FREQUENTLY ASKED QUESTIONS

Here are some subjects that we often discuss with persons who come to Larson Law after they have been injured:

• Why should I hire Larson Law?
  Remember that all attorneys are not equal, and your choice of an attorney can have a profound effect on your future, and your family's future. You want an attorney with the skills and the resources to successfully handle your case, maximizing your recovery. You deserve a lawyer with a proven track record of winning. Remember, if you are hiring an attorney based only upon a television commercial, a slick yellow-page advertisement, or a pathetic direct mail solicitation, you are making a huge mistake. Fancy marketing says nothing about the quality of an attorney. At Larson Law, we have years of actual courtroom and other essential experience in this area of the law. We are tough advocates and skilled negotiators, and we know how to build a winning case. Other lawyers know and respect us as opponents, judges appreciate the way we handle our cases, and more importantly to you, insurance companies know they are facing a tough opponent who cannot be pressured into a bad settlement. The right lawyer can make all the difference.
  
  
• What does this cost?
  The call is free. By calling Larson Law, and speaking with Kurt Larson, you are not obligated in any way. Not a dime. We will listen to you and help you determine whether there is a case, and if so, arrange a meeting with the attorney for you.
  
  Once you make the decision to retain an attorney for your case, the fee structure will be fully discussed and explained to you at that time. The fee arrangement will be put into writing for your approval prior to hiring the attorney.
  
  Cases involving personal injury and wrongful death are taken on a contingency fee basis. There is no charge for the attorney-client interview and a client has no obligation to pay attorneys' fees until we are successful in obtaining a recovery for you. Court costs and out-of-pocket expenses incurred by your attorney are advanced for you and are repaid from proceeds of the recovery. Every case is different and the attorney will fully explain the type of expenses anticipated to properly prosecute your case.
  
  
• Can a lawyer help me recover more than I could get on my own?
  We have proven over and over again that a client can obtain a greater amount of compensation through good legal representation than what is offered by going it alone. We believe that in the end you keep more dollars with a lawyer, even after attorney fees and expenses are deducted, than you obtain on your own without a lawyer. Until you retain a trial lawyer, the insurance company is unlikely to offer fair compensation because the #1 mission of the insurance company is to hold onto their money, and they know that without a lawyer, you are no threat. In other words, you have no leverage.
  
  
• Should I call those attorneys who send me letters in the mail?
  Attorneys who resort to direct mail solicitation are typically so desperate to get a case that they actually employ someone to obtaining accident reports prepared by law enforcement officials. Then, these attorneys seek out those persons listed on the reports, in the hope of getting hired. DO NOT RESPOND TO THESE INDIVIDUALS. At Larson Law, we believe this kind of direct solicitation is pathetic, and it is usually the most incompetent attorneys who are using this means of communication with the public to take advantage of the victims of negligence. Do yourself a favor, contact a real trial attorney who developed a good reputation with a proven track record of protecting their clients by winning in the courtroom. That's our mission at Larson Law.
  
  
• Should I hire the attorneys with the lowest contingency fee?
  Don't be misled by the attorneys in the phone book or on TV who offer you a "reduced fee". Advertising a "reduced fee" is a method of getting people to hire them because their reputation is not enough. They are discount attorneys, and the insurance companies know it. Sadly, you'll get exactly what you pay for - a reduced fee, and a reduced recovery. Instead, hire an attorney based upon their reputation for winning in the courtroom - the true measure of a successful trial attorney. Chances are the recovery you obtain will far outweigh that of the discount attorneys.
  
  
• What amount of money is "fair compensation"?
  In our experience, most people simply want fair compensation for their injuries from an auto accident. They are not trying to get rich, or get something for nothing. However, what is “fair compensation”?
  
  There is no formula for determining the amount of compensation you recover. A variety of factors are considered. These factors include the quality of lawyer you hire, the severity of the accident, severity of injuries, impact of the injuries on the victim's employment and day-to-day life, and extent of medical care, just to name a few. Aggravating factors such as the negligent driver's drunk driving can both hasten settlement and affect the settlement amount.
  
  Fair compensation certainly includes more than just reimbursement for your medical expenses. Under Missouri law, a personal injury victim may recover compensation for -
   
  • Physical pain and suffering,
  • Medical expenses already incurred,
  • Medical expenses to be incurred in the future,
  • Lost wages,
  • Loss of earning capacity,
  • Loss of quality of life,
  • Loss of household contributions,
  • Disfigurement,
  • Mental or emotional suffering,
  • Physical impairment,
  • Property damage, and
  • Other losses.

