A Missouri Federal Jury Issued A $158 Million Verdict In Favor of the Family of A Man Killed on an Amtrak train A Texas Jury Awards $105 Million To The Family Of A Man Rear Ended By An Amazon Delivery Service Partner
A Missouri Federal Jury Issued A $158 Million Verdict In Favor of the Family of A Man Killed on an Amtrak train A Texas Jury Awards $105 Million To The Family Of A Man Rear Ended By An Amazon Delivery Service Partner

FAQs

Frequently Asked Questions

Yes. For your protection, you should always call the police after any auto accident that results in an injury. Even relatively minor damage to the cars is enough to involve law enforcement. A police report can be an essential aspect of your auto accident claim.

 

It is important not to discuss the accident or circumstances leading to the accident with the insurance company, as the insurance adjuster may ask you questions that could impact the decision that will be made about who caused the accident. The insurance company may record these phone conversations and attempt to use them against you so that you are unable to collect compensation for your injuries. Remember, insurance companies try to save money by not paying claims.

 

Yes and yes. Even as a passenger in the car that caused the accident, you can still file a personal injury claim against the driver of the car in which you were riding. If the accident was the other driver’s fault, you can file a claim against that driver. 

 

It is not uncommon for car accident victims to have difficulties coping with expenses related to emergency care and long-term treatment. Even people with health insurance can have a hard time digesting large medical bills that can be hundreds or thousands of dollars. While a financial recovery from the at-fault party can help you pay these bills, it is not immediate.  This is a fact that many physicians and healthcare providers understand.  Oftentimes, a physician will treat you on the promise of payment from the settlement or verdict. We can help you find medical professionals that are willing to work with your situation until your case is resolved. 

There is a statute of limitations regarding personal injury claims. For most injury claims, in Texas, Missouri and Illinois, this time is 2 years from the date of the accident or injury. In Florida, this time limit is generally 4 years from the date of the accident or injury. Therefore, it is important to follow up with medical appointments if you have been injured. Medical treatment both helps you recover from your injuries and provides documentation of those injuries so that a claim can be brought on your behalf. After the statute of limitations expires, you may be unable to file a claim or lawsuit at all. 

All injury cases are different. There are many factors that are involved in determining the value of a case. Some of those factors include: the severity of your injuries; the length of time of your total and/or partial disability; the amount of your past and future medical bills; the amount of damage to the cars (if applicable); and the amount of lost wages as a result of the accident. If you are partially liable for the accident/injury, your case will be worth substantially less depending on the percentage of your liability or fault in the accident. A personal injury lawyer can thoroughly investigate your accident and injuries to determine what a fair case value may be and then pursue that amount through a claim or a lawsuit. 

 

Once the trucking company receives a spoliation letter, the company has a legal obligation to preserve all pieces of evidence listed in the letter. Trucking companies that destroy or tamper with evidence in violation of the spoliation letter can face severe penalties.

Filing a temporary restraining order against the trucking company may be necessary when there is a risk of the destruction of evidence. The restraining order would prohibit the trucking company from destroying the listed pieces of evidence while the legal case is pending.

While there are many types of evidence that should be gathered and preserved following a trucking accident, black box data is arguably the most critical piece. A black box is the main source of information regarding the collision and the truck itself. Most commercial trucks are equipped with these so-called black boxes, which provide crucial evidence about accidents. The truck’s black box captures operational data and provides information about:

  • Whether or not the truck driver applied the brakes
  • The truck’s speed before and during the collision
  • The direction the truck was traveling
  • The length of time the trucker had been on the road
  • The steering wheel movement before and during the accident
  • The truck’s gear shifts

The black box may also contain the truck’s daily inspection records and any reports filed by the truck driver to the trucking company. Since black box data can be an invaluable piece of evidence in a truck accident case, the injured party might want to seek help from an experienced trucking accident lawyer to preserve the evidence before the trucker or trucking company destroys or tampers with the box.

Although the amount offered may seem like enough to pay for your injuries, it is still important to consult a personal injury attorney regarding your accident and claim. For instance, what if you accepted the settlement but had a further complication arise from your injury? Would you be able to collect again on an already settled claim? What if it is too soon to know the full extent of your injuries? The insurance company is likely acting in a manner which is meant to save the company money and offer you the lowest settlement possible. By having an attorney review your case, you can find out if the settlement offer is fair and make an informed decision. It is our goal to provide you with excellent legal representation that will help you collect the compensation you deserve for the injuries you have suffered. 

