a case by accumulating different types of evidence necessary to fulfill your burden of proof in a car accident claim from the accident scene. Read on to know what kind of evidence we’ll collect on your behalf. Types of Evidence Your Car Accident Claim Lawyer Collects, Maintains, and Preserves Following a Car Accident: Photographs & Videos/ Surveillance Footage Pictures and videos of the accident scene are possibly the most crucial proof for car accident claims by default. Photos and videos will help your lawyer paint a vivid picture of different aspects of the collision, including: How the accident happened Who was at fault The road conditions Vehicles involved Where vehicles stopped after clash It is not always possible for you to immediately click pictures after the accident. Your lawyer will get photos and videos collected from the CCTV cameras on the road or with the help of eyewitnesses who clicked pictures of vehicle damage, your injuries, road conditions, and nearby traffic signs. Medical Records and Income Records Suppose you forgot to keep your medical bills handy or were unable to keep them safe. In that case, your car accident lawyer will make sure to get a copy of the medical bills from the hospital. Plaintiff’s medical records are substantial evidence in acquiring a car accident claim. In case of a car accident, you must call your insurance company and your attorney as they can best guide you in the situation so that you don’t miss out on any privilege that you could have got. Whether you got visible injuries or not, it is recommended to obtain medical attention immediately following the occurrence. Gathering medical bills from each healthcare provider & medicine receipts will help justify your settlement application and verify your losses by confirming the extent of your injuries and the resulting medical expenses. Income records show the impact of missed payments due to debilitating injuries. Income records along with medical records allow an attorney to determine a fair settlement for an accident victim’s injuries. Vehicle Debris and Wreckage Inspecting vehicle wreckage can be a perfect way to establish multiple facts before the judge, like the speed of the approaching vehicle(s) and the position & direction from which your car was hit. Additional debris such as brake lines & shredded tires may further prove whether the car manufacturer is to blame. If you can’t do this on your own, your car accident claim lawyer will establish all these facts and assess them before negotiating. Eyewitness and Driver Statements Statements by eyewitnesses are among the most dependable types of evidence when it comes to a car accident claim case. Just like pictures and videos, witnesses help illuminate who was really at fault. Witnesses can be either passengers or other drivers who witnessed the accident. They can present helpful details regarding what happened before and after, thus scattering some enlightenment on how the other driver is to blame. Your attorney will collect all witnesses’ names and contact information and contact them at a later date at the time of filing a lawsuit. Evidence of Damages In most vehicle accident cases, a large portion of recovery is associated with compensation for vehicle damage. The car accident lawyer will keep a note of documents related to car repairs and car rentals. This will include documentation of physical injuries caused to the plaintiff after the accident as well as any recent repairs or improvements made to the vehicle shortly before the collision. This will consist of documentation of physical injuries caused to the plaintiff after the accident as well as any recent repairs or improvements made to the vehicle shortly before the collision. If you have recently got some upgrades, you will be able to increase the value assigned to your car if you have proof for the same. The attorney at Victor Strauss, Attorney at Law, will help you gather this information and get accompanying receipts.  Takeaways! In case of a car accident, the driver must gather all the necessary evidence to get the maximum benefit. If you are unable to gather information, you must call your car accident attorney to gather evidence on your behalf. Remember, the more evidence you have, the more you can claim.
