St. Louis Personal Injury Attorneys

Types of Personal Injury Cases We Handle

Our team of St. Louis personal injury attorneys at Sedey Harper Westhoff have the experience and resources to effectively take on many types of personal injury claims. We are familiar with how Missouri courts adjudicate these cases and what goes into a successful claim. 

We are prepared to represent Missouri personal injury victims in cases involving:

• Car accidents
• Construction site accidents
• Dangerous products
• Dangerous properties
• Motorcycle accidents
• Pedestrian accidents
• Truck accidents
• Wrongful death

Elements of a Personal Injury Claim

If you were harmed by the negligence, carelessness, or malicious conduct of another person or organization, you may have a personal injury claim. Building the foundation for a successful case will involve gathering and presenting evidence that demonstrates four key elements. Our lawyers can help obtain evidence and craft strong arguments.

Proving a personal injury claim involves establishing the following elements:

• Duty of care. You must demonstrate that the defendant owed you a duty of care. This means the defendant was required to act in a reasonably prudent manner to prevent harm. For example, drivers owe others on the road a duty of care whenever they get behind the wheel.
• Breach of duty. You must show that the defendant breached this duty of care through action or inaction, which a reasonable person would not have done under similar circumstances.
• Causation. You must establish a clear link between the defendant's breach of duty and the injury incurred by the plaintiff.
• Damages. You must provide evidence of actual damages resulting from your injuries, such as medical bills, lost wages, and pain and suffering. These damages must be directly connected to the defendant's breach of duty.

Recoverable Damages in a Missouri Personal Injury Lawsuit

In a Missouri personal injury lawsuit, you can recover both economic and non-economic damages, which serve to compensate for different kinds of losses experienced due to your injuries. Economic damages refer to the tangible, quantifiable costs incurred as a result of your injuries. Non-economic damages address the more subjective, intangible losses linked to your injuries that do not have a direct monetary value. 

Our St. Louis personal injury attorneys can fight to get you maximum compensation for all economic and non-economic damages, including:

• Medical bills
• Lost wages
• Reduced earning capacity
• Property damage
• Pain and suffering 
• Emotional distress
• Loss of consortium
• Loss of enjoyment of life

Additionally, a court can sometimes award punitive damages if the defendant’s conduct was malicious or extremely egregious. Punitive damages are meant to punish the defendant and deter others from behaving similarly in the future. Note that Missouri generally enforces caps on punitive damages.

Understanding the Personal Injury Claim Process

Recovering compensation through a personal injury claim involves specific legal procedures. We understand how to successfully navigate this process and can provide results-oriented guidance from start to finish. 

The personal injury claim process tends to involve the following steps:

• Initial consultation. It is in your best interest to consult an experienced personal injury attorney as soon as you can. You will need to provide details of what happened and any relevant documentation of your injuries, such as medical reports. Our team at Sedey Harper Westhoff can assess and advise you of the strength of your case and how we can help.
• Investigation. Once we take your case, we can conduct a thorough investigation. This involves gathering evidence, speaking with witnesses, acquiring police reports, and consulting experts if necessary. Our goal is to build a robust foundation to support your claim.
• Filing the claim. After collecting sufficient evidence, we can file the claim with the appropriate insurance company or court. This entails detailing the damages suffered and the compensation sought.
• Negotiation. Following the filing, the next stage is negotiation with the insurance company. We may engage in discussions to reach a settlement that adequately compensates you for your losses without the need for litigation. 
• Litigation. If negotiations do not result in a satisfactory settlement, the case may advance to litigation. During this phase, both parties present their evidence and arguments before a court. The litigation process involves discovery, pre-trial motions, and potentially a trial where a judge or jury renders a final decision.

Why Choose Sedey Harper Westhoff for Your Personal Injury Case?