Negligent security is a type of premises liability claim in which a person injured or killed by an attacker while on another person’s property seeks a financial recovery from the property owner.

Apartment complexes, nightclubs, hotels, restaurants, stores, etc. may be found liable for negligent security if they failed to provide reasonable security measures to keep safe individuals who are on their property. Was there no security guard? Was the gate broken? Was the parking lot too dark? Were there surveillance cameras?

Call us and let us evaluate your claim. We represent victims of sexual assault, shootings, and other violent attacks.

Most states recognize that the owner of the property owes a duty to its tenants, customers, or visitors to take reasonable steps to protect against criminal attacks.   

In many states, the court will use a balancing test to determine what is a reasonable according to the facts of the specific case. The court will weigh the likelihood of an attack and the potential for harm against the burden imposed on the property owner to provide the protection. Reasonable protection may include something as minor as a security camera or fence or something as expensive as hiring a security contractor and providing on-site security guards. 

When involved in a slip, trip, or fall accident you should try to take as many of the following steps as possible to assist in the success of your case: 

  1. If injured, call 911 and seek prompt medical attention.
  2. Avoid making any statements, including statements concerning fault.
  3. Request that an incident report be completed and get a copy of the report.
  4. If you are able, take pictures and/or video of the scene or ask someone to do it for you.
  5. Take pictures of your injuries and the clothing and shoes you were wearing at the time of the fall.
  6. Obtain the names of any witnesses and their contact information.
  7. Avoid giving recorded statement to anyone, including insurance adjusters.
  8. If injured, seek an attorney to protect your rights.

There is no upfront cost to you. The important thing to keep in mind is that we work on a contingency basis, so you will only pay legal fees if you win your case. 

Any evidence at the scene of the accident will disappear within hours or days following the crash. A comprehensive investigation may be necessary to collect and document all available pieces of evidence at the scene of the trucking accident. Such evidence usually includes photos of skid marks, vehicle damage, and signage.
Testimony from expert witnesses can play a crucial role in determining liability for the trucking accident and helping the injured party obtain any compensation to which he or she is entitled. Accident reconstruction experts inspect the scene of the accident and study all available pieces of evidence to develop a conclusion about the cause of the crash.
Witness statements can serve as important evidence in a truck accident case. If there were witnesses, collect the names and contact information of anyone who saw how the accident happened.
In addition to collecting black box data, preserving evidence in trucking accidents also involves other physical and electronic records that trucking companies are legally required to retain for a certain period of time. For example, according to the FMCSA, federal law requires motor carriers to keep drivers’ records of duty status and supporting documentation for six months. Trucking companies must also keep a copy of the electronic logging device (ELD) records separate from the original data for six months. Other types of evidence that the injured party will want to preserve following a truck crash include records of:
  • The truck driver’s hiring and training
  • The truck driver’s daily logs
  • The vehicle’s daily inspections
  • The vehicle’s routine inspection and maintenance
  • The vehicle’s repairs and tests
  • Past accidents involving the truck driver
The injured party, or his or her attorney, should gather and preserve the truck’s black box data and the above-mentioned records to prevent the destruction or spoliation of these crucial pieces of evidence. Often, trucking companies go to extreme lengths in an effort to avoid liability for trucking accidents involving their truckers and vehicles. A trucking company may attempt to clear certain data from the black box or reset the device entirely, falsify records, or simply destroy relevant pieces of evidence. The Witherspoon Law Group understands the importance of promptly gathering and preserving evidence following a trucking accident. Let us handle the legal matters and fight for justice on your behalf.

8 THINGS TO DO AFTER AN AUTO ACCIDENT

1. Do not leave the scene. 

2. Call 911.  

If you can safely do so, take pictures before the cars are moved. 

Move your car to a safe place.

Get the name and phone number of any witnesses.

Exchange insurance information with the other driver.

Seek medical attention. 

The Witherspoon Law Group at 844.WE.WIN.44. 

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