20 Dec, 2023
Uncertainties can happen anytime and anywhere. The only solution is to either face it or prevent it. Today we’re here to talk about injuries that occurred at any workplace. So, what comes precisely when you’ve experienced any issues or damages in your workplace? Getting coverage? Seeking justice? Medical health compensation? And what else? Well, whenever you’ve been in any similar situation, hiring an experienced and qualified workers comp injury lawyer is the best option. So, let’s discuss what worker’s compensation can do for you and your loved ones and why choosing a lawyer is beneficial for anyone. Understand Worker’s Compensation Worker’s compensation is a process that helps provide help to the people who are injured at their workplace. It is a law made for workers like whenever they are hurt or injured; they can get compensation for hospital bills or lost earnings. While these laws are intended to assist you with healing a part of your misfortunes, they don’t plan to make your aggregate. Lawyer Victor Strauss is focused on guaranteeing you get the pay you need to recuperate completely. In addition, if you have ever been injured due to third parties like machine equipment might have added to your physical issue. We will altogether analyze everything about your case to guarantee you get the equity you merit. Some common injuries in a workers compensation claim are: Brain injuries death spinal cord injuries or any kind of back injuries Hearing loss Sickness associated with toxic exposure Injuries from heavy machinery Benefits Of Workers Compensation: On the occasion that you have been injured at work, laborers remuneration protection offers an assortment of benefits to which you might be entitled as given below: The week after week checks : If your physical issue brings about time away from work, you are qualified for the weekly checks that are approximately 67% of your ordinary compensation. These checks are tax-exempt. Long-lasting failure installment: If your physical issue has caused a stable handicap that keeps you from getting back to your work, the lawyer might help you get some percentage of your wages. So, if you’re looking for a reliable & trustworthy personal injury lawyer near me , make sure you explain your situation to them. Demise benefits : If you lost a friend or family member because of a working environment mishap, you might be qualified for death benefits. These can incorporate all the burial expenses and other costs related to that person. Installment of clinical costs : You might be confronted with doctor’s visit expenses for trauma center consideration, medical procedure, or continuous rehabilitative treatment following your work environment injury. Workers’ comp protection can take care of these expenses. Note : This general information is applicable in Missouri and may not be valid in other jurisdictions. How Workers’ Compensation Lawyers Can Help You However, the injuries can be different, but the main motive of any compensation lawyer is to help you with every perspective of this challenging process, including: Seeking compensations for permanent injury Appealing rejected allegations Guaranteeing you get the most benefit for lost earnings Registering the package of your interest on time and error-free Describing the entire benefits to which you are qualified As a well-knowledgeable & qualified lawyer, the entire process from filing a case to hearing and even appealing is managed without letting anything slip. The Bottom Line! Now we know the importance and perks of choosing a workers comp injury lawyer, so whenever you are held in any such situation, make sure to make the right decision. Injuries can happen in a wide range of professions and every industry. While Attorney pay benefits give insurance to laborers who are harmed at work, it very well may be hard to get legitimate advantages supported without the assistance of an accomplished lawyer. However, if you’re looking to compensate for your unfortunate injury, our skilled lawyers at Victor Strauss, Attorney at Law, can help you seek after laborers’ compensation interests for substitution pay and clinical expenses if you have been harmed while working.  Our lawyers will set aside the effort to evaluate your case and be open at whatever point you have questions or concerns. Call our law office for a FREE starting discussion and results-driven portrayal in your laborers’ remuneration case.
20 Dec, 2023
Let it be the car accident or employee’s injury at the workplace; insurance companies often disagree with paying you more than needed. In fact, they sometimes aren’t ready to pay the fair amount that’s eventually your right. What would you do when you experience such an undesirable situation? Whom would you first call to help you get the right compensation? Well, in such circumstances, a car accident claim lawyer turns out to be the key consideration. They are well experienced and professional attorneys who are very well familiar with all the legal procedures and claiming rights. Why Choose Litigation Lawyers? One can better reach out to professional attorneys to get favorable help that is ultimately your right. From legal formalities to figuring out who’s responsible for a claim, a licensed attorney can support so much more. Talking about car accidents which are common yet critical worldwide. Thousands of accidental cases come every single day all over the world. Studying this concept is vital because, ultimately, it can help you claim your rights and perceive legitimate justice. For example, car insurance companies refusing to settle the insurance claim for the accidents that happened can pay for the things they are liable for. Injury’s Level: Generally, accidental injury lawsuit settlements take a considerable long time. Such a time lies between a few months to a year or so. Well, cases are diverse, and accordingly, as per the case, the lawyer takes the time to settle. However, some common factors impact the claim duration of a particular case. One of such significant cases is the degree or type of injury. Practically, it takes a long time to determine and decide that injury is critical and has impacted one’s whole life in case of long-term