• Extensive Experience: Our St. Louis personal injury law firm has a proven track record of success in handling complex personal injury cases. With years of experience, we understand the intricacies of personal injury law and how to maximize compensation for our clients.
• Dedicated Legal Team: We focus solely on personal injury law, allowing us to provide specialized and detailed legal guidance tailored to your specific case. Our attorneys are committed to securing the best possible outcome for you.
• No Fee Unless You Win: At Sedey Harper Westhoff, we work on a contingency fee basis, meaning you only pay legal fees if we win your case. This allows you to pursue justice without worrying about upfront costs.
• Personalized Attention: We treat every client like family. You can expect open communication, regular updates on your case, and personal attention from our legal team.
• Aggressive Representation: Whether we are negotiating with insurance companies or fighting for you in the courtroom, our attorneys are aggressive advocates for your rights. Our St. Louis personal injury lawyers won’t settle for less than you deserve.

Contact Sedey Harper Westhoff Today

If you or a loved one has been injured due to someone else's negligence, don't wait to get the legal help you deserve. Contact Sedey Harper Westhoff today for a free consultation with our experienced St. Louis personal injury lawyers. Let us fight for your rights and help you secure the compensation you need to move forward with your life.

Need a personal injury lawyer near you? Call (314) 819-0963 or contact us online today!

Personal Injury FAQs

How Much Does a Personal Injury Lawyer Cost?

You may understandably be worried about the theoretical expense of hiring an attorney to help with your personal injury claim, especially if you are already dealing with lost wages from missed work and overwhelming medical expenses. The good news is many personal injury attorneys, including our St. Louis personal injury lawyers, handle these claims on a contingency fee basis. This means we can agree to represent you without any upfront payment and instead receive a percentage of your settlement or court-awarded damages if the case is successful. In other words, you owe nothing unless we help you recover compensation.

What Is the Statute of Limitations for Filing a Personal Injury Lawsuit in Missouri?

The statute of limitations for most personal injury claims in Missouri is five years from the date the victim was injured. This means you have five years from the date you were injured to bring your claim. Failing to file within these five years can result in the loss of your right to recover damages. Note that if a loved one suffered fatal injuries, you only have three years from the date they passed away to file a wrongful death claim on their behalf. 

Can I Represent Myself in a Personal Injury Lawsuit?

Representing yourself in a personal injury lawsuit is technically permitted but generally not advisable due to the complexities involved in these cases. Personal injury law is intricate and often involves a deep understanding of legal procedures, evidence gathering, and litigation strategies that you may lack. Legal professionals are skilled at navigating these complexities and can help you meet all procedural requirements, reducing the risk of an unfavorable outcome due to technical errors. 

Additionally, attorneys can help accurately assess the true value of your claim. Experienced lawyers understand how to consider all potential damages, including future medical expenses and lost wages, which you may not know to include. Moreover, insurance companies are experienced in negotiating settlements that benefit them and, if you lack legal representation, may attempt to take advantage of you to offer less than what might be fair or appropriate. Having legal representation can increase the likelihood of securing a better settlement or court decision.

Can I Get a Settlement Without Going to Court?

Yes, it is entirely possible to obtain a settlement without going to court. In fact, a significant number of personal injury cases are settled out of court through negotiations between the injured party's attorney and the at-fault party's insurance company. The primary advantage of settling out of court is that it often results in a quicker resolution, allowing you to receive compensation sooner without the time and expense associated with a trial. 

During settlement negotiations, both parties have the opportunity to discuss and agree upon a settlement amount that adequately covers your damages. This process involves careful evaluation of your claim's value, considering factors like medical expenses, lost wages, and non-economic damages like pain and suffering. Your attorney will play a crucial role in these negotiations, as they advocate for your best interests and verify whether a settlement offer is fair and comprehensive. While most cases can be settled this way, if the parties cannot agree on an offer, taking the matter to court remains an option. You are not required to accept a settlement just because the insurance company offers one.

When you suffer life-altering injuries due to another party’s negligence, we can help explore your legal options and fight to enforce your rights. Call (314) 819-0963 or contact us online today!