How much is my car accident case worth?

If you’ve been involved in a car accident, especially a serious one, money will initially be one of your least concerns. Dealing with injuries and arranging to repair your vehicle will usually take priority.

There are also other practical concerns that usually take priority. For example, you may need to call your boss or arrange to have someone else pick up the kids from school while you go to the hospital.

However, after the initial panic wears off, you may find yourself focused on the ongoing issues that inevitably arise. If you were injured in the accident, you may be surprised when large bills from hospitals, health care providers and ambulance services begin to arrive in the mail.

In addition, you may have needed to take several weeks off of work to recover and are feeling the effects of that lost income. Extreme injuries, like brain and spinal cord injuries, might mean a complete change in profession or a permanent inability to work.

There’s also the cost to repair your vehicle or buy an entirely new vehicle if the insurance company declares yours a total loss. As all of these issues begin to arise you may find yourself asking “how do you know what your car crash claim is really worth?” 

Bills are an excellent starting point

Invoices and bills will start piling up right after a crash.

From the ambulance ride to the hospital to the tow truck that took your totaled vehicle to the junkyard, there will be major expenses associated with every service you require. Those bills are a good way to keep track of the costs you have incurred so far because of the crash.

It is a good idea to keep records of these costs, even the ones that were paid by your insurance company.

Look at the income consequences, too

If you suffered a severe injury, your current medical bills and vehicle repair costs won’t be your only expenses.

If you were unable to work because of your injuries, that loss in income factors in as well.

In some cases, you may be unable to work again or may need to move into a new profession with lower income and fewer employment benefits. Figuring out what wages you have lost is crucial for those with lasting medical consequences from a car crash.

Think about future expenses before you agree to a settlement

One of the sneaky ways that car insurance companies limit their financial responsibility is by offering people settlements that are less than what that person needs and less than what the policy could pay. Aggressive negotiation is often necessary when dealing with an insurance company offering a settlement.

Having a realistic idea of what a car crash will cost you will put you in a good place to initiate negotiations.

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How are my medical bills going to get paid after a crash?

A Missouri car crash may not just disrupt your day, it could change your life. The injuries that you suffer could put you in the hospital or even force you to change careers. Someone with multiple broken bones, a brain injury or a spinal cord injury may feel worried about how they will pay their medical bills, especially if they will be out of work or if they don’t have their own health insurance coverage.

You weren’t at fault for the crash, but you can tell it will have a big impact on your life. How will you pay for the injuries suffered in a crash caused by another driver?

You can make a claim against their insurance coverage

Every driver in Missouri has to carry liability insurance coverage. The other driver should typically have at least $25,000 worth of medical coverage to pay your costs if they are at fault for the accident. If a collision leaves two or more people hurt, the available coverage doubles to $50,000.

These amounts might not be enough money to pay for your medical bills. For example, if a person is injured in an auto accident and spends two-weeks in the hospital or has surgery followed by physical therapy might find that their medical bills far exceed the at-fault driver’s insurance policy limits. What can you do if the other driver’s insurance coverage leaves you with unpaid expenses?

You have coverage that helps you pay those bills

Missouri requires more insurance than several other states because it mandates uninsured and underinsured motorist coverage. These rules apply to residents of the state of Missouri. A non-resident driver must maintain insurance coverage that conforms to their state’s requirements.

Uninsured motorist coverage pays for damages arising from bodily injury to you and your resident family members when another driver is legally responsible for the auto accident and does not have bodily injury liability coverage. According to a 2017 study conducted by the Insurance Research Council, as many as 1 in 8 drivers are uninsured so it is important to carry this type of coverage on your policy.

Underinsured motorist coverage applies when you’re in an accident and the at-fault driver’s liability limits are too low to cover the medical expenses of a party who was injured in the accident like in the example listed above. Underinsured motorist coverage pays for damages arising from bodily injury to you and your resident family members when another driver is legally responsible for the auto accident and does not have enough liability coverage to cover your bodily injury loss.

You may be able to take them to court

Missouri law does allow those hurt by others through negligence or misconduct to file civil lawsuits to recover their losses. If you have thousands of dollars in missed income or medical bills that insurance won’t cover, taking the other driver to court could help you cover those expenses.

Understanding what happens after a crash caused by a driver who doesn’t have enough insurance and help you avoid lasting financial losses from a collision.