damages. The minor or tiny wounds are visible and termed as short-term damage. These cases barely take a long time for claim settlement, and usually, insurance companies get ready to settle them. On the contrary, long-term injuries are permanent loss to one’s life, and it will require a deep inspection & examination to identify the same. Hence, one can better prepare settlement negotiations after determining the extent of damages and the time it will take to assert medical costs. General Issues In Claim Determination: The biggest concern in claim determination is initially finding who was at fault when the injury happened. In simple words, an employee experiencing a severe wound will reach the “ civil litigation attorney near me ” to get his good part done. However, nobody accepts their mistakes in any manner. It eventually becomes daunting and stressful for the damaged person to prove somebody’s fault. When two or parties are responsible for the damage, things get murkier. The licensed attorney then fights for his right and collects strong evidence to create a win-win case for the injured person. So, any lawyer firstly needs to determine with intensive inspection and examination of the case to figure out the person at fault. In this way, he can later hold him liable to claim resolution. Evidence Collection & Quality: Paradoxically, your rights are genuine. Nonetheless, insurance companies or whosoever is at fault puts you down to win independently. Here comes the significant role of professional, experienced, and licensed attorney who strives to attain all legal rights in one’s favor. For that part, he has to proceed with deep yet quality evidence collection and to report. Such a process isn’t as easy as it appears. It instead encompasses crucial tasks like evidence collection, witness identification and convincing, reporting to police, collecting pictures of damaged vehicles & other documents, etc. Not only this, medical records need to be genuine yet verified after some days of the accident. Claim Settlement: The last but not the least thing that is crucially vital to be in your knowledge when hiring the “ civil litigation attorney near me” is knowing the claim settlement norms. Generally, the person held responsible for claim settlement is the insurance company. If the amount needed to settle is high and the insurance agency believes that claim settlement for the specific injury isn’t fulfilling, they might not be ready to negotiate. But in cases when their risk of non-settlement is greater than the benefit of settlement, they choose to manage things accordingly. However, all such legal proceedings may vary depending on one’s case, norms of an insurance agency, court case timelines, and schedule time. Takeaways!  Above all, uncertainties have no time, venue, and schedule. It can come anytime and create multiple unwanted situations that may mentally, physically & financially disturb you. So, one should always prepare for the right option. Even if you have insurance for your vehicle, a car accident claim lawyer can better help you perceive your limits in the proper manner with legal justice. You can explore our website, Victor Strauss Law, to discover other necessary details.
20 Dec, 2023
A slip and fall accident is so common that it can happen to anybody; it basically occurs when someone slips, falls, or trips over a hazard on a piece of land. A premises liability lawyer handles all the slip and fall cases known as premises liability cases. So if you have been injured in a personal accident on someone else’s property(commercial or private): you should call our attorney Victor Strauss, Attorney At Law. We w ill help you with collecting the witness and getting money for your hospital expenses. If we talk about the legal perspective, then these personal injuries are categorized into various categories. It depends whether you got injured by your own mistake or someone else’s. Let’s continue reading this post and know more about the slip and fall lawyers, their role, and their benefits regarding a personal injury. Common Scenarios That Cause Slip And Fall: The most common reason behind a personal injury is a substance either placed or allowed to remain on the ground; it can be anything, a making peel or a piece of polythene. Many physical defects create a danger dangerous situation too. For example, you have to stay aware of the raised sidewalk or a stair that is too high. Types of liability Negligence: The scenario where a property owner has neglected to notice or remove a potential future problem such as raised sidewalks, broken tiles, and uneven surfaces is known as negligence. Carelessness: The scenario where the liable party caused the problem is known as carelessness. Worker’s Compensation law You might not know, but a worker’s compensation law helps you cover all of your expenses. For example, if a slip and fall case has happened in a workplace, you will be covered by workers’ compensation insurance. According to this law, you can claim against the property owner or the company’s employer. Role of The Lawyer An attorney may help you in numerous ways; first, he will ensure whether the case is strong enough to move to full litigation. Every lawyer studies the conditions that caused the accident or situation you are going through and then take further steps. An attorney can also determine whether the case is naturally or artificially created. That is why it is essential to search for compensation lawyers near me and tackle all future problems. Benefits of A Slip and Fall Lawyer It does not matter whether you slipped and fell on a wet floor or broke your leg because of an uneven walkway; you have every right to ask for compensation. An experienced lawyer may help you to get what you deserve. In addition, he can hold the property owner accountable for your loss. Conclusion! As I was talking above, slip and fall cases are so common that they can happen with anybody, but it is not always your fault. If you feel that you get injured because of someone else’s fault, then you should consider a premises liability lawyer right away. An experienced lawyer will help you in numerous ways.  For more information, contact Victor Strauss, Attorney At Law.
