FAQ | Kolker Law Firm

The insurance company offered me a settlement, should I take it?

As mentioned before, an attorney should be consulted before any dealings are made with insurance companies. Adjusters will try to get you to settle for a lower amount, appealing to your vulnerability and need. They will try to make you believe that you will not be able to get anything better. However, the case is often contrary. Having one of our lawyers look over the settlement will give you the assessment of a legal professional who sincerely cares about your best interests.

Will my case go to court?

Not all personal injury claims go to court. Our first task will be to attempt a settlement negotiation with the insurance adjuster using evidence gathered. However, our primary goal will be to see you recover your full amount of compensation. If the insurance company refuses a reasonable settlement, we will not hesitate to take them to court where a judge or jury will decide the fate of your case and the amount of your reward.

Do I need a personal injury attorney?

While it is not legally required that one hire a Missouri personal injury lawyer to file a claim, it is universally recommended. The reason for this strong recommendation is that you will be going up against large insurance corporations, which tend to take advantage of injured victims because of their urgency and plaintiffs' lack of knowledge about their rights to compensation. An attorney will be able to see past the strategies of insurance companies and fight for your rightfully deserved amount of compensation.

How long do I have to pursue a claim if I have been injured?

All civil claims have a time limit, known as the statute of limitations. This is the time period in which a claim for damages is legitimate. If that statute of limitations expires, you may lose your ability to claim the compensation you need and deserve. Therefore, it is best to act quickly and promptly when pursuing a case. In the state of Missouri, the statute of limitations for personal injury claims is usually five years but can vary depending on the nature of the case. It is best to consult with an attorney about how much time you have.

What am I required to prove in a personal injury claim?

Personal injury law is centered on the principle that all people have some degree of duty to reasonable care for the safety of themselves and of others.

If you are claiming that someone's negligence caused you to suffer injury you and your attorney will be required to prove that the:

Defendant had a duty to care
Defendant deviated from that duty to care
Defendants deviation was the direct cause of your injury

This could be done in many different ways and in many contexts depending on the nature of your case. Call us today for more information - (314) 684-8285