  In some cases, the injured person's family members may be entitled to compensation, depending on the severity of the injuries and their dependence on the injured person.
   

• What if my medical bills are already paid by my own insurance?
  You are entitled to compensation for medical expenses even if those expenses already have been paid by a health insurance plan. The same is true for lost wages, regardless of whether you take sick days or receive worker's compensation benefits.
  
  This may sound strange at first glance, but the law does not consider this a double recovery. First, under a principle known as “subrogation” your health insurance plan (based on the plan documents) and your company's workers' compensation carrier (under Missouri law) may be entitled to reimbursement from your recovery for what they pay out. Therefore, you need maximum recovery from auto insurance in the event your health insurer or workers' comp carrier makes a subrogation claim against your recovery.
  
  Second, if the at-fault driver's insurance company reduces your injury compensation simply because you have paid for health insurance, or paid extra auto insurance premiums for medical payments coverage (see below), or have accumulated sick days or paid vacation, the adverse insurer is taking unfair advantage of the fact that you are a responsible person and diligent worker. If you use up your sick days because of injuries from the auto accident, those days will not be available for other types of health problems. If you sacrifice to obtain extra insurance, the at-fault driver's insurer should not get the advantage of your sacrifice.
   
• What are Uninsured/Underinsured Motorist Benefits?
  If you were in an auto accident due to the negligence of another driver, you typically will seek compensation from the negligent driver's insurer based on his insurance policy.
  
  However, if the driver was uninsured, and if you have “uninsured/underinsured motorist coverage” (“UM coverage”) through your own insurance policy or the policy covering the vehicle in which you were riding, then an uninsured motorist claim will be made to your insurer.
  
  Similarly, if the at-fault driver carried liability insurance but the amount of the policy limits is insufficient to fully compensate your claim, and if you have UM coverage, then two claims ultimately will be made: one to the other driver's insurer and an “underinsured motorist claim” to your insurer.
   
• What is Medical Payments Coverage, or “Med-Pay” Benefits?
  Many Missouri auto policies include a form of medical coverage called medical payments coverage, or commonly referred to as “med-pay”. Med-pay coverage pays medical expenses up to the amount of the coverage for each person in the med-pay insured vehicle, regardless of fault. These limits are usually in amounts of $1,000, $2,500, $5,000, or $10,000. Med-pay benefits do not have to be repaid if the negligent driver's insurance pays damages. While some less reputable attorneys charge a fee for collection med-pay benefits, Larson Law handles the collection of med-pay benefits for free, as a courtesy to our clients.
   
• How do I fix or replace my vehicle?
  Usually, we allow our clients to settle their own property damage (PD) claim with the appropriate insurer. On occasion, the faulty driver's insurer refuses to pay for property damage, and we take over the claim at no charge to the client.
  
  Unfortunately, PD claim adjustment on most autos is fairly rigid, based on computer-generated values, and most people are not satisfied with the amount of the PD settlement. There are ways, however, to make sure you get as good a settlement as reasonably possible.
  
  First, get several quotes from reputable body shops and mechanics for the repair of your car. try to find out which shops the insurer respects because they've done business before. At least one quote should be from a dealer. If you car is totaled, evaluate the fair market value of your car through several sources. Online sources include Edmunds New and Used Car Guide and Kelly Blue Book, and the source used by most insurers is the NADA Guides.
  
  Next, choose whether to attempt the PD settlement with your own insurance company or with the negligent driver's insurer. It usually is better to begin with the negligent driver's insurer so that you avoid the discount for your deductible (although you might receive your deductible back after your own insurer subrogates against the faulty driver's insurer). If the adverse driver's insurer will not settle with you, or the settlement offer is unreasonable, you can contact your own insurance company to see what they would do.
  
  Don't forget to include amounts for tax, title, and license fees you paid when you purchased your vehicle as part of your PD claim. Also include the reasonable value of any accommodations you had to make while your car was in the shop, such as your rental car expenses.
  
  Finally, do not sign anything concerning the PD settlement without showing it to your lawyer! You do not want to jeopardize your injury claim by unknowingly settling it with the PD claim.