20 Dec, 2023
Accidents are bound to happen at a construction site. This is something workers have no control over whatsoever. However, in a case of a workplace accident, you can benefit from workers’ compensation lawyers . No matter how convincing and easy they may sound, every compensation lawyer is different. Also, not every single case is the same. We are addressing that there’s a wide range of workplace injuries since so many industries are involved in the venture. All we are saying is that you’ve got the hiring lawyer who is well aware of your needs and the case in general. Issues and Matters for Consideration on Worker's Compensation can include the following: Medical benefits Wage reimbursement benefits Vocational rehabilitation benefits Temporary partial disability benefits Permanent total disability benefits Permanent partial disability benefits Perform legal research Remain current with developments in the law Draft pleadings, findings of fact, briefs, opinions, and other legal documents. Take depositions of the claimant, medical experts, and physicians. Gather medical evidence and records Litigate cases a judge Conduct discovery Check online what the firm’s previous clients have to say about its services. Other than that, ask your friends, coworkers, and family members for recommendations. Hire an attorney who is well aware of your case or has dealt with something similar in the past. Choose a lawyer who has an understanding of the industry you work in. Request a free consultation with the lawyer who you think could be a major asset in your case. A consultation beforehand can make a real difference in the case. Before you go ahead with your decision, ask the lawyer how much they are going to charge for their services. If an attorney is not able to negotiate a settlement or lose in court, there are chances he’ll not charge you. Answer all the questions put up by the client and guide them through the abyss Contact the medical professionals and complete all the possible paperwork related to the claim. Represent the interests of the claimant at trials, hearings, and mediations. Communicate with the worker’s supervisors on the injured worker’s status. The law allows benefits for injured workers, and having an experienced attorney will increase the likelihood of a satisfactory outcome.
20 Dec, 2023
Most states require liability insurance, and in the State of Missouri motor vehicle liability insurance is mandated at a minimum of $25,000 per person, and $50,000 per occurrence. Motor vehicle liability insurance applies to protect the policy holder or driver from claims that may arise out of the operation or use of an automobile. Also required by Missouri law is uninsured motorist coverage which must be provided by the insurance carrier, as part of any motor vehicle liability policy written in Missouri. Most states require uninsured motorist coverage, and the minimum varies according to the state where the policy is sold. In Missouri, the minimum uninsured motorist coverage is $25,000 per person, and $50,000 per occurrence. Uninsured motorist comes into play when an insured/covered person sustains bodily injury as a result of the negligence/conduct of the uninsured driver. This can arise in different situations – the most common of which would be when the driver is struck by a negligent uninsured motorist, such as a rear-end collision. Another situation could be where an insured person (under a policy) is crossing the street as a pedestrian, and are struck by a (negligent) uninsured motorist. Hit-and-run situations also come into play where the other vehicle leaves the scene, or perhaps there is a cut-off in traffic causing a chain reaction which injures a person covered by uninsured motorist coverage. In order to trigger this coverage, the making the claim is required to prove the uninsured motorist was negligent and caused the bodily injuries claimed. The requirement of coverage under an auto policy can come about through different sources. Obviously the policyholder operating an automobile is covered, however, the policyholder may be riding as a passenger in another person’s vehicle, and if injured due to the negligence of an uninsured motorist, can make the claim under their own policy. This person, as an insured passenger under his own policy, could also make a claim under the driver’s policy providing uninsured motorist coverage. The policy providing coverage for the car you are riding in is one source, and if you (as a passenger) are covered under another policy (different from the vehicle you are riding in), that policy would also provide coverage. It could come through a policy of insurance written on a car you drive, or possible a family policy that provides coverage to you as a resident of the household. There are many possibilities, and injury lawyers for claimants often-times litigate coverage disputes with a particular insurance company providing uninsured motorist coverage. Under Missouri law, an insured person making a claim for uninsured motorist benefits is allowed to stack coverage based on the number of vehicles insured, or policies providing coverage. Stacking policies applies in these situations where there is more than one vehicle insured under the policy, or where there are multiple policies.  By way of explanation, Family A has three vehicles insured through Friendly Insurance, with each vehicle covered at $100,000 per person for uninsured motorist coverage. A family member is severely injured due to the negligence of an uninsured motorist. The family member may have available $300,000 in insurance coverage for compensation for bodily injuries. Successfully collecting on such a claim may very well involve proving the nature and extent of the injury, the degree to which the person has been harmed, the degree of any residual harm that is permanent, and whether or not the injured person faces increased future susceptibility to injury. These factors must be properly addressed before an adequate recovery is obtained for the injured person. Injuries sometimes have life-time consequences, and selecting the appropriate person for representation is an important step in seeking recovery and adequate compensation.
