St Louis, Missouri Personal Injury Lawyer

At Hipskind & McAninch, our St. Louis personal injury lawyer team understands that every case is unique and deserves personalized attention. Knowing the community you live in and the jurisdiction where your accident happened is crucial for a successful outcome in your case. If you’ve been involved in an accident in the St. Louis area, you need an attorney who not only understands the law but knows how to navigate the court system effectively.

Have You Suffered as a Result of Someone Else’s Negligence?

Most personal injury cases are the result of negligence. Negligence is a legal concept referring to situations where someone fails to exercise reasonable care in preventing foreseeable injuries to others. Although negligent behavior often stems from harmless mistakes, these mistakes can lead to life-altering personal injuries. If you have suffered a serious injury due to another person’s neglect, you can seek compensation for your injuries and other associated damages. In most personal injury cases, you can seek compensation from either the responsible parties or their insurance company. 

While proving someone’s neglectful behavior may seem straightforward, proving negligence can be more complicated than you’d expect. By hiring a personal injury lawyer, you can strengthen your case using their legal experience. Together, you can work to identify and provide evidence of the negligence that caused your accident, which may entitle you to greater compensation. If you have been injured in an accident and believe someone else is responsible, contact us to learn more about personal injury law and settlement compensation. Our team at Hipskind & McAninch, LLC offers free consultations where we will evaluate your claim and help you understand your options.

The Most Common Types of Personal Injury Accidents

Personal injury accidents can occur in all types of situations, each with its own unique set of circumstances and potential grounds for legal action. A qualified personal injury lawyer in St. Louis, MO can help victims navigate Missouri personal injury laws and seek maximum compensation for their losses. The following are some of the most common types of personal injury accidents:

Car And Other Motor Vehicle Accidents 

Car accidents are one of the most common types of personal injury accidents. Bicycle accidents, truck accidents, motorcycle accidents, pedestrian accidents, and Uber accidents are also common. They can be caused by a variety of factors, including distracted driving, drunk driving, speeding, and reckless driving. If you have suffered injuries due to someone who was texting while driving, you can sue them for negligence and receive compensation for incurred damages. 

Slip and Fall Accidents

Slip and fall accidents can occur anywhere as a result of uneven pavement, wet floors, and icy sidewalks. The Bureau of Labor Statistics has identified a number of factors that can result in slip-and-fall accidents ranging from poor lighting to inadequate warning signs. For example, if a person suffers from back injuries after slipping on a wet surface in a grocery store, this can provide valid grounds for a personal injury lawsuit if there was no yellow wet floor caution sign posted. 

Medical Malpractice

Medical malpractice occurs whenever a hospital, doctor, or other medical professional fails to provide a service that meets the standard of care. Medical malpractice can lead to serious harm, suffering, and even death due to improper diagnosis, medication mismanagement, or surgical mistakes. Unfortunately, because these cases require extensive knowledge of medical practices, they are very difficult for non-lawyers to pursue on their own. 

Product Liability

Product liability cases are claims where a defective or dangerous product has injured someone. An example of this is when a consumer is injured by a defective power tool that malfunctions during use. To pursue a product liability claim, you need to be able to prove that you were injured by a product that was unreasonably dangerous for its intended purpose. A product can be considered defective in one or more of the following ways:

• Design defects: the product is unsafe by design
• Manufacturing errors: the product design was manufactured in a way that made it unsafe
• Failure to warn: the merchant failed to warn the consumer of known but non-obvious hazards 
• Inadequate instructions: the designers failed to include sufficient instructions on how to use the product safely

While it may seem justified that injuries caused by faulty products should be accounted for, many corporate entities are unlikely to admit fault in most personal injury lawsuits. To further complicate this matter, these cases require you to identify the exact way this product was rendered defective. Given these challenges, it is important that you contact the best St. Louis personal injury lawyers to handle your case.

Dog Bites

Dog bites are fairly common and can be caused by aggressive dogs or owners who fail to properly restrain their pets. When a dog attacks you, you can sue the owner of the animal to compensate you for medical expenses related to the incident, time lost from work, as well as pain and suffering. Missouri has “dangerous dog” laws that make it a crime for owners to keep dogs that have previously attacked others without provocation. Depending on the severity of your injuries from the attack, you may want to consult a lawyer. 