The Costs of a DWI

***Note- While this article was written in advance of new years eve, the cost estimates remain the same.  

In the St. Louis area and throughout Missouri this weekend many people will be attending New Year’s Eve parties and enjoying the company of others and quite possibly some alcoholic beverages. One thing to keep in mind over the holiday weekend, and throughout the New Year, is the cost of drinking and driving.

Putting aside the overall dangers of drinking and driving I wanted to provide a glimpse into just the financial costs of getting a typical first time DWI in the State of Missouri. Looking at just the costs of receiving a ticket for a DWI, one can easily see that the alternatives are much cheaper. Small disclaimer: all figure are approximations, every case is different, and no DWI case is actually “typical”. So take the numbers with a grain of salt and look at the bigger picture.

Typical Costs for a First Time DWI

Fines: up to $500
In Missouri your typical first time DWI is considered a Class B Misdemeanor, which carries with it a punishment of up to $1000 in fines, as well as up to 6 months in jail. However, an attorney may be able to negotiate an alternative disposition where a first time offender is able to avoid a conviction and jail time and instead be placed on probation. Keep in mind that if you are placed on probation for a DWI in Missouri you will likely be required to pay fees to the supervising probation agency. See more information on this below.

Court Costs: $100 or more

As with every court case, from simple speeding tickets to more complicated felony criminal charges, there will be court costs associated with the case that must be paid at the conclusion of your court case.

Probation Fees: $600

Typically courts will require a first time DWI offender to be placed on probation for a period of 2 years. These individuals are normally supervised by a private probation company in the St. Louis area and thus, it is up to the individual to pay for such fees associated with the private probation office’s supervision.

SATOP: $505 – $1381

SATOP, or Substance Abuse Traffic Offender’s Program, is typically a required condition of probation ordered by the court. In addition the Department of Revenue also requires DWI offenders to complete the program in order to reinstate your driving privileges following a license suspension relating to DWI. There are multiple levels of the SATOP program, the cost of which vary based upon the level of which you are required to complete. Keep in mind that the assessment fee itself is currently $375.

VIP: $45

A VIP program, or Victims Impact Panel, is also a typical requirement of probation.

Misc. Costs for the Criminal case:

Other costs associated with a DWI could include a SCRAM device (an alcohol-monitoring device typically worn on your ankle) required by the court during Probation which costs approximately $12 a day to use. The court may also require an individual to install an Ignition Interlock Device on his or her vehicle which can cost around $75 a month to use. In some cases, an individual arrested for driving under the influence or while impaired may also be required to pay a bond to get released from jail after being arrested. An individual’s car may also be towed adding storage and recovery fees to the costs of a DWI. Some individuals may also be ordered to do community service by the court which may take away time from work.

Misc. Costs Non-Criminal:

In addition to the criminal costs of a DWI, there are intangible costs which will impact an individual including:

  • Lost wages due to court dates or jail time
  • Insurance premiums increased- SR-22 insurance is commonly required in Missouri if your license was suspended because of a DWI arrest
  • Suspension of license, from 90 days to a year
  • Cost of seeking transportation if license is suspended

Attorney Fees: from $1000 and up

Of course, we can’t forget about the Attorney Fees. A DWI is a serious and complicated charge. This is not a type of case that one would want to handle on their own. It is important that someone charged with a DWI seek the help of a qualified and experienced St. Charles DWI Attorney . Of course, attorneys do not work for free, so this is another cost to be factored into the cost of a DWI. For more information about our DWI law firm, click here.

TOTAL COSTS:

Looking at just some of the costs, including a small fine, probation, Level 1 of SATOP and the low end of the attorney fees, an individual is looking at costs of at least $2500. This is for a first time offense, no accident and no additional tickets being issued. Most first time DWI’s will cost than this. Meaning, that $8 martini you have to top off the night might end up costing a lot more in the long run.

The Alternatives

Does this mean you can’t have fun on New Year’s Eve? Of course not! There are a variety of alternatives that will end up costing a lot less than receiving a DWI from your local law enforcement.

Taxi or Transportation Services: Extreme case:

“Taking a Cab” is probably the most widely used alternative to driving while intoxicated. Typical taxi fares can run between $10-$40 depending on the length of the ride and number of passengers, much cheaper than the $2500 costs of a DWI.

But let’s look at the extreme case: According to Google Maps, the distance to drive from the St. Louis Arch all the way out to Troy, Missouri in Lincoln County is close to 60 miles. Looking at some typical fares and rates around the St. Louis area, this 60 mile trip would run around $140 not including gratuity (and you better tip well for a 60 mile drive). So, even in an extreme case of downtown St. Louis to 60 miles away, an individual would save over $2300 by taking a cab home instead of receiving a DWI ticket.

Add to this fact that numerous companies are offering free taxi services on New Year’s Eve and it’s a no-brainer.

Hotel: Extreme Case: $259

Want to enjoy the New Year and have even less to worry about: book a hotel! With all the options of finding a hotel online now days it’s hard to tell you the typical price of a night’s stay. So, again, we’ll look at an extreme case: a 5 star hotel in downtown St. Louis. Doing a quick search shows the price of one night on the weekend to be roughly $259 a night. A stay at one of the nicest hotels in St. Louis nets a savings of roughly $2200 over a DWI ticket.

Bottom-line: Don’t Drink and Drive

The Costs of a DWI are NOT Worth it

Plan ahead this year and have a plan for getting where you need to be after the festivities are over. Spending a little more on your night out could save you lots of money, aggravation and embarrassment in the long run. More importantly, it could save your life or the life of another.

Five Myths About DWI in Missouri

While some of us may be familiar with the basics of drunk driving and DWI enforcement, a large number of DWI suspects are surprised to learn about the legal realities of their charges. Below, we discuss five common misconceptions held by the public about DWI/DUI and what can be done to best protect the rights and best interests of those accused of these alcohol-related crimes.

“I HAVE TO TAKE THE FIELD SOBRIETY TESTS IF AN OFFICER ASKS ME TO DO SO”

If a Missouri law enforcement officer suspects that you have been drinking and driving he/she will almost always ask you to exit your vehicle and perform a number of field sobriety tests. These tests can include reciting a portion of the alphabet, walking an imaginary line, or standing on one leg. The problem is that there are many things that may affect a person’s ability to properly perform these tests. Also, the officer’s observations of your performance will later be used in court to establish the fact that you were intoxicated.

“I’M GUILTY IF I FAIL THE BREATH TEST”

It’s easy to assume that once you submit to chemical test of your blood or breath and the result is over .08 that it is a foregone conclusion that the State has “proven” that you have been driving while intoxicated and you are therefore guilty of that charge. This is simply not the case. Your guilt is never a foregone conclusion. This is also true in cases where a person is accused of driving while under the influence of marijuana or drugs. Remember, you are innocent until proven guilty. A failed chemical test does not guarantee a conviction. It’s critical that your defense lawyer understands this and is well acquainted with the breath test devices used in Missouri and who understands the procedures that the person administering the tests has to follow in order to obtain a valid sample.

“I WILL ONLY RECEIVE A SLAP ON THE WRIST FOR A DWI”

Chances are that you probably know somebody who has been arrested for a DWI in the past. Unfortunately, drunk driving is fairly common across all walks of life but it should never be thought of as a simple traffic violation. It is important to understand that DWI is a criminal offense and it can haunt you for the rest of your life. Even a first-time DWI charge can result in lengthy driver’s license suspensions, fines, SATOP classes and sometimes even jail time. That is why it is critical to immediately contact an experienced DWI lawyer who can immediately begin taking the necessary steps to protect your rights and develop an effective defense.

“I HAVE TO ACCEPT MY LICENSE SUSPENSION”

Once you receive your license suspension paperwork from your arresting officer, you have as few as 15 days to request an administrative hearing appealing the department of revenue’s suspension of your Missouri driver’s license. Time is of the essence during this narrow window a time, which is why it is critical that you immediately consult with an experienced DWI attorney who is familiar with this administrative consequences of a DWI arrest and who knows the necessary steps to prevent the suspension/revocation of your driver’s license.

“IT DOESN’T MATTER WHO MY DWI DEFENSE ATTORNEY IS”

If you have been arrested and/or charged with DWI/DUI are interested in exploring your defense options and fighting your charge, then it absolutely matters who you choose to represent you on both the criminal charges and the license suspension case. It might be a good idea to inquire whether your prospective attorney has a record of favorable case results, has accumulated any industry recognition or certifications, and/or has taken part in any drunk driving seminars and training. DWI is a nuanced area of law with many technicalities and your lawyer should understand them and how they will impact you and your case. Many firms claim to be able to handle these cases, but few attorneys have the knowledge and experience required to successfully challenge the state’s allegations in these matters and secure a positive outcome that you need.

If this is the kind of skilled legal representation you want for your DWI case, then we invite you to contact The Lampin Law Firm today. Our dedicated St. Charles Missouri DWI defense lawyers are committed to helping those charged with alcohol-related driving offenses navigate the process and secure the results that they need.

10 Things To Know If You Are Pulled Over After Having a Few Drinks

One of the most frequent questions that we are asked is “what should I do if I am pulled over and I have been drinking?” Our advice is always to never drink and drive but we acknowledge that sometimes people make mistakes. Also, it is not illegal to have a glass of wine with dinner or a beer at the game and later drive a vehicle.

While it is always cheaper to take a cab or an Uber, it is important to understand that innocent people are sometimes charged with DWI. So are guilty people. Regardless, everyone should know their rights if they find themselves pulled over after drinking alcohol.

  1. When you see the police officer’s emergency lights you should immediately turn on your blinker and pull over to the right hand side of the road. Put your car in park and wait for the officer to approach you.
  2. Have your license, proof of insurance, and proof of registration ready to present to the police officer. If you have difficulty locating these items or have trouble handing them to the officer, this may be used later as proof of intoxication.
  3. Be polite. Being rude to the officer will only make things worse and being argumentative or combative is often noted as a sign of intoxication.
  4. If the officer asks if you have been drinking, politely inform the officer that you prefer not to answer any questions without your attorney being present. The majority of our clients admitted to the officer that they had consumed at least 2 alcoholic beverages. Police officers will often use this admission to drinking as a basis for probable cause to continue with their DWI investigation such as asking you to perform field sobriety tests and/or to take a breath test.
  5. If you are asked to exit your vehicle, try to avoid using the door or the side of the car to balance yourself.
  6. There are 2 types of breath tests. One is known as a portable breath test (PBT). A PBT is just what it sounds like. It is a handheld breath testing device that an officer carries with them as opposed to a traditional breathalyzer that is typically located at the police station. Oftentimes an officer will ask you to take a PBT at the scene. THIS TEST IS VOLUNTARY. Missouri courts have held that PBTs are unreliable and that the exact BAC result cannot be admitted as evidence. The result, however, can be used in a DUI trial to show whether or not you tested positive for alcohol. If you are asked to submit to take a PBT and you have been drinking, you should confirm with the officer that the test is in fact voluntary and then politely refuse.
  7. You do not have to take field sobriety tests. As part of a DWI investigation you will probably be asked to perform a number of field sobriety tests. Examples of these tests are being asked to walk an imaginary line, stand on one leg, or recite a portion of the alphabet. You do not have to perform these tests. Remember, all of these things can later be used as evidence of your intoxication. If you are asked to take a field sobriety test it might be a good idea to politely refuse to take these tests and tell the officer that you need to speak with an attorney first.
  8. If you are arrested for DWI/DUI, the police officer will want you to submit to a breath or blood test. Before doing so, the officer is required to read you Missouri Implied Consent warnings which inform you of refusing to submit to a test of your breath or blood for alcohol. What the officer is not required to tell you is that you are entitled to 20 minutes to contact an attorney. Make sure that you ask 20 minutes to contact a DWI attorney! Also, be careful that the telephone line you use to contact your attorney is not being recorded by the police. If there is a sign posted by the phone stating that the call is being recorded, be sure to tell your lawyer.
  9. Should you blow? The answer is that it depends. If you haven’t had anything to drink or have had very little, then you will probably want to take the test. If you have had too much to drink then you really need to use the aforementioned 20 minutes to contact an attorney because the consequences of refusing can vary dramatically based on the location where you are arrested and the facts surrounding the arrest.
  10. If you are ultimately arrested for DWI there are a number of strict deadlines that immediately arise. For example, you may have as few as 15 days to stay the suspension of your driver’s license. Therefore, it is important to contact an experienced Missouri DWI lawyer who can explain your rights and who understands this complex area of law.

The experienced DWI lawyers at The Lampin Law Firm have over 150 years of combined legal experience and have helped thousands of people who are facing DWI/DUI charges in St. Charles, St. Louis, and throughout the state of Missouri. If you or a loved one has been arrested for DWI, or any crime, contact us today at (636) 229-9999 to arrange a free consultation.

Is your college aged child protected from emergencies?

This week, millions of college students will be home for Thanksgiving break. While there are many topics that families might want to stay away from this year, there is one topic that families need to talk about with their children. Have you and your family talked about what will happen if there is a medical emergency? Unfortunately, many students every year run into medical emergencies while they are away at college with no plan, and more importantly, no legal documents.

What happens when a student does not have documents prepared ahead of time before a medical emergency? In many instances, the parents are unable to access medical information, unable to make decisions as to treatment, and unable to access financial accounts. Regardless of who pays for insurance, school, or housing, the Parent’s legal right to information terminates when the child becomes eighteen.

In order to protect your child while they are away at school, we recommend the following documents:

Power of Attorney: This would allow parents to sign important documents for the student, to have access to and direct financial transactions, and help in legally assisting your child if they are incapacitated and unable to do so themselves.

Health Care Power of Attorney and Health Care Directive: This allows the parent to make health care decisions for the child when the child is unable to do so themselves. Without it, parents may not be able to discuss treatment plans or make urgent decisions regarding the care the child receives. The Health Care Directive will help lay out the student’s wishes regarding life-extending medical treatment, organ donations, and other important intentions.

HIPAA Release: This allows parents to have access to medical information about the student. Without it, the health care providers are legally prohibited from providing any information about the student and her or his health to the family members.

With these documents in place, prepared and signed in advance of an emergency, you can rest easier knowing that if an unfortunate event occurs, you will have access to your child and be able to care for them.

A Missouri Estate Planning Attorney Can Help Protect Your Family

If you have a child who is in college or will be soon, the estate planning attorneys at The Lampin Law Firm can work with you to make sure that they are protected. We offer free estate planning consultations at our St. Charles County, MO location and will work with you to develop an estate plan that fits your needs and goals. Contact us today at (636) 229-9999 or visit our website site for more information.

New Missouri Criminal Expungement Law Means Fresh Start For Many

Seal criminal record

The Missouri legislature has approved a landmark bill relating to the expungement of criminal records. Governor Jay Nixon recently signed Senate Bill 588, which will modify provisions relating to petitions for expungement of criminal records. This Bill, which takes effect on January 1, 2018, is a massive win for former criminal offenders who are looking to move on with their lives without the stigma of a criminal conviction plaguing them.

Missouri’s current criminal expungement laws are very narrow and allows for the expungement of very few criminal offenses such as passing a bad check. As a result, many former offenders have been unable to do anything about their criminal records. Further, current law requires that a person wait 20 years for a felony and 10 years for a misdemeanor before being eligible to file an expungement petition. This restrictive law has been a massive burden for those who are looking to put the past behind them as many employers perform criminal background checks in the state of Missouri.

So how is the new criminal expungement law different?
The new expungement law is probably more accurately referred to as a “record sealing law.” Current law in Missouri provides that once a petition for expungement is granted by a judge, the records of the arrest are to be destroyed. The new law provides that the records relating to the offense shall be closed. The distinction between the two is that by being sealed as opposed to destroyed, the records are still preserved and can therefore potentially be used as proof of prior criminal history if the person commits another crime. That being said, there are also huge benefits to the new law such as:

  • The number of criminal offenses eligible for expungement is greatly expanded. There are MANY criminal offenses that will be eligible to be expunged. However, some felonies, including Class A or dangerous felonies, crimes requiring a person to register as a sex offender, offenses involving a death, domestic assault and kidnapping, cannot be sealed under the new change.
  • The current waiting time has been greatly decreased. When the new law takes effect, you will be able to file for a criminal record expungement after three years for a misdemeanor and seven years for a felony.
  • The new law will permit job seekers to answer “NO” if a perspective employer asks if you have ever been convicted of a crime with a few exceptions (for example if you are applying for a position at a federally insured bank.
  • The law includes a provision allowing judges to waive the filing fee if a person is found to be indigent.

Are there criminal offenses that I can have expunged now?

The most common crime that is currently eligible for criminal expungement right now is Driving While Intoxicated (DWI). Generally speaking, if you were charged with a DWI and it has been more than 10 years, and you have no subsequent alcohol related offenses, you may be eligible for a DWI expungement. Click here for more information or contact a skilled DWI lawyer at The Lampin Law Firm at (636) 229-9999.

Overall, SB 588 may potentially provide relief for thousands of former criminal offenders. While the law doesn’t take effect for another year, it still represents light at the end of the tunnel for a lot of people looking for a fresh start.

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