Being injured in an accident is a traumatic, devastating experience, but a personal injury lawyer at Birk Law Firm can help you get your life back on track. If your injury was due to someone else’s negligence or fault, we may be able to help you get compensation for your losses through insurance or a personal injury lawsuit.
Personal injury involves mental and physical injuries to a person caused by someone else’s negligence. After an accident, you have to deal with physical and emotional pain and trauma; financial losses from medical, hospital, and rehabilitative bills; the loss of income from being unable to work; and the possibility of property damage resulting from the accident. A successful Missouri personal injury lawsuit can alleviate your financial problems and allow you to concentrate on getting well.
If you or a loved one has been injured or someone has died due to personal injury in Missouri, contact the Birk Law Firm as soon as possible so we can start working to get you the settlement you deserve. Kelvin Birk is a Cape Girardeau personal injury attorney who has trial experience and is prepared to aggressively negotiate with all relevant parties and insurance companies on your behalf. We handle all aspects of your legal claim so you can focus on your recovery.
We offer a free, no-obligation consultation to discuss the facts of what happened. There are no fees to you until we win a settlement, so call us today at 573-332-8585.
Damages Our Personal Injury Attorney Can Win for You
Many of our clients want to know how much they can get in a settlement or in a victory at trial. There are several types of compensation available to our clients in a personal injury case. In a successful Missouri lawsuit, our Birk Law Firm personal injury lawyers can win actual (or compensatory) damages and punitive damages. Actual damages are for both your economic and noneconomic damages.
Economic Damages in a Personal Injury Case
These are for monetary expenses that have an actual dollar value related to your injury, such as:
- medical and rehabilitation bills
- lost wages and earnings
- property damage.
Non-economic damages cover damages that don’t have a specific monetary value, such as:
- pain and suffering
- loss of companionship or consortium
In some rare cases, punitive damages may also be awarded. These are intended to punish a defendant who acted in an especially reckless or egregious manner and to deter such behaviors in the future.
What Amount of Damage Awards Can You Expect in a Personal Injury Case?
The amount of damages awarded for personal injury can vary greatly, from thousands to millions of dollars, depending on factors that include:
- the circumstances of the accident
- the amount of property damage and the costs you incur
- the severity and permanence of your injuries
- the availability of insurance and assets of the defendants
- the individual judge and jury involved
- how well your attorney can negotiate a settlement or litigate your case.
In addition, Missouri has several laws that can affect your case, including:
Comparative negligence — if you are partially to blame for the accident, your award would be reduced by the proportion of fault you bear. However, you can still collect compensation that is in proportion to the defendant’s degree of fault.
Statute of limitations – This is a deadline or time limit on how long you have to file a lawsuit after an injury. You generally have five years after the accident to file for personal injury and three years after a death occurs to file for wrongful death, or the courts will not hear your case.
Cases Our Personal Injury Lawyer Handles
When you file a lawsuit for personal injury, you are attempting to collect financial compensation from the party that caused you harm. Personal injury lawsuits are civil cases, as opposed to criminal cases.
Birk Law Firm handles all types of personal injury cases, including:
- Car accidents
- Truck accidents
- Motorcycle collisions
- Slip-and-fall situations
- Premises liability actions
- Dog bites and dog attacks
- Product defects and product liability claims
- Brain injury.
No matter what the situation, we know how to build strong cases that take into account all of your expenses and damages, such as lost wages, medical bills and pain and suffering.
Personal Injury Lawyers Must Prove Negligence
To win your case, your Birk Law Firm personal injury lawyer must prove that another party, the defendant in the case, was negligent or at fault for causing the injuries you received. Proving negligence legally means showing the following elements:
- Duty: The defendant owed you a duty of care not to cause harm.
- Breach: The defendant breached this duty by actions or failure to act.
- Cause: The defendant’s breach caused your injuries.
- Damage: You suffered damages as a result.
Everyone has a duty of care to act responsibly to avoid harming others. Examples of breaching duty and causing harm include:
- A drunk driver ran a red light and crashed into your car.
- A surgeon left a sponge in your body that caused infection.
- Your car’s brakes failed, resulting in a crash.
How Our Personal Injury Lawyers in Missouri Work for You
When you contact Birk Law Firm, our personal injury attorneys start to work right away by:
- Investigating the accident scene and gathering evidence, such as surveillance videos, and police and medical reports
- Interviewing witnesses, police officers, and first responders
- Filing all paperwork in accordance with deadlines and court requirements
- Hiring experts to reconstruct the crash scene
- Negotiating with insurance companies and their attorneys, who will attempt to get you to settle for the lowest amount possible
- Taking your case to trial and advocating for you in front of a jury if necessary.
Birk Law Firm is a small firm, by choice, that is big on client services. When we sign on as your law firm, you can count on us for strong legal counsel, from negotiations to settlement to trial.
No matter what your legal need, we have the skill and experience to help you navigate it. If we can’t reach a fair settlement, we are always prepared to go to trial on your behalf. We provide personalized and compassionate service. We believe that each client’s matter is the most important matter in the world to them, and we strive to treat it that way.
Call our skilled personal injury lawyer in Cape Girardeau today for your free consultation at 573-332-8585.
“Mr. Birk was very professional in helping us with our legal matters, always pleasant and personable. He was very knowledgeable in every aspect of our needs. He kept us informed and that was greatly appreciated. I would definitely recommend Mr. Birk as an attorney to anyone who needs one!” – Sandy Lukefahr (Google Review)
ALL YOUR LEGAL NEEDS
Why Choose Birk Law?
Birk Law Firm is a small firm by choice that is big on client services. Attorney Kelvin Birk and his team are responsive to their clients’ needs. When we sign on as your law firm, you can count on us for strong legal counsel, from negotiations to settlement to trial.
Our clients benefit from the intertwining of Kelvin Birk’s legal and CPA background and experience. We provide well-rounded advice to solve both legal and financial issues and to come up with creative solutions. We use modern technology to deliver legal services in a more efficient and client-focused manner than was previously possible.
We provide personalized and compassionate service. We believe that each client’s matter is the most important matter in the world to them, and we strive to treat it that way.