Workplace Accidents

Accidents can happen in any workplace, from construction sites and factories to restaurants and offices. Whether these accidents result from unsafe working conditions or inadequate training, you may be entitled to compensation for your injuries. Specifically, injury law allows you to make a workers’ compensation claim to account for your medical bills, lost wages, and any other expenses resulting from the accident.

Common Types of Injuries in Personal Injury Claims

It is important for all injury victims to understand their rights under personal injury law to get the compensation they deserve for their losses and suffering. Physical injuries can take a heavy toll on your time, emotional well-being, and finances. Examples of personal injuries include:

• Soft Tissue Injuries: injuries to muscles, ligaments, and tendons. 
• Fractures: a complete or partial break to the bone
• Head Injuries: trauma to the scalp, skull, or brain—ranging from mild concussions to severe traumatic brain injuries
• Back and Spinal Cord Injuries: damage ranging from minor back muscle strains to spine injuries such as herniated discs and paralysis.
• Burns: skin injuries caused by volatile accidents, such as fires, explosions, and exposure to hot liquids or chemicals.
• Amputations: the loss of a limb or extremity
• Scarring and Disfigurement: changes in personal appearance due to burns and lacerations
• Wrongful Death: a personal injury that results in the death of someone and requires a St. Louis wrongful death lawyer

This list is by no means exhaustive, but it should give you an understanding of the variety of injuries that can lead to a personal injury lawsuit. 

Can You Sue for Pain and Suffering in Missouri? 

The answer is yes. In Missouri, if you have suffered from an injury due to someone else’s negligence, you can sue for pain and suffering as part of your personal injury claim. Pain and suffering is meant to provide compensation in recognition of a victim’s physical, mental, and emotional pain. 

What is Pain and Suffering?

This umbrella term allows you to seek monetary compensation for things such as:

• Physical pain
• Psychological trauma 
• Anxiety
• Depression
• Grief
• Loss of sleep
• Cognitive changes resulting from brain injury
• Diminished overall quality of life.

There are many different types of pain and suffering, and any negative emotions that can be directly attributed to your accident can be a form of pain and suffering. For instance, if you become paralyzed due to a car or truck accident,, your physical pain and suffering will be accounted for in the settlement. If you also happen to suffer from neuropathic pain, grief, and depression as a result of the car accident, these are also considered pain and suffering, which can be cited for compensation.

Factors That Affect How Much You Receive for a Pain and Suffering Settlement

There may be several reasons why your settlement is more or less than what you might have expected. Some of these reasons include:

The Severity of Your Injuries 

You are more likely to receive higher compensation for pain and suffering damages if you have suffered from severe, life-altering catastrophic or traumatic brain injuries. Minor injuries, on the other hand, are likely to heal over a shorter period of time. Therefore, in these cases, the financial burden and emotional toll on the affected individual is considered to be less.

The Impact Your Injuries Have on Your Life

Pain and suffering damages are intended to compensate you for the impact of your injuries on your life. How your daily life has been impacted is considered from multiple perspectives, including your ability to participate in hobbies and activities, your ability to work, and your ability to enjoy your days pain-free. Again, injuries that require longer recovery times are likely to receive greater compensation.

The Victim’s Age 

If the person affected is young, they may be awarded higher pain and suffering damages because they have a longer life expectancy and more years of potentially living with the consequences of their injuries. Similarly, minors (children under the age of 18) have the right to compensation for the same spectrum of damages you’d find in a personal injury claim filed by an adult, which includes pain and suffering. 

Number of Economic Damages

In some cases, the number of economic damages such as medical expenses and lost wages may be used as a basis for determining the amount of pain and suffering damages. The higher the economic damages, the higher the pain and suffering damages are likely to be. Anticipated expenses such as future medical procedures and lost earning potential can also be factored in. 

Comparative Fault

If you are partially at fault for the accident or incident that caused your injuries, the amount you recover in pain and suffering may be reduced. These reductions occur proportionally—if you are deemed by the court to be 25% responsible for your injuries, you will only recover 75% of the amount of damages.

Jurisdiction and Court Precedents

The laws and court precedents in the jurisdiction where your case is being heard can also affect the amount of pain and suffering damages you are awarded. Working with knowledgeable counsel can help to make sure you take the best legal avenues to win your case.

