There are certain criminal cases where the accused defendant can claim “nolo contendere.” This is Latin for “I do not wish to contend.” It is a fancy legal way of pleading “no contest.” Essentially, it means the defendant is willing to accept any punishment the court hands out without admitting guilt.
Ironically, when presented with a “no-contest plea,” the judge treats it as a guilty plea. Confusing? Welcome to the legal system, where there are many loopholes around accepting responsibility.
In the personal injury arena, an at-fault person doesn’t have to accept responsibility for an accident for a victim to receive compensation. In fact, the injured party can receive a settlement without the negligent party ever admitting responsibility. The insurance company ultimately decides.
In order to convince an insurance company, you need strong evidence and the support of a skilled Columbia personal injury attorney.
The attorneys at Thomas Law Offices specialize in a wide range of personal injury claims and have guided many Columbia residents injured because of someone else’s actions.
Getting an attorney involved at the start of a claim is the best approach for ensuring that you’ll be fairly treated and receive the maximum compensation you’re due.
These are some of the personal injury claims that our firm handles.
While the physical injury and emotional trauma are often dealt with immediately after an accident, the monetary losses may accrue over time. For personal injury claims, we often separate the losses you’re seeking into the following two categories.
Calculable losses, like medical expenses and lost wages, fall into this category. To determine what you’re owed in terms of economic damages, your lawyer will collect hospital bills, lost wage statements, applicable receipts, and other documents to quantify what you’ve lost in terms of actual money. Depending on the severity of your injuries and their impact on your future, your lawyer may also look to obtain compensation for future medical expenses, future lost wages, or diminished earning capacity.
Non-economic damages are more challenging to calculate than economic damages because they are based on more subjective losses like pain and suffering, loss of consortium, and disruption to one’s life. To determine a reasonable amount, your attorney will assess the severity of your injuries, the effect on your life, and look at similar cases from the past.
In addition to economic and non-economic losses, you may also be eligible for punitive damages. These serve to punish the at-fault party for gross negligence. Courts rarely award them, but they may be available in cases involving an intoxicated driver or an inexperienced doctor. Your attorney will determine if seeking punitive damages for your claim is worthwhile.
A traumatic brain injury (TBI) can be the result of the impact in a car accident or a fall. In its mildest form, a TBI might result in a minor bump, swelling, and headache. A more severe TBI can disrupt brain function and impair someone’s ability to speak, reason, and move. That type of injury can prevent someone from returning to work. It might also require extended care. That makes this a very costly injury.
It is also the type of personal injury claim where you need to account for current and future medical expenses. The attorneys at Thomas Law Offices understand the full scope of these injuries and what needs to be calculated to support the victim. Once you accept a settlement offer, you generally cannot return later to seek additional compensation for the same claim. The number needs to be right.
Car accidents are the most common types of personal injury claims handled by Thomas Law Offices. These accidents occur for the following reasons:
When a driver is found to be driving distracted or under the influence of drugs or alcohol, they can be held liable. Their liability insurance should cover damages to your car and your medical expenses. This means showing the at-fault driver’s insurance company that they should be held accountable.
Much like car accidents, a collision with a truck can upend a person’s life. Unlike an accident between two cars, there could be additional at-fault parties named in a truck accident claim. You may have grounds to hold the trucking company accountable if it engaged in business practices that violate Federal Motor Carrier Safety Administration (FMCSA) regulations.
Depending on the factors that contributed to the accident, cargo loaders and fleet mechanics could also be held liable. Our firm has extensive experience with truck accident claims. When we take on this type of case, we’ll investigate all the potential liable parties.
Just because you put your faith in a doctor doesn’t make them infallible. Mistakes can happen through an improper diagnosis or surgical procedure. In the ER, a doctor can release a patient too soon or ignore symptoms. There could also be complications with a birth that lead to injury to the mother and baby. None of this is intentional, but that doesn’t make a mistake right.
In Missouri, you generally need to present a Certificate of Merit with your claim. A medical practitioner in a similar field prepares this document and attests to the merits of your claim. They will review your medical records and affirm that you have a valid reason for moving forward with your claim. You can’t order this document online. Our firm has a dependable list of medical professionals that we call on to provide this kind of support.
Nursing Home Abuse
A nursing home abuse claim is another instance of your trust being betrayed. In this case, harm could have fallen on the loved one that you put into the care of a nursing home facility. The two primary reasons for abuse to occur in a nursing home are understaffing or poor training. If you suspect that your loved one is being neglected or abused, you need to act immediately to stop the harm and hold the facility accountable.
A premises liability claim involves an injury-causing incident that occurred on someone else’s premises or property. This could be a place of business or a private residence. It can involve a slip-and-fall accident in a grocery store or an assault at a nightclub due to negligent security. A property owner or tenant owes a duty of care to anyone who enters the property to conduct business or as a guest. If a hazard hasn’t been repaired or warned about, the owner can be held liable for any injury that occurs because of the hazardous condition.
The common thread through all of these claims is a negligent action that caused harm. That is what needs to be established to prevail in your claim.
You have enough on your plate. Get a free case evaluation and clear answers from our experienced attorneys today — we’ll take it from here.
You should never admit fault at the scene of an accident, even if you recognize that you might share the blame.
Fault should be determined through a thorough investigation.
You might be partially to blame for a car accident. Fortunately, under Missouri’s pure comparative fault rule, you can recover compensation for an injury even if you are mostly to blame.
Your exact percentage of fault reduces your total financial award. For instance, if your total damages equal $100,000 and you are found 30% at fault, you could still collect $70,000. If you are 90% at fault, you could still collect 10%, or $10,000. You are not automatically blocked from recovering damages, even if you are 99% responsible for the accident.
That is helpful under some circumstances. However, it also opens the door for an insurance company to attempt to shift the blame for the accident onto you. If the evidence backs your claim, then the insurance company is out of luck. That is why you need a strong legal advocate to help you navigate the claim process.
Your attorney will also be in the best position to help you find the right evidence that can support your side of the story.
After a serious injury, you need to focus on healing and getting back to work. When your days are consumed by dealing with an insurance company, stress builds up and impacts your recovery. That is why you need an advocate on your side who can negotiate on your behalf. The attorneys at Thomas Law Offices can be that advocate.
When an insurance company gets involved in a claim, it will default to protecting its bottom line. Adjusters may question the severity of your injuries, dispute how an accident occurred, or make a settlement offer before the full extent of your losses is known.
An experienced Columbia personal injury lawyer can take over these communications and protect you from tactics designed to minimize your final settlement.
When our attorneys get involved, we will conduct our own independent investigation.
We’ll seek all the relevant evidence, such as police reports, medical records, and surveillance footage that will serve to support our client’s claim. Our experience has taught us that crucial evidence sometimes seems to “disappear.” That is why we need to act fast to preserve that evidence.
Having an attorney on your side is especially important when liability is disputed or multiple parties may share responsibility. Missouri’s comparative fault rules can directly affect the amount you ultimately recover, making it important to build evidence that accurately establishes each party’s role in causing the accident.
Thomas Law Offices brings more than 30 years of trial experience to representing injured clients and combines the resources of a multi-state firm with a local presence in Columbia.
If someone else’s negligence has left you injured and facing medical expenses, lost income, pain, or other losses, contact Thomas Law Offices to schedule a free case evaluation so you can share what happened and we can explain your legal options.
Don’t wait to get the answers you need to make the right decisions about your compensation.
On top of the physical pain associated with accident injuries, there are also medical expenses, emotional distress, and lost wages. If someone else’s negligence caused your injuries, you could be owed compensation.
That’s why it’s best to get in touch with a Columbia, MO personal injury lawyer. When you work with a skilled attorney, you can focus on healing while your lawyer determines the best course of legal action.
The sooner you get in touch with a lawyer, the better your chances are of receiving full and fair compensation. We understand some potential clients are hesitant when it comes to pursuing a claim, which is why we offer a free consultation to those who are curious about their legal options.
Our years of combined experience representing victims in multiple practice areas have led to a well-earned reputation in Columbia, Missouri. We know the type of aggressive representation that is needed to stand up against the insurance company, and we don’t back down until we secure compensation for the costs caused by a car accident or other incident.
If you believe you have a potential personal injury claim, contact us today to schedule your free consultation. We’ll discuss what you’ve been through and your legal options moving forward.
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Have You Been Injured? We're Ready to Fight for You.
