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  • How Do I Calculate the Car Accident Compensation I Will Receive in Missouri?

    How Do I Calculate the Car Accident Compensation I Will Receive in Missouri?

    Receiving Compensation from a Car Accident in Missouri

    One of the primary issues in the case of pursuing car accident compensation is figuring out the exact amount for which you want to ask. Physical damages, emotional suffering, and medical bills you incur for your injuries are all things for which you can seek compensation.

    It is essential to get the amount you deserve. Let’s take a look at a few things that you’ll have to know when determining the amount you should receive.

    How long has it been since the car accident?

    It is quite confusing to determine how much your compensation should be when you are planning to make an injury claim after being in a car accident. Insurance companies have multiple methods that they employ when they want to calculate a personal injury claim.

    These claims generally include everything from medical bills to lost wages. Furthermore, it also includes some money for the injury caused. Often, this compensation is called “pain and suffering.” This article discusses how you can determine the value of a car accident.

    Two commonly-used methods: the multiplier method and the per diem method.

    Compensation for serious car accidents:

    In the case of more severe accidents, the multiplier can even be a 4. However, in the case of a fender bender, however, the multiplier is usually a 1 or 2. The multiplier also depends on the situation.

    For example, if the driver were intoxicated while he or she was behind the wheel, then the value of the multiplier would be higher. Similarly, if your actions caused the accident, then the multiplier would be much lower.

    Using the Multiplier Method to Calculate Car Accident Compensation

    The multiplier method (or Legrange Method) is a frequently used method that calculates the amount of “pain and suffering” you incur by multiplying the actual damages – that is, the medical bills and the lost wages – with a specific value. Most lawyers use three as the multiplier so that the value comes up to be a reasonable amount.

    Say, for instance, your medical bills after an accident totaled $5,000 and the wages that you lost were $1,000. The total actual damage is, therefore, $6,000. Once multiplied by 3, that value becomes $18,000, which would be your total compensation.

    Recently, however, most of the insurance companies try to negotiate when using three as a multiplier for the payment. They use sophisticated software programs and algorithms to arrive at the correct multiplier, given your situation.

    Many factors help determine the multiplier value, including the time it takes for you to recover, the seriousness of the injury or injuries, and whether you develop any aggravating conditions after the accident.

    Therefore, if you fractured your femur bone during the crash, for instance, and will have to get multiple surgeries before settling in for quite a few weeks of recovery, you should expect to be compensated for a lot more than you would have had you been involved in a simple fender bender.

    When using the multiplier method to calculate car accident compensation, it is important you consider:

    When you are making a car accident claim, make sure that you only claim for the more severe injuries. Insurance companies do not want to pay for unnecessary medical treatment. They would be reluctant to pay for the four or five months of physical therapy for a minor injury.

    Pain and suffering compensation does not take into account any medical bills that are redundant and are not related to the significant injuries sustained from the accidents. Presenting too many medical bills may eventually backfire as they may go unpaid because of insufficient compensation.

    Related: What Types of Damages Can I Claim After a Car Accident?

    Using The Per Diem Method to Estimate your Car Accident Settlement

    The Per Diem (or the daily rate) method takes into account the number of days you are suffering from your injuries. A particular value is assigned for each day, and you will receive that amount for each day unless you are alright and able to resume your daily activities.

    Let’s take the previous example where you had $5,000 of medical bills, plus a lost income of $1,000. That is a total of $6,000. Now, the value assigned for each day by the insurance company is $200.

    If you took three months or 90 days to recover and resume your work, then you will get 90 times $200 or $18,000.

    Getting a final amount of your car accident compensation

    The best way to get a final value is to use the multiplier method and the daily rate method to get an estimate. However, you may have to adjust your expectations based on a bunch of factors.

    These factors include the severity of your injuries, whether other people were also injured, if the injuries sustained will have permanent effects or not, whether you were out of work, or you were laid off for not being able to work, and if you are convinced that you will make a reliable witness on your behalf.

    Taking into account all of these, you will have to claim a reasonable amount. For instance, the multiplier method says you should claim $18,000, and the daily rate method says you should claim $30,000, then you can settle for approximately, $24,000.

    If you have an injury whose effect will last a lifetime, then you can add more to that amount. On the other hand, if you have merely sprained your wrist and a part of it was your fault, then you have to subtract from $24,000.

    Our Comprehensive Approach to Settlement Calculation

    While the multiplier and per diem methods provide a starting point, our legal team goes beyond basic formulas. We:

    • Conduct thorough investigations with our skilled team of investigators who examine every detail of your accident scene
    • Work with medical experts to fully document your injuries and project future medical costs
    • Consult with financial analysts to accurately calculate lost earning capacity and long-term economic impact
    • Counter lowball offers from insurance companies using sophisticated valuation strategies
    • Leverage our courtroom experience to negotiate from a position of strength

    Additional factors we consider when calculating car accident compensation

    When evaluating your car accident settlement, our attorneys examine factors that go beyond standard formulas:

    • Future medical needs and the cost of long-term treatment or rehabilitation
    • Impact on your career and future earning potential
    • Permanent disabilities or disfigurement resulting from the accident
    • Emotional trauma and psychological impact on your quality of life
    • Loss of consortium affecting your family relationships
    • Aggravating factors such as drunk driving or reckless behavior by the at-fault party
    • Punitive damages when appropriate for egregious conduct

    Frequently Asked Questions About Car Accident Settlements

    How long do I have to file a car accident claim in Missouri?

    In Missouri, you generally have five years from the date of the accident to file a personal injury lawsuit. However, it’s crucial to act quickly because:

    • Evidence can disappear or deteriorate over time
    • Witnesses’ memories fade
    • Insurance companies may be less cooperative as time passes
    • You need to preserve your legal options

    We recommend contacting an attorney as soon as possible after your accident to protect your rights.

    What if I was partially at fault for the accident?

    Missouri follows a “pure comparative fault” rule, which means you can still recover compensation even if you were partially responsible for the accident. However, your settlement will be reduced by your percentage of fault.

    For example, if your total damages are $30,000 and you’re found to be 20% at fault, you would receive $24,000 ($30,000 minus 20%). This makes it critical to have experienced legal representation to minimize your assigned fault percentage.

    How much is my car accident case worth?

    The value of your case depends on multiple factors including:

    • The severity and permanence of your injuries
    • Your total medical expenses (past and future)
    • Lost wages and diminished earning capacity
    • Pain and suffering
    • Property damage
    • Whether the other driver’s conduct was particularly egregious

    While online calculators can provide rough estimates, every case is unique. Schedule a free consultation with Ortwerth Law for an accurate assessment based on your specific circumstances.

    Should I accept the first settlement offer from the insurance company?

    Almost never. Insurance companies routinely make lowball initial offers hoping you’ll accept before understanding the full extent of your damages. These first offers typically don’t account for future medical expenses, undervalue pain and suffering, ignore long-term impacts on your life and career, are calculated to save the insurance company money, not compensate you fairly

    Before accepting any settlement offer, consult with an experienced car accident attorney who can evaluate whether the offer is fair.

    What if my medical bills exceed the at-fault driver’s insurance policy limits?

    If your damages exceed the at-fault driver’s policy limits, we explore other sources of compensation including:

    • Your own underinsured motorist (UIM) coverage
    • Additional liable parties (such as employers in commercial vehicle accidents)
    • Your health insurance and negotiating liens
    • Personal assets of the at-fault driver in cases of extreme negligence

    This is one reason why it’s essential to have an attorney who can identify all potential sources of recovery.

    How long does it take to receive a car accident settlement?

    The timeline varies significantly depending on things like the complexity of your case, the severity of your injuries, whether liability is disputed, the insurance company’s cooperation, or whether litigation becomes necessary.

    Simple cases with clear liability and minor injuries may settle in a few months. Complex cases involving serious injuries can take 1-2 years or longer. We never rush to settle until you’ve reached maximum medical improvement and we fully understand the extent of your damages.

    What damages can I recover in a Missouri car accident claim?

    Missouri law allows you to recover both economic and non-economic damages:

    Economic Damages:

    • Medical expenses (emergency care, hospitalization, surgery, medication)
    • Future medical costs
    • Lost wages and income
    • Lost earning capacity
    • Property damage (vehicle repair or replacement)
    • Rehabilitation and therapy costs

    Non-Economic Damages:

    • Pain and suffering
    • Emotional distress
    • Loss of enjoyment of life
    • Disfigurement or scarring
    • Loss of consortium (impact on your relationships)

    In cases involving gross negligence or intentional harm, punitive damages may also be available to punish the at-fault party.

    Do I really need a lawyer for my car accident claim?

    While you’re not legally required to hire an attorney, statistics show that accident victims who are represented by lawyers receive significantly higher settlements than those who negotiate on their own. A local car accident attorney has experience speaking with car insurance providers and an understanding as to how they think and when they are trying to minimize your compensation.

    They also will know when it is time to take your case to court if necessary. At Ortwerth Law, we offer free consultations so you can understand your options with no financial risk.

    Speak with a car accident attorney

    Whether you need help calculating the car accident compensation you are owed or want to start the process of filing a claim, the St. Louis injury attorneys at Ortwerth Law are here to help. We help the people of St. Louis, Missouri get the compensation they deserve for these like injuries, property damage, and payment for lost wages after their automobile accident.

    We have experience going up against some of the biggest insurance companies in the United States and we also have advanced capabilities when it comes to handling truck accident lawsuits in St. Louis, Missouri.

    It all starts with calculating the approximate amount that you’re due. After you have a rough idea of how much you want to ask for, get a start on drafting that demand letter with the help of your personal injury attorney.

    Craig Ortwerth has more than 20 years of experience representing victims of car accidents. We strive to create a stress-free environment where you can discuss your personal injury case and your needs.

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    tim schmid
    20:27 26 Jun 24
    If you need legal representation, Ortwerth LLC is who I recommend. Communication, compassion and professionalism...
    Renee Mahn
    21:55 06 Sep 23
    5 Stars Outstanding!I was always contacted and informed regarding my case. I did not have to go out of my way for anything. The process was very easy for me.Thank you
    Katlyne Thies
    12:14 20 Sep 20
    I’m so grateful that Craig Ortwerth and his office took on my car accident case. Craig was so easy to work with and he quickly replied back to any questions or concerns I had and explained every step to me. I felt such relief knowing I was in good hands and I didn’t have to worry about dealing with the insurance company so I could focus on healing from my accident.
    Christie Hess
    04:56 06 Jun 19
    Having Craig work on my case from beginning to end was the best decision I'd ever made! My case went on for 3 1/2 years and during that time i never had to worry about "bothering him or his staff with questions, or their patience in explaining what was going on or what I needed to do. They kept me and everyone involved informed and things went along smoothly! I hope to never have a case like this again, but if I do, there is absolutely NO doubt in my mind as to where I'd go and who I'd have to handle my case!!I highly recommend anyone to at least sit down for a consult. YOU WILL NOT BE DISAPPOINTED!! Great Job Craig (& Marcie!!)
    Monica Crenshaw
    21:12 03 Jun 19
    Craig was great and did a fantastic job for me. He is very professional and knew how to do his job. Craig is a very friendly, compassionate and understanding person. He answered all my questions and called to see how I was doing. I would recommend Craig to everyone. In my book he is an outstanding attorney.
    D SC
    23:43 26 Nov 18
    Brian McChesney is the BEST divorce lawyer I have ever experienced or come across. He goes out of his way to help, and has the best suggestive advice. I appreciate his integrity, valor, and honesty. I cant even begin to express my gratitude and thankfulness! Wonderful guy!-Laura
    Michael Russell
    02:50 24 Jul 18
    Craig was AWESOME to work with!! If I had a question he had no problem taking my call or returning a call if he was busy. I literally did nothing except sign papers. He did everything for me and made the process of my workmans composition settlement stress free!!! Give Craig a call, I believe he will make you a very happy client like me!!