How Is Pain and Suffering Calculated

Calculating damages for pain and suffering in a personal injury case is a complex process that varies from case to case. There is no one-size-fits-all approach—factors such as the severity of the injury, impact on daily life, emotional distress, and lost wages are all taken into consideration. A skilled attorney will be able to carefully evaluate the specific circumstances of your case to determine a fair and appropriate compensation amount for the pain and suffering you have endured. 

The Multiplier Method

One common method for calculating pain and suffering damages is the multiplier method. The multiplier method uses the following formula to calculate the value of a personal injury claim: economic damages +(economic damages x multiplier). 

• Economic damages typically account for expenses related to medical bills, lost wages, and property damage. These calculations can also include anticipated economic losses, such as the cost of future medical treatment and lost earning capacity. 
• The value of the multiplier is determined by factors that cannot be easily stated in a dollar amount—such as stress, physical pain, and reduction in quality of life. The multiplier can be any number between 1 and 5. A higher multiplier is used for more severe, life-altering injuries, while a lower multiplier is used for less severe, short-term injuries. 

Let’s say, for example, that you’ve suffered from a personal injury totaling $50,000 worth of medical expenses and lost wages. The severity and long-term impact of your injuries is determined to be moderately severe, so the multiplier used for your case is decided to be 3.5. 

This means that on top of your compensation for $50,000 in medical expenses, your pain and suffering would be calculated as $175,000 (or 3.5 x $50,000). Therefore, your total personal injury claim would be $225,000.

Keep in mind that the multiplier method is just one approach for calculating pain and suffering damages, and other methods may be used depending on the specific circumstances of the case. 

Determining pain and suffering damages can be highly subjective and difficult to quantify, so the actual amount of damages awarded may vary from case to case. An experienced St. Louis personal injury attorney can help assess the circumstances of your case and provide guidance on the potential amount of pain and suffering damages you may be able to recover.

How Do You File a Personal Injury Lawsuit?

Filing a St. Louis personal injury lawsuit takes several steps. Once you consult a personal injury lawyer in St. Louis who focuses in the type of injury you’ve suffered, your attorney will do the following:

1. Establish Damages: First, your personal injury lawyer needs to establish that you have suffered actual damages. In Missouri, you can only seek compensation for pain and suffering if you have also suffered actual damages, such as medical expenses, lost wages, or property damage.
2. Calculate Damages: To successfully prove your case, your personal injury lawyer will then compile all the evidence of the damages sustained in the accident to calculate the settlement you seek for your pain and suffering.
3. Settling Outside of Court: Before going to trial, you may wish to negotiate with the responsible party and settle on an amount in exchange for dropping any further legal claims or actions. This course of action would then be documented in a written agreement. 
4. File a Lawsuit: Then, your personal injury attorney will file a lawsuit in the appropriate court, which depends on the number of damages you are seeking. In most cases, they will file one in the civil court. However, if there was malicious intent, your personal injury lawyer may file it in criminal court.
5. Pre-Trial Mediation: In this phase, the judge will require you to attend a meeting with the responsible parties to try to reach a compromise and avoid a trial. If no compromise can be made, then your personal injury attorney will represent you in court.
6. Trial and Discovery Process: At court, both parties will represent their case and perform an investigation of the evidence presented by the opposing side. This discovery process can go on for a long time. The judge will review all of the information after each party’s case is made. 
7. Prove Your Case: At the trial, your personal injury lawyer will need to prove that the defendant’s actions caused your pain and suffering. This may involve presenting evidence such as medical records, witness testimony, and expert testimony.

The Benefits of Settling Outside of Court

Choosing to solve a personal injury dispute outside of court offers several advantages over going to trial. Here are some of the main advantages of settling outside of court:

Save Time and Money

Going to trial can be expensive and time-consuming. Settling personal injury cases outside of court saves you from costs associated with the litigation process, such as lawyer fees, filing fees, and expert witness fees. These expenses can add up quickly over time, especially in trials where the investigation and discovery process takes years to complete. Going to court can also mean waiting long periods of time before receiving any of the compensation or other forms of relief you are owed. Out-of-court settlements eliminate the hassle of legal proceedings and save you money in the long run. 

Privacy and Confidentiality

Missouri courts give the public access to case records. This means that anyone can read a transcript of your court proceedings. During the trial phase, you can be asked any question that is considered relevant to the case, and your answer will be documented on an official record, which is generally accessible to the public. If you are concerned about or uncomfortable with revealing details about your personal life, you may want to avoid walking into a courtroom. 