20 Dec, 2023
Uninsured Motorist coverage is mandated by Missouri law, and is required as part of any liability policy issued to a Missouri resident. Uninsured Motorist coverage pays for damages caused through bodily injuries on account of the conduct and negligence of an uninsured motorist. The minimum amount of coverage required is $25,000 per person, and $50,000 per occurrence (event). Liability coverage is available to indemnify the insured in situations where the insured is left legally responsible for damages (property and bodily injuries) due to the conduct of an uninsured motorist. This coverage is important not only when the insured is driving a vehicle, but also can apply when the insured person is riding in another vehicle where an uninsured motorist causes bodily injuries. Uninsured Motorist coverage could also apply where an insured person is injured in a cross-walk walking as a pedestrian, and may come into play when there is a hit-and-run driver making it impossible to verify coverage. Also, when riding in the vehicle of an insured car as a passenger, Uninsured Motorist coverage applies to that vehicle and will provide coverage when injuries are sustained by not only the driver of the vehicle, but also passengers in the vehicle, due to the conduct of an uninsured motorist. The amount of insurance (coverage) is an important consideration, because when needed, it may be the only source of recovery and protection. Contrary to what one may expect, the cost of insurance is not directly proportional to the coverage purchased. For illustration purposes, a policy with $250,000/$500,000 is not ten times the premium of the minimum required coverage at $25,000/$50,000. This is because the probability of a serious accident with serious injuries is a small subset of all motor vehicle accidents involving injuries. For that reason, having a reasonable amount of insurance is very valuable and cost-effective when considering protection as a motorist or passenger of a vehicle.  Having adequate insurance to protect you and your loved ones is essential in planning and protecting your future against impossible, unfortunate events that can and all-too-often do occur.
20 Dec, 2023
Most people think of automobile insurance as dealing with liability coverage, and coverage on the vehicle itself in the form of collision and comprehensive coverage.  Liability coverage protects the motorist and indemnifies the motorist when he is liable for damage to persons or property. Collision coverage provides coverage for the insured’s car, and pays for damage to the vehicle even when the insured is at fault. Comprehensive coverage provides coverage for the vehicle when it is damaged by theft, vandalism, or weather-related events. Medical payments is another coverage available with auto insurance that provides coverage for medical expenses sustained and arising out of the operation of an automobile. This coverage pays for injuries sustained to persons riding in the covered automobile, and provides coverage to the insured when injured by an automobile. This could conceivably apply when the insured is walking in a crosswalk and struck by an automobile, or when riding a bike which is struck by an automobile. Medical payments coverage offers important benefits to passengers, and affords the insured (and household residents, generally) coverage when injured while occupying an automobile. The coverage is commonly written for amounts between $1000 and $10,000, and the premiums are usually no more than $75 to $150. This can be an important way to safeguard against injuries that may arise due to the use of automobiles, and is very affordable and cost effective. Medical bills submitted under this coverage are usually payable immediately. This coverage may come into play even when the bills are covered by health insurance. They do not diminish the amount you may claim from a party responsible for causing the damages and are payable on the occurrence of the two general conditions: the first being that it arises out of the operation and use of an automobile, and the second that the treatment be reasonable and necessary with the charges reasonable and customary.
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