Personal Injury Lawyer

An accident injury can be devastating and traumatic. However, a Birk Law Firm personal injury lawyer can help you to get your life back on track. We may be able help you to get compensation for your injuries through either insurance or a personal injury suit if your injury was caused by negligence or fault of another party.

Personal injury is the result of someone else’s negligence causing mental or physical injuries to another person. You will have to deal with emotional and physical pain, trauma, financial losses due to medical, hospital and rehabilitation bills, loss of income due to inability to work, and possible property damage as a result of an accident. A Missouri personal injury lawsuit is a great way to get out of financial trouble and let you focus on your recovery.

Contact the Birk Law Firm immediately if you or a family member has been hurt or has lost a loved one due to Missouri personal injury. We will work to get you the settlement that you deserve. Kelvin Birk, a Cape Girardeau personal injuries attorney has extensive trial experience. He is ready to negotiate aggressively with all parties and insurance companies for your benefit. So that you can concentrate on your recovery, we handle all aspects of your legal case.

We can help you win damages as a personal injury attorney

Many of our clients are interested in finding out how much they could get in a settlement or a win at trial. Our clients have a variety of options for compensation in personal injury cases. Our Missouri personal injury lawyers at Birk Law Firm can help you win both actual (or compensatory), damages and punitive damages. Actual damages include both economic and non-economic damages.

Economic Damages in a Personal Injured Case

These expenses are for actual dollars related to your injury.

  • Rehabilitative and medical bills
  • Earnings and wages lost
  • Property damage

Non-economic Damages

Non-economic damages are damages that do not have a monetary value.

  • Pain and suffering
  • Loss of companionship/consensus
  • Disability

Punitive Damages

In rare cases, punitive damage may be possible. These damages are meant to punish the defendant for acting in a particularly reckless or egregious way and to discourage similar behavior in the future.

What Damage Awards can you expect in a personal injury case?

Personal injury damages can range from thousands to millions of dollar depending on many factors.

  • The circumstances surrounding the accident
  • The amount of property damage you cause and the cost that you incur
  • The severity and duration of your injuries
  • The availability of assets and insurance for the defendants
  • The individual judge and jury
  • How well your lawyer can settle your case or litigate it.

Missouri also has several laws that could affect your case.

Comparative negligence – If you are partly to blame for an accident, the amount of your award will be reduced based on the percentage of fault you have. You can still receive compensation that is proportional to the defendant’s fault.

Statutes of limitations This is a time or deadline that limits the time you can file a lawsuit following an injury. You have generally five years to file a personal injury claim and three years to file a wrongful death case. Otherwise, the courts won’t hear your case.

The cases our personal injury lawyer handles

A personal injury lawsuit is a legal action to seek financial compensation from the person who caused your harm. Personal injury lawsuits can be civil or criminal.

Birk Law Firm handles all types personal injury cases including:

  • Car accidents
  • Truck accidents
  • Motorcycle collisions
  • Slip-and-fall scenarios
  • Premises liability actions
  • Dog attacks and dog bites
  • Product liability and product defects
  • Brain injury.

We can help you with any situation.

Personal Injury Lawyers must prove negligence

Your Birk Law Firm personal injuries lawyer must prove that the other party in your case was negligent or at fault for the injuries you sustained. The following elements are required to prove negligence:

  • Duty: You owed the defendant a duty not to cause any harm.
  • Breach: The defendant violated this duty through actions or failures to act.
  • Cause: Your injuries were caused by the defendant’s breach
  • You sustained damages as a result.

Everybody has a duty to care and to avoid harming other people. Here are some examples of harm caused by breaching duty:

  • Unsane driver ran a red light, crashed into your car and was driving drunk.
  • Infected tissue was left by a surgeon.
  • The brakes on your car failed, leading to a crash.