By settling outside of court, the only information that is made public about your case are the terms of the settlement. You don’t have to make your medical history or other private details a matter of public record, and you don’t have to worry about who is going to look up and use that information. Out-of-court settlements allow you to reach a compensation agreement that can keep your personal life private. 

More Control Over The Outcome

Settling personal injury disputes outside of the courtroom gives all parties involved more control over the outcome. They can discuss how they would like to resolve their differences and create their own terms for the agreement. This may not be possible in a court setting where a judge or jury makes the final decision. This allows all parties to negotiate an arrangement that works best for them while duly compensating the affected individual. 

Preserving Relationships

Choosing to settle a dispute outside of court can also help to preserve the relationships between those involved in the case. Legal issues can be especially damaging to personal relationships in cases that involve family members, friends, neighbors, and employers. In some cases, going to court can create hostility and resentment, making it difficult to maintain any relationship after the dispute is resolved. Settling outside of court can help you maintain positive relationships and open lines of communication with the parties involved in the case. Furthermore, you can work together to create an agreement that addresses both of your concerns and keeps your issues away from public record. 

If you’re involved in a personal injury case, reach out to trusted personal injury lawyers in St. Louis to explore your options of reaching an amicable resolution outside of the courtroom. 

What Is the Average Settlement for a Personal Injury Case in Missouri? 

Given the unique and specific circumstances of each case, there is no “average” settlement amount for personal injury claims in Missouri. The compensation you receive will depend on a number of variables that consider the severity, cost, and impact these injuries have had on your life.

Furthermore, the settlement you receive can vary widely depending on the specific insurance policies involved and the willingness of the parties to negotiate. The strength of your attorney’s case for your personal injury claim can significantly impact whether you receive a substantial settlement over a smaller one. That’s why it’s important to seek out the best St. Louis personal injury lawyers to handle your case and fight for the compensation that you deserve. 

How Long Does It Take for a Personal Injury Claim to Be Paid?

The time it takes to receive a compensation payout varies. Some cases may be resolved relatively quickly, while others may take many months or even years to fully resolve. For smaller claims, such as those involving relatively minor injuries, the process to pursue compensation may be resolved within a few weeks to a few months. However, for more complex cases or those involving more significant injuries, the process may take several months or even years to fully resolve and recover compensation.

In general, the length of time it takes to receive a personal injury claim can vary depending on a number of factors. Some of the factors that can affect this timeline include:

• The Severity of Your Injuries: Cases involving more serious injuries may take longer to resolve than cases involving less serious injuries.
• Case Complexity: Cases that involve multiple parties, disputed liability, or complicated legal issues may take longer to resolve.
• Settlement Amount: In some cases, insurance companies or defendants may take longer to pay out larger settlement amounts.
• Settlement Negotiations: Negotiations with insurance companies or the other party, as well as court proceedings, can take time and may delay the disbursement of settlement funds.
• Compliance With Legal Procedures: Settlement funds may not be disbursed until all necessary legal procedures have been followed, such as obtaining court approval of the settlement.
• Appeals: Your settlement disbursement may be delayed if there are appeals or other challenges to the settlement.

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If you have been injured and are considering pursuing a personal injury case, consult an attorney for guidance on the potential timeline for resolving your claim. Hiring an experienced St. Louis personal injury attorney is key to expediting the process and ensuring you receive the compensation you deserve as quickly and efficiently as possible. 

Why You Should Choose Hipskind & McAninch

For your personal injury case, you want an attorney who will fight for your rights and get you the compensation you deserve. Read more to learn about what our personal injury law firm can offer you:

Proven Success: A History of Winning Results

Success is the cornerstone of Hipskind & McAninch. Our law firm prides itself on the accomplishments and legal experience of our St. Louis personal injury attorneys. We are happy to claim many notable achievements including, but not limited to:

• Over $10,000,000 recovered for our clients
• 250+ five-star reviews on Google
• A 99% success rate in our cases

People choose our law firm for their personal injury lawsuits because we know how to win. We use robust legal strategies that get our clients the results they’re looking for. We have secured multi-million dollar settlements for our personal injury clients, and we pride ourselves on our abilities to maximize your compensation. When you partner with us, you’re choosing a personal injury law firm that has a proven track record of winning and achieving the results that you want. 

