Understanding Comparative Negligence: How Fault Impacts Your Compensation

If you’ve been in an accident in Missouri, you may be wondering how to get compensation for your injuries. It’s important to understand the concept of fault with regard to comparative negligence as it can affect how much you can receive from a personal injury settlement. Here’s a breakdown of comparative negligence and the effects it can have on your personal injury case.

What Is Comparative Negligence?

Missouri is a comparative fault state. To receive benefits from a personal injury case in Missouri, you have to prove that someone else was at fault for your accident. A judge will look at your case to determine which party is at fault. After identifying the negligent party, a percentage of responsibility for each party’s injuries will be calculated to determine how much you get compensated. This system, known as comparative fault, divides a plaintiff’s total loss by the total fault. Basically, comparative negligence allows you to be compensated for your injuries despite being partially responsible.

How Comparative Negligence Affects Your Case

Comparative negligence may be one of the most important factors in a personal injury case. Even if you’re at fault for your accident, you’ll still be able to receive benefits for the percentage of fault for which the other party is responsible. It also means if the other party isn’t 100% at fault, you may not receive as much compensation as you’d think. It’s crucial to understand your percentage of comparative negligence so you know what to expect from your settlement.

The Benefits of Hiring a Personal Injury Lawyer

Comparative negligence can be a tricky concept to understand. Unfortunately, it’s just one of several complicated factors of a personal injury case. An experienced attorney will be able to help walk you through the steps of your claim, from the first day you file to when you receive your benefits. To get the compensation you deserve, you should have a personal injury lawyer in your corner to represent your best interests.

Trusted Personal Injury Lawyers in Missouri

If you’ve been in an accident in Missouri, you’ll want the experts at Lanzotti & Rau on your side. The lawyers at Lanzotti & Rau offer professional legal services to help you navigate a personal injury case if it goes to trial. To learn more about our legal services or to schedule a free consultation, call us today at 573-335-9300.

Can You File a Lawsuit for Emotional Distress?

The damages from a personal injury are often more than physical. Dealing with the physical and financial difficulties of a car accident can affect your mental health and cause you undue emotional distress. While filing your personal injury case, you may be wondering, “Can I sue for emotional distress?” Depending on your situation, you may be able to add it to your claim.

Can I Sue for Emotional Distress?

Emotional distress is valid to be filed in your personal injury claim because it’s part of your pain and suffering. There are several types of emotional distress that you can include, such as:

  • Major depression
  • Fear and anxiety
  • Differences in behavior after a head injury
  • Loss of interest in career or hobbies
  • Chronic pain
  • Disability-related stress, such as humiliation or distress
  • Loss of sleep
  • Post-traumatic stress disorder

Before including any of these conditions in your claim, it’s important to ensure that they developed only after your injury. If your personal injury case is causing you any sort of mental anguish, it too is considered emotional distress.

Compensation for Emotional Distress

Your compensation for emotional distress will be a portion of your benefits, and the amount depends on the severity of your distress. Your mental health affects nearly every aspect of your well-being and can severely prolong your recovery time. The more damage caused by your emotional distress, the greater your compensation will be.

Compensation can be calculated either by per diem, which assigns a certain amount of emotional distress per day, or by multiplier, which takes the sum of the damages and multiplies it by a certain degree of severity. The multiplier method is the most common way to determine what you’re owed.

Rely on Missouri’s Trusted Personal Injury Lawyers

Missouri does not have a limit to the amount of emotional distress compensation you can receive, meaning your sum is dependent on your case. However, your odds of receiving a successful and healthy amount of compensation increase significantly by having a personal injury attorney by your side.

If you’re filing an emotional distress claim for your personal injury accident, rely on the lawyers at Lanzotti & Rau to help argue your case and get you the benefits you deserve. To learn more about our legal services and schedule a free consultation, call us today at 573-335-9300.

How to Find a Medical Malpractice Attorney in Missouri

What may start and a simple doctor’s visit can turn into a medical malpractice case, taking your injury or illness from bad to worse. A doctor’s negligence can prolong your pain and suffering, requiring additional time to recover and extra medical bills. If you’ve been the victim of medical malpractice, here’s how to file a claim with the help of a qualified medical malpractice attorney.

Medical Malpractice Case Requirements

When you consult with medical malpractice lawyers, they’ll go over the details and make sure you actually have a case. Basic requirements for a medical malpractice claim include:

  • An existing doctor-patient relationship
  • The doctor was negligent in treating your case
  • The doctor’s negligence led to injury
  • Actions taken by the doctor led to impairments such as physical pain, increased medical bills, mental suffering, or inability to work

Why You Should Hire a Medical Malpractice Attorney

Medical malpractice cases can be long and difficult, and it’s not always easy to determine whether a doctor was negligent, especially if it’s a complicated situation. Therefore, you’ll want a medical malpractice attorney on your side to help ensure the strength of your case so you can file a successful claim.

Missouri is also a physician-friendly state, adding an extra layer of difficulty in winning a case. An experienced medical malpractice attorney will be able to streamline the process for you by collecting evidence and calling expert testimony. Extra knowledge will make your case even stronger so you can get the benefits you deserve.

If you or a loved one have been the victim of medical malpractice in Missouri, look no further than the experts at Lanzotti & Rau.

Professional Medical Malpractice Legal Services

The team of experienced legal professionals at Lanzotti & Rau understand the complexities of medical malpractice cases and are equipped and ready to help you win your case and get your life back on track. To learn more about our legal services or how we handle medical malpractice cases, call us today at 573-335-9300 to schedule a free consultation.

The Importance of Seeking Medical Attention After an Accident: Legal and Health Implications

Car accidents are unexpected and unfortunate events that can result in serious injury. Even if you don’t think you’re injured, it is vital to seek medical help after any type of motor vehicle accident; not doing so may have a serious effect on your health or legal standing if you choose to file a claim.

Taking Care of Your Health Post Car Accident

Seek out a doctor as soon as you can after a car accident, even if your symptoms are minor or nonexistent. Your adrenaline runs high after any sort of traumatic accident, which can mask your pain—and your injuries. Several ailments, including traumatic brain injuries, are known as “silent injuries” because they go undetected if not diagnosed by a professional. Other latent, but serious, injuries can include:

  • Nerve damage
  • Whiplash
  • Internal bleeding
  • Neck and shoulder injuries

These injuries can lead to lifelong complications that can impact you long after a car accident. The sooner you seek treatment, the sooner you’ll be on the road to recovery.

Building Your Car Accident Claim

Seeking help after a car accident not only benefits your health but your legal standing as well. If you decide to file a personal injury claim, you’ll need as much evidence as possible. Documenting your injuries and any treatments help build your claim before you even decide to file. In fact, if you don’t seek medical attention until much later, insurance companies may delay or even outright reject your claim. Consulting a car accident lawyer should be your next step after taking care of your immediate health.

Hiring a Car Accident Lawyer

Having documented evidence of your car accident injury is the most important way to get the benefits you deserve. While you recover, you’ll want an experienced car accident lawyer on your side to collect such evidence during discovery to ensure you get what you’re owed.

Missouri’s Experienced Car Accident Lawyers

If you’ve been injured in a car accident in Missouri, turn to the car accident legal experts at Lanzotti & Rau. Our team of respected and experienced car accident lawyers at Lanzotti & Rau can help you receive compensation for your car accident injury. To learn more about our legal services or how we handle our car accident cases, call us at 573-335-9300 to schedule a free consultation.

Chances of Winning a Personal Injury Lawsuit in Missouri

If you’re filing a personal injury lawsuit, it’s natural to wonder what your chances are of winning the case. The truth is, there are several factors at play that can help or hurt your personal injury claim. Here’s what you can do to ensure your case is a success.

Collect Evidence

Getting the facts straight greatly influences the chance of you winning your case. If you can clearly prove the other party is at fault, your odds will improve. Evidence such as photos of the car accident, police reports, and witness statements are vital. It’s also important to get assessed by a doctor and document any injuries and their treatments. Your medical bills will help prove your case and influence your payout.

Determine Insurance

Knowing your and the defendant’s insurance policies also helps your case. If your defendant doesn’t have any insurance, you may not be able to collect any damages. You’ll want to know their limits so you make sure you’re getting what you deserve.

Hire Personal Injury Lawyers

Securing an attorney for your personal injury at the start of your claim is one of the most important things you can do to improve your chances of winning your case. Personal injury lawsuits are a complicated and lengthy process. If you’re spending time representing yourself instead of recovering, it’ll only drag out your claim.

An experienced personal injury lawyer will know the ins and outs of your case and can help you from day one. They’ll take care of the intricacies of your claim and ensure you get the full benefits you deserve.

For the greatest chance of winning your personal injury case in Missouri, you’ll want experienced legal experts on your side. Fortunately, the attorneys at Lanzotti & Rau are here for you.

Missouri’s Trusted Personal Injury Lawyers

The lawyers at Lanzotti & Rau are ready to help you pursue legal action to receive full compensation for your personal injury. To learn more about our personal injury legal services or how we handle our cases, schedule your free consultation today by calling Lanzotti & Rau at 573-335-9300.

Debunking Personal Injury Myths: Separating Fact from Fiction

You’ve probably heard all sorts of stories online recounting opportunistic and outrageous personal injury claims. While some of these claims are legitimate, false personal injury claims raise suspicions and perpetuate myths and misconceptions that can dissuade truly injured victims from filing a claim. Here’s how to separate fact from fiction to support your personal injury claim.

5 Common Personal Injury Myths

  • Myth #1: Personal injury claims are only for physical injuries.

Personal injury cases can encompass more than just any physical harm you suffer. Emotional distress, lost wages, and property damage are all valid reasons to file a claim. Any sort of loss or injury you sustain falls under that umbrella.

  • Myth #2: All personal injury claims go to court.

While some personal injury cases end up in court, that usually happens when neither party can come to an agreement. In fact, most cases are settled outside of court because involved parties usually want to resolve the claim without having to endure the time and expense of a trial.

  • Myth #3: Personal injury claims have high payouts.

You may see or hear about high payouts from personal injury cases, but no claim is the same. Your compensation depends on a number of factors, including the severity of your injuries, medical bills, and the amount of wages lost. That’s why it’s important to collect as much evidence as possible to strengthen your case.

  • Myth #4: Insurance companies give you what you deserve.

Let’s face it: Insurance companies don’t have your best interests in mind. It’s a business, and they’ll try to settle as fast and for as little as possible. That’s why if you try to navigate the case on your own, you could end up with less than what you’re owed.

  • Myth #5: You don’t need a personal injury lawyer.

Personal injury cases are incredibly complex, and successful cases require much time, energy, and effort. Furthermore, there are several legal hoops to jump through, which can slow your case down. An experienced personal injury attorney will be able to help you navigate the discovery process and get you the compensation you deserve.

Your Southeastern Missouri Personal Injury Lawyers

If you’re facing a personal injury claim in Missouri, rely on the experienced lawyers at Lanzotti & Rau. Our team of experts are prepared to help you pursue legal action to receive compensation for your personal injury. If you want to learn more about our personal injury legal services or how we handle our cases, call us today at 573-335-9300 to schedule a free consultation.

How to Handle a Wrongful Termination Due to Work Injury

If you’re injured on the job in Missouri and file a workers’ compensation claim, there’s a valid concern that you may be wrongfully terminated as a result. Wrongful termination and retaliation adds undue stress to an already chaotic time when you should be recovering. Here’s how to deal with your employer if you are fired or receive notice.

Know Your Workers’ Compensation Rights

Missouri law prohibits employers from discriminating or terminating an employee due to filing for workers’ compensation. If you believe this has happened to you, there are several steps you can take. To file a wrongful termination claim, you must be able to prove the following:

  • You filed a workers’ compensation claim.
  • You were an employee before your injury.
  • Your employer discriminated against or discharged you.
  • There is a causal relationship between your workers’ compensation claim and the discrimination or being fired.

Even if you aren’t fired, it is still considered retaliation if you are forced to quit because your employer created a hostile work environment by worsening your working conditions. If that’s the case, you’ll still be able to file a wrongful termination claim; however, it’s important to be able to prove all four conditions.

Hire a Workers’ Compensation Lawyer

Depending on the severity of your injury, you may have to prove that your workers’ compensation claim was the sole reason for your employer’s actions and not just a factor. Building a successful claim takes time and energy away from your recovery process, that’s why it is important to have a workers’ comp lawyer in your corner. An experienced attorney can help you navigate the legal process and get you the benefits you deserve for your wrongful termination.

Experienced Wrongful Termination Legal Services

Whether your employer is treating you differently or has fired you because of a workplace injury, the team at Lanzotti & Rau is here to help. Our experienced workers’ compensation lawyers are ready to help you pursue legal action to receive compensation for your on-the-job injury and help you fight your wrongful termination case. To learn more about our workers’ compensation legal services or how we handle our cases, call us today at 573-335-9300 to schedule a free consultation.

Top Motorcycle Safety Tips to Prevent Accidents

While riding a motorcycle can be fun, it can also be dangerous if you’re not careful. Motorcycle accidents account for 14% of vehicle fatalities each year, meaning safety should always come first when on the road. Here are some tips to prevent an accident the next time you go for a motorcycle ride.

How to Stay Safe on a Motorcycle

  1. Wear a Helmet

    The most important thing you can do to prevent an injury is wear a Department of Transportation-approved helmet. Make sure it covers your face, and opt for a lighter color to increase your visibility. Replace your helmet every five years or after an accident.

  2. Dress for Success

    The rest of your outfit is just as important as your helmet. Leather jackets don’t just look cool — they also double as protective gear. Long leather pants and boots will also protect your legs and ankles.

  3. Stay Visible

    It’s important to make sure motorists can see you. Wear bright colors, and add reflective accessories to your clothing and your bike. Make sure you always drive with your headlight on. If you don’t know whether or not a driver can see you, honk at them or move out of their blind spot to a place where you know they can.

  4. Stay Aware

    Always be on the lookout for distracted drivers who swerve or suddenly change lanes. Intersections can also be dangerous, as 35% of accidents take place there. If you have to drive in bad weather, bring along extra safety gear to keep yourself protected. Never drive distracted, including driving while texting or under the influence. These impairments slow down your judgment and reaction time, putting you at risk.

  5. Take a Course

    If you’ve never been on a bike before, it might be a good idea to first take a safety course. Many of these classes are available online and can save you money in the form of insurance discounts.

No matter how safe you are, accidents can happen anywhere, anytime. That’s why it’s a good idea for motorcyclists to know a trusted motorcycle accident lawyer in their area.

Hire an Experienced Motorcycle Accident Lawyer Near You

If you’ve been injured in a motorcycle accident in Missouri, the legal experts at Lanzotti and Rau are here to help. Our team of experienced lawyers can help you pursue legal action to receive compensation for your motorcycle accident injury. If you want to learn more about our legal services or how we handle our cases, schedule a free consultation by calling us at 573-335-9300.

Who Should I Report My Work Injury To?

Getting injured on the job is an unexpected and unfortunate situation. Fortunately, you may be eligible for workers compensation to help pay for medical bills and lost income while you’re out of work. However, it’s important to know how to report your work-related injury so you can begin the claims process right away.

Who Do I Report My Workplace Injury to?

As soon as you receive a workplace injury, report it to your employer or supervisor. You should file a written notice that includes details like when, where, and how it occurred. It’s important to keep your own copy of the report, including when you notified your employer, for your personal records. This will help you keep track of your claim.

When Should I Report My Workplace Injury?

It’s important to notify your employer as soon as possible, but you have a total of 30 days from the time of the injury to provide written notice. From there, your employer will file an injury report. The sooner you report your on-the-job injury, the sooner you can start the workers’ compensation claims process.

Should I Contact a Workers Compensation Lawyer?

Between compiling documentation and gathering medical records, workers compensation claims can take time. Navigating a claim on your own can be a daunting and complicated process that can be sidelined by your employer’s insurance company, one that does not have your best interests in mind. Furthermore, the administrative law judge cannot advocate for you and is also under no obligation to help you receive full benefits. That’s why it’s usually a good idea to contact a workers’ compensation lawyer to fight on your behalf.

Your lawyer will help collect evidence and build the strongest claim possible. They are also familiar with the legal loopholes and maneuvers that insurance companies often pull to prevent a settlement from happening. With a legal expert on your side, you’ll be able to focus on your recovery.

Missouri Workers Compensation Attorneys

If you’ve been injured on the job in Missouri, you’ll want the best legal representation possible. That’s why you should contact the lawyers at Lanzotti & Rau immediately after reporting a workplace injury. The legal team at Lanzotti & Rau can help you pursue legal action to receive compensation for your on-the-job injury. To learn more about our legal services or how we handle our workers compensation cases, call us today at 573-335-9300 and schedule a free consultation.

Do I Need Motorcycle Insurance in Missouri?

Missouri is home to more than 180,000 motorcycle owners. Its picture-perfect highways make it a great place to ride. However, if you’re considering owning a motorcycle in Missouri, you will need to have insurance. Here’s a breakdown of the state’s policy on motorcycle insurance.

Why Motorcycle Insurance Is Required in Missouri

In Missouri, all motor vehicles require insurance. In fact, you must show proof of insurance before registering your motorcycle. Missouri is an “at-fault” state, which means you need coverage. If you don’t have insurance and are found at fault in an accident, you could face consequences such as fines, a suspended license, or even jail time. Even if you aren’t at fault, your insurance exists to protect you.

Missouri Motorcycle Insurance Requirements

Missouri insurance law requires your motorcycle policy to meet basic limits. These limits include:

  1. $25,000 for death or bodily injury to one person
  2. $50,000 for death or bodily injury to two or more people
  3. $10,000 for damage or destruction of property

Missouri requires a higher policy than most states, but it ensures you’re covered. There are additional policies you can include on your insurance plan, including collision coverage and uninsured motorist coverage. It’s important to remember that you’re responsible for any additional costs past what your insurance covers.

The Importance of Motorcycle Insurance and Legal Services

While riding a motorcycle can be fun, there are inherent risks. Motorcycle accidents can be more severe than car accidents, causing serious injury. Even with your insurance policy, you should contact a lawyer following a motorcycle accident. An experienced attorney will be able to help you navigate your claim and win you the benefits you deserve.

Expert Legal Help for Missouri Motorcycle Accident Victims

If you’ve been injured in a motorcycle accident in Missouri, contact the legal experts at Lanzotti & Rau. Our team of knowledgeable lawyers can help you pursue legal action to receive compensation for your motorcycle accident. We handle our cases on a contingent fee basis, meaning we don’t get paid until you get paid. To learn more about our services or schedule your free consultation, call Lanzotti & Rau today at 573-335-9300.