Frequently Asked Questions

What if I am Injured by Someone’s Carelessness or Neglect?

There are many ways you can be injured through the carelessness or neglect of others, including:
  • Car Accident
  • Tractor Trailer Accident
  • Accident with a Drunk Driver
  • Motorcycle Accident
  • Boating Accident
  • Dog Bite
  • Fall on Public or Private Property
  • Defective Product
If you have been injured, you may have valuable legal rights.

What if I am Injured in an Automobile Accident?

When you are the victim of an automobile accident you may be able to assert several types of claims. First, under the policy of the driver at fault, you have a claim for compensation for pain and suffering, permanent injuries, health care expenses, wage loss and for the cost to repair or replace your damaged automobile. The other person's insurance company may also be responsible for providing you with a rental car during the time it takes to either repair or replace your automobile.

Second, if the responsible driver is uninsured, your own insurance policy provides coverage for you. Therefore, you should collect essentially the same benefits even if the driver at fault is uninsured. Also, your own insurance policy may provide benefits that will pay all of your accident related health care expenses.

Lastly, you should be aware that your insurance company cannot raise your rates if the accident was not your fault, regardless of whether you make a claim against your policy. Missouri Division of Insurance regulations provide:

"In no event shall an insurer request an increase in premium from any insured in connection with any claim arising out of any accident for which the insured was not at fault." 4CRS 190- 17.100(3)

If I am in an Automobile Accident, Should I Get a Police Report?

A police report is very important following an accident. A police officer will take down the name, address and insurance company of every driver involved in the accident. The police officer will take statements from the drivers and any witnesses, together with making a diagram of how the accident took place. The police officer will also commonly record on the report which party was at fault. All of this information is very important as it often times prevents a party who admits fault at the scene from later denying responsibility.

The absence of a police report will not fatally prevent a person from making a claim, but it is always advisable to get one, if possible.

What if I am Injured at Work?

Nearly every employed Missouri or Illinois resident is protected by Workers' Compensation. Workers' Compensation covers injuries and occupational diseases which occur while you are on the job. The Law guarantees you three kinds of Workers' Compensation benefits:
  1. Health care to cure the injury
  2. Cash payments for lost wages
  3. Cash awards for any permanent or partial disabilities
If you have sustained an on-the-job injury, it is important that you understand your rights and obligations as soon as possible. Many injured workers commonly fail to do anything about work injuries out of fear of being fired or because they do not believe the injury is that serious. Failure to promptly notify an employer of a work injury, however, may preclude an injured worker from later pursuing a claim if it subsequently turns out to be more serious.

Who can select the treating doctor?
Do I have to go to the company doctor?
How am I going to pay my bills while I am off work?
How much will I get paid for my time off work and when will it start?
Am I entitled to a settlement for my injuries?

These are just some of the questions injured workers are commonly confronted with following a work relating injury. Most injured workers have little or no knowledge regarding how the workers’ compensation system operates. Actions taken shortly after an injury can materially affect the benefits an injured worker receives. For that reason it is important to seek legal advice as soon as possible following a work injury.

The amount of compensation you may be entitled to is largely dependent on the nature of your injuries, the degree of permanent disability you have sustained and your wage rate at the time you were injured. Even persons who sustain relatively minor injuries are entitled to Workers' Compensation benefits.

Do I Need a Lawyer?

After you are injured by someone's carelessness or neglect, many potentially complicated legal issues may arise. A consultation with a qualified personal injury lawyer will help answer all your questions and protect your valuable legal rights. The initial consultation is always free.

Consider these questions when deciding if you need a lawyer:
  • Are my medical bills being paid?
  • Am I collecting my lost wages?
  • Am I entitled to receive compensation over and above my medical bills and lost wages?
Remember, the insurance company has professionals representing its interests. These people do nothing but handle claims everyday. Their ultimate concern may appear to be to help you; however, their success depends on saving their company money. To get the answers and protection you need, you should take the time to meet with a qualified professional. An initial consultation is free, and if you hire a lawyer, there is no fee unless you are compensated.

The insurance industry’s own studies confirm that an individual represented by an attorney in a personal injury case will see more net proceeds than an individual not represented.

Who Is Actually Going to Handle My Case? and Does That Attorney Have Specific Experience in the Area of My Need?

The Kullmann, Klein & Dioneda lawyer a client meets with on their first visit to our firm is the lawyer who will handle their case, from start to finish. And each of our principals has his own field of expertise that can fulfill every client’s need.