Recognized Excellence and Prestigious Awards

The exceptional legal services we provide our clients at Hipskind & McAninch have not gone unnoticed—we’ve received widespread recognition within the legal community. Our law firm and legal team has received numerous honorable recognitions and awards, including, but not limited to:

• Three consecutive years on the Super Lawyers® Rising Stars List
• The National Trial Lawyers Top 40 Under 40
• Perfect five-star reviews on Avvo, the largest online lawyer listing service
• National Premier Top Ten Personal Injury Attorney
• TopLocals Top Rated Personal Injury Lawyers

We put a lot of effort into building the strongest cases for our clients, and these awards indicate the quality of work we produce. At Hipskind & McAninch, our work ethic is rooted in a genuine passion for the law and a genuine desire to make a positive impact in the lives of those we represent. We are certain we can provide you the best legal representation for your personal injury case and will do what it takes to get you the results you deserve.

Our Legal Experience and Knowledge

At Hipskind and McAninch, our lawyers possess a deep understanding of the intricacies and nuances of personal injury law. We are committed to developing the strongest legal strategies for your case through ongoing and up-to-date research on the evolving regulations in Missouri. We stay ahead of the curve to anticipate challenges, identify opportunities, and provide you with a competitive edge in the courtroom. Often, personal injury cases are brought against insurance companies that tend to employ tactics that protect only their interests and wallets. 

Common tactics these companies use include blaming victims, disputing the accident, withholding information, misrepresenting coverage, and making lowball settlement offers. Ultimately, these malicious attempts work to reduce an injured person’s path to recovery. Our St. Louis personal injury attorneys have firsthand experience working for the corporate side, and they know how to counter and leverage opponent strategies. With extensive knowledge and legal experience, we are equipped to handle even the most challenging cases. By choosing us, you can trust that you are placing your legal matters in the hands of a firm that delivers exceptional results. 

Client-Centered Approach

A personal injury can be a very challenging time in someone’s life in terms of physical pain, emotional distress, and financial hardships. With this in mind, our law firm uses a client-centered approach that relies on clear communication and responsiveness. To build a successful case that meets your needs and interests, we listen to the unique circumstances of your case and tailor our legal strategies accordingly. 

We will make sure to take the time to explain legal concepts to you and answer any questions you have about your case. Our goal is to help you focus on your personal recovery, knowing that our attorneys will handle the legal complexities of your case, like paperwork and negotiations with insurance companies. We will offer you support and guidance and, above all else, reassurance that your case is in good hands. While we advocate vigorously for your right to just compensation, you can focus on what really matters after sustaining a personal injury: your health and well-being.

No Win, No Fee, No Worries

If you’ve suffered a personal injury, you have enough things to worry about. Finding the money for legal representation should not be one of them. We firmly believe in serving the needs of everyone, regardless of their financial situation. Our St. Louis personal injury lawyers operate on a contingency fee basis, meaning you only pay us if we win your case. Our fee structure is designed to give you peace of mind knowing that we will do everything we can to win your case and that our payment is contingent upon winning your case. 

We also offer prospective clients a free consultation where you can discuss the details of your situation with us, and we can let you know what we can offer you. The initial consultation allows us to understand your case better and provide you with valuable legal advice. Contact us today to schedule your free consultation and take the first step towards receiving the compensation you deserve as quickly and efficiently as possible. 

In conclusion, if you have suffered from a personal injury in the St. Louis metropolitan area, we strongly suggest contacting an experienced personal injury lawyer. In addition to car accidents, personal injury claims can be made for a wide range of situations, including slip-and-falls, medical malpractice, product liability negligence, dog bites, and accidents at the workplace. When injuries happen, there are legal avenues that allow you to seek compensation for, not only physical damages and financial costs, but also for pain and suffering. 

Many factors can affect the settlement you receive, but your attorney can sit down to crunch the numbers with you and lead you through the legal complexities of personal injury lawsuits. Depending on the circumstances of your case, you may decide to solve your personal injury dispute outside of the courtroom. Regarding outstanding legal representation, Hipskind & McAninch is here to help you with your personal injury case. Our experience as St. Louis personal injury attorneys is widely acknowledged in the legal community, and we proudly boast a track record of victories in the courtroom. Our client-centered approach is designed to minimize your stress and maximize your compensation. Let us handle the legal complexities while you focus on more important things like your health and recovery. Contact our law firm today to learn more about what we can do for you.