Clayton Personal Injury Lawyer

In the aftermath of an accident, Drafahl Law Firm can provide advocacy and support to victims. Our Clayton personal injury attorneys have a long track record of success in injury claims and, because we are trial attorneys, we can fight for you until your case is resolved no matter how difficult your claim is. 

Missouri law provides certain rights to victims who are injured, but not everyone understands how to enforce those rights — and insurance companies often don’t want to recognize them.

Having the right advocate can help victims get justice, so reach out to Drafahl Law Firm today at (314) 300-6260 or contact us online to learn what we can do for you. 

What Makes Us The Best Choice To Represent You In Your Personal Injury Claim? 

You should not hesitate to trust Drafahl Law Firm to advocate for you when you need a Clayton personal injury attorney. There are many proven reasons why you should place your faith in our team including:

• Our trial experience. We’ve recovered millions in court in recent years, helping us to earn a place in the Multi-Million Dollar Advocates Forum
• Our compassion. We care about our personal injury clients, which is why past clients have said that we went the extra mile, were a huge help, and represented what attorneys should be 
• Our legal knowledge. We understand the ins and outs of injury laws and we will put that knowledge to work to identify defendants in your claim and gather the evidence needed to show why those defendants are to blame for harming you. 
• Our negotiation skills. If you’d prefer to avoid the stress of court, we’ve got you covered as our solid negotiating skills will maximize the chances you’ll be able to settle out of court and receive a fair offer

You can schedule a free consultation with no obligation at any time to learn more details about exactly what we can do to help with your claim. 

Awards & Memberships

What Kinds of Injuries Can Lead to a Lawsuit?

Drafahl Law Firm represents clients after any injury resulting from negligence, a breach of legal duty, or a violation of safety rules and regulations. Some of the most common types of injury claims we handle include:

• Slip and falls 
• Car and truck accidents
• Pedestrian, motorcycle, and bike crashes
• Uber and Lyft accidents
• Injuries on property
• Catastrophic injury claims including burns, amputations, spinal cord injuries, and traumatic brain injuries
• Dog bite injuries 

We have helped many clients recover compensation after suffering these kinds of injuries, and our solid experience ensures we know how to make legal arguments that maximize your chances of being compensated for losses. 

Large commercial vehicles are most commonly associated with serious injuries and damages — get in touch with a truck accident lawyer in Clayton today to schedule a free consultation and pursue due compensation.

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Compensation In a Clayton Personal Injury Case

If you were hurt by someone else’s negligent actions in Clayton, you can recover different types of compensation in a personal injury case. Below are some of the types of damages that may be available. 

Economic Damages 

These cover losses that have a clear price tag and can be established with bills or other records. Economic damages aim to make up for money you’ve already spent or will need in the future due to your injury. Examples include:

• Medical expenses (hospital stays, doctor visits, medication)
• Physical therapy and rehabilitation
• Lost wages from time you missed at work
• Reduced earning potential if you can’t return to your old job
• Property damage (like repairing or replacing your car)

Non-Economic Damages 

Non-economic damages address less tangible losses that are harder to measure in dollars. These focus on the physical, mental, and emotional challenges you face after getting hurt. Examples include:

• Pain and suffering
• Emotional distress 
• Loss of enjoyment of life
• Loss of companionship or support from loved ones
• Disfigurement or permanent injury

Punitive Damages 

Punitive damages aren’t awarded in every case. These are meant to punish someone if they acted intentionally or in an extreme, reckless way. Clear and convincing evidence is required to show the defendant either meant to cause harm or had no regard for your safety.

510.261.  Punitive damages, restrictions on award of — proper award, when — civil actions, initial pleading not to contain claim for punitive damage award. — 1.  Except as otherwise provided by statute, punitive damages shall not be awarded unless the claimant proves by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.

Situations where punitive damages might be awarded include:

• Drunk driving and causing serious harm
• Knowingly ignoring safety rules
• Assault or intentional injuries

Understanding the possible types of compensation can help you and your family move forward after an accident. An attorney can explain what you may be entitled to.

Understanding Liability in a Clayton Personal Injury Case

Knowing how liability is established in a Clayton personal injury case is important for the outcome of your claim. To win compensation, you must show that someone else is legally responsible for your injuries. Here’s how this process usually works:

Duty of Care 

First, you need to show that the other party had a duty to act with reasonable care toward you. For instance, drivers are required to follow traffic laws and keep others on the road safe. Property owners have to fix dangerous hazards or clearly warn about them.

Breach of Duty 

Next, you have to prove that the other person failed to do what was expected. This means showing they acted carelessly, broke the law, or didn’t take reasonable steps to prevent harm. 

Causation 

It isn’t enough just to show someone made a mistake. You also have to connect their actions directly to your injury. Medical records, expert opinions, and accident reconstructions can help prove that the accident caused your injuries.

Damages 

Finally, you must show how the injury resulted in losses. This can be doctor’s bills, time lost from work, pain and suffering, or other ways your life was impacted. 

An attorney can guide you through this process and help you build a strong case so you can hold the right people accountable.

Type of Evidence Needed to Prove Liability in a Personal Injury Case 

Building a strong personal injury case depends on having the right evidence to show who is responsible for your injuries. Different types of proof can make your claim much clearer to an insurance company or a jury.

• Accident scene photos and video showing dangerous conditions
• Medical records that describe the injuries and treatment you received and will need in the future
• Statements from eyewitnesses who saw the event or know about the hazard
• Police or incident reports written up after the accident
• Expert testimony from doctors or accident reconstruction professionals
• Pay stubs or work records to verify lost income
• Emails, texts, or other documents that point to the responsible party’s actions or knowledge

Collecting as much evidence as possible gives you the best chance at being successful with your claim.

What is the Statute Of Limitations in Clayton, MO?

Missouri law limits how long you have to file a personal injury lawsuit. In most cases, you get five years from the date of your accident or injury to start your claim in court. 

  516.120.  What actions within five years. — Within five years:

(4)  An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated;

Missing this deadline could keep you from recovering any compensation. However, there are important exceptions where the clock can be paused or “tolled.”

The Discovery Rule 

Sometimes you may not know you’re hurt right away, or your injury isn’t linked to someