Posted On: April 1, 2008 by David Payne

Branson Car Wreck Law~Questions Answered

"David Payne and the lawyers at Cardin & Payne are ready to talk with you about your car wreck."

~Nixa, Ozark, Republic, Aurora, Monett, Cassville, Mt. Vernon are all areas in which David Payne takes cases~


Will I have to go to court to recover money? What about an out-of-court settlement?

If there is no settlement offer, obviously you must either go to trial or get nothing. In most all cases, the choice is yours because there will be a settlement offer on the table. Because I carefully screen personal injury cases and because I have a reputation with insurance companies for getting excellent recoveries for my clients, the vast majority of our clients receive reasonable offers to settle before trial. Because of the factors involved, it is virtually impossible to predict whether your particular case is one that will be settled or one which must be decided by in court by a jury.

How much of my time after I hire a lawyer will my matter take before I get results?

Surprisingly, most personal injury claims will not require a great deal of time from the client, unless it goes all the way to trial and then, your time will be greater. After the initial interview, your lawyer will do almost all of the work for you regarding the claim, but not all the work. Your problems become the concerns the attorney you hire. Your job is to recover and heal from your injuries from the accident if you have not already done so. The final trial preparation process will require more of a time commitment from you if your injuries are substantial and/or complex.

How much money is my case worth? What is the value of my case?

Predicting the trial value of any Missouri personal injury case is almost impossible. There are too many factors that can affect the value of a case to speculate with any certain degree of accuracy. Your attorney can only give you a very general idea of the value of your case based on cases he/she has handled with similar injuries and will not be able to predict the specific amount of recovery. With all that said, I should be able to provide a general settlement range that can reasonably be expected after review of your personal injury case.

In 2005, a company that analyzes nationwide jury verdicts in personal injury cases did a study that found that the nationwide median jury award in a personal injury case was $38,461 and the nationwide plaintiff recovery probability was 55 percent. However, Missouri personal injury cases resulted in a lower average award.

What if I am hit by a driver who flees the scene of the accident?

In Missouri, if you suffer injuries from the negligence of a hit-and-run driver, you may still be able to recover for your lost wages, medical bills, and pain and suffering as if you knew the identity of the driver by bringing a claim under your own insurance policy's uninsured motorist provision. The law treats that phantom vehicle as an uninsured driver and you recover under your own insurance policy that was put in place to cover such instances. 13653921.jpg

How long do I have to bring a case? Can I sit back and wait and decide what to do?

You must file your case within the Missouri Statute of Limitations, a fixed period of time dictated by the law. It is imperative that you call an experienced Missouri lawyer for an explanation of these time limits, always consult with a lawyer experienced in these matters.

Call David A. Payne at 417 847 7516 or get a hold of him online and you will speak with an experience injury attorney.