Cape Girardeau
Car Accident Lawyer
If you or a loved one was recently in a car accident in Southeast Missouri, look for a law firm that will fight your case in court, if necessary.
Unlike many law firms that shy away from litigation when a settlement offer is made, the experienced and knowledgeable lawyers at Cook, Barkett, Ponder, & Wolz are happy to go the extra mile in handling your car accident case. Our litigation experience and reputation can get the other side to agree to a reasonable settlement. They know that if they don’t, we will represent you in court.
Our Cape Girardeau car accident lawyers obtain wide-ranging settlements and verdicts that cover the losses of our clients.
The below case results show our dedication to excellence, but keep in mind they are not promises of future case results:
- $1.8 million car accident wrongful death claim settlement
- $1.7 million verdict in a car accident claim
- $1.25 million settlement for a car accident victim
- $600,000 settlement for an injured car accident victim
We handle all types of cases with the same determination, no matter the case value. No case is too serious for us to evaluate, so please reach out to our SEMO car accident attorneys as soon as possible.
Over and over, we have seen the catastrophic impact those situations have on the lives of our clients and their families. That impact is what makes us so dedicated to this field of work.
Our Cape Girardeau personal injury lawyers have decades of experience working with clients affected by:
- Automobile Crashes
- Big Truck Collisions
- Motorcycle Crashes
- Train and Railroad Accidents
Car Accident Risks in Southeast Missouri
Drivers are always at risk of accidents, and the area surrounding Cape Girardeau, Poplar Bluff, Sikeston, and Scott City has unique risks.
Some of these include:
- Collisions with commercial trucks or speeding drivers on I-55 or I-57
- Crashes in the Central Junction intersection
- Parking garage or lot accidents, such as at West Park Mall
No matter where you are in the Cape area, you can find your day completely disrupted by a collision and injuries. You want help from a SEMO car accident lawyer who understands the risks and can help evaluate your rights.
What to Do If You’re in an Auto Accident
If you feel anything out of the ordinary, you should get a medical evaluation. This is true even if you cannot see any injuries, as you might have internal injuries, including soft tissue damage or a brain injury. Medical care ensures that you begin treatment as soon as possible, as well as documents the injuries you sustained in the crash for claim purposes.
Next, reach out for legal help from a SEMO car accident attorney. While hiring an attorney might seem stressful in an already difficult time, hiring a lawyer from the start will reduce the stress you feel. We can begin seeking compensation as quickly as possible and handle every step of your case.
What Not to Do If You’re in a Car Accident
There are also some things you should never do after an accident.
Some of these are:
- Don’t apologize—to anyone for anything, as others might interpret it as an admission of guilt.
- Don’t give a recorded statement to any insurance company—you don’t want to be bound to whatever you say in that statement without consulting an attorney first, and it is too easy to say something that jeopardizes your claim.
- Don’t accept the first settlement offer—insurance company lawyers and adjusters are well known for presenting lowball first offers in hopes that your need for money and emotional stress will lead you to accept.
- Don’t talk about your accident on social media – insurance companies have investigators who might access your profiles and use the information they find to challenge your claim.
Any one of these can be used against you in settlement negotiations and, even worse, in court. Protecting yourself from these kinds of mistakes is one of the primary reasons for consulting an attorney very soon after your accident. Once you retain a lawyer, only that lawyer will speak with the lawyers on the other side.
Common Causes of Car Accidents in Southeast Missouri
Many factors might contribute to an automobile accident, but generally, car accidents result from one or more drivers’ careless or reckless behavior. The National Highway Traffic Safety Administration lists the following as common causes:
- Distracted driving has become the fastest-growing cause of accidents. It includes texting, using a hand-held device, eating, applying makeup, and using directional or entertainment devices. Reading a text takes your eyes off the road for approximately five seconds, which is plenty of time to hit another vehicle or pedestrian.
- Speeding or driving too fast for conditions, including weather, construction, and traffic
- Driving while intoxicated (DWI) by drugs or alcohol
- Fatigue can be as dangerous as drugs or alcohol
- Aggressive driving and road rage
Missouri law requires that all drivers carry auto insurance. Since Missouri is a fault-based insurance state, the insurance company of a driver who engaged in any of the above actions should cover the losses of any accident victims.
You must take action to seek the compensation you deserve, however, and our legal team can help with the insurance claim process. If a driver does not have insurance, you might need to file a claim with your uninsured motorist coverage, and you should still have the assistance of an attorney for this claim.
Typical Injuries in Car Accidents
You should always obtain medical care after a car accident. Many injuries sustained in a vehicle accident do not present as serious initially but may still cause serious and lasting harm. What you think of as a slight headache may be a not-so-minor concussion. Be sure to consult a healthcare professional and follow whatever treatment protocol you receive.
Typical injuries in car accidents include:
- Head injuries and concussions, with the potential for traumatic brain injuries potentially causing loss of cognitive and motor function. Even seemingly mild brain trauma can result in potentially fatal complications, as the term “mild” relates only to the initial symptoms and not to your overall prognosis. Traumatic brain injuries that medical professionals may deem mild can still be severe injuries resulting in serious and lasting effects and complications. If the healthcare professional diagnoses you with any type of TBI, you should remain on the watch for any symptoms of complications or lingering effects.
- Neck and spinal cord injuries, which can result in loss of motor function and paralysis; even whiplash can result in long-term pain
- Dislocated shoulders, hips, pelvis, and knees
- Sprains, strains, and tears in muscles and tendon
- Severe cuts, abrasions, and lacerations, including amputations
- Severe burns causing scarring or disfigurement
- Bruised or broken bones, particularly leg, pelvis, rib, and shoulder fractures
Whatever your medical symptoms (or lack of symptoms) after an accident, you should always seek medical care. The healthcare professionals will see more than you do and will recognize injuries that may be more serious than they seem on first impression. Once you have seen a physician, be sure to complete whatever care the doctor prescribes. The other side’s attorneys can minimize your injuries if you fail to do so.
Typical Damages in a Car Accident Case
There are potentially three kinds of damages that you may be able to recover in a car accident settlement or award. These are economic damages, non-economic damages, and punitive damages. Punitive damages punish the at-fault party and are paid to the injured party on top of compensatory damages. Courts rarely award them.
Some states cap damages in personal injury cases. Missouri only caps non-economic damages in medical malpractice claims or personal injury claims against certain governmental entities.
Economic Damages
Economic damages are those damages that represent an easily verifiable out-of-pocket loss or actual expenditure by you.
They include:
- Hospital and medical expenses
- Loss of earnings or wages
- Loss of business opportunity
- Rehabilitation Expenses
- Drugs and medical supplies
- Property damage or loss of property
- Rehab or assistive staff wages
Non-Economic Damages
Non-economic damages are more subjective and more difficult to prove than economic damages.
Among these non-monetary losses are:
- Pain and suffering
- Loss of earning capacity
- Emotional distress
- Loss of society and companionship
- Loss of consortium
- Loss of enjoyment of life
Punitive Damages
As noted above, punitive damages, as the name implies, are imposed to punish the defendant and deter others from the same conduct. To recover punitive damages, the plaintiff must receive more than nominal damages in the case at issue.
If more than nominal damages are awarded, then plaintiffs can receive punitive damages only where they prove by clear and convincing evidence—a higher standard than applies in the injury case itself—that the harm resulted from the defendant’s actual malice. In other words, the plaintiff must show that the “defendant intentionally harmed the plaintiff without just cause or acted with deliberate and flagrant disregard for the safety of others.”
Southeast Missouri Car Accident FAQs
Below are some examples of questions our clients and potential clients ask. If you have questions about your specific case, please reach out to our office directly as soon as possible.
Who are Potential Defendants in Car Accident Lawsuits?
If one or more of the vehicles is a commercial vehicle or, for example, a ride-share vehicle, you may be able to seek compensation from the business owner or ride-share company. Experienced car accident attorneys will be aware of the potential defendants and will begin evaluating and building your case against each of them as soon as you retain them.
How Does a Car Accident Case Work?
To recover compensation for the injuries you suffered in your car accident, you will have to allege and prove that one or more other parties involved in the accident were negligent.
Negligence is the legal term for carelessness or recklessness, and to prove it you must show:
- The defendant owed you a duty—generally, all drivers owe everyone else on the road a duty to drive carefully.
- The defendant breached that duty—some part of the defendant’s conduct was careless or reckless; the defendant may have violated a rule of the road, ignored a sign or signal, or engaged in similar careless conduct.
- The defendant’s breach was the proximate cause of your injury—proximate cause means your injury was the natural or probable consequence of the defendant’s careless act.
- The defendant’s breach resulted in actual damages to you—to cover any damages, you must have suffered some actual damage, whether economic or non-economic.
What if My Car Accident Also Involved a Commercial Truck?
If you were involved in a car accident with a tractor-trailer or a multivehicle crash that included a commercial truck, different laws and insurance policies may come into play. Commercial truck accidents can be especially dangerous due to the size and weight of the truck, often resulting in severe injuries and complex legal claims that require the knowledge and skill of an experienced personal injury to resolve successfully.
Can I Afford an Attorney?
Most personal injury lawyers handle cases on a contingency fee basis.
This contingent nature of your fee means that, according to the written contingency agreement you enter into with the lawyer, you will not pay any attorney’s fee unless and until the attorney successfully concludes your case.
Most agreements establish the share of your settlement that will represent your fees; that share may change depending on the stage in the litigation at which it ends in your favor. Expenses like witness fees, filing fees, copying, etc., are usually addressed in the fee agreement.
Contact Our Cape Girardeau Car Accident Lawyers Today
If you need a vehicle accident lawyer in Southeast Missouri, contact the firm of Cook, Barkett Ponder & Wolz today or call us at 573-410-7948 for an initial consultation and no-cost case evaluation.
As a firm, we have decades of experience handling car accident cases. Let us bring this skill and knowledge to bear on your case, whether it requires negotiating a settlement or going to court. We will work to obtain the best possible recovery available for you.
Cape Girardeau Office
1610 N. Kingshighway,Suite 201
Cape Girardeau, MO 63701
Phone: (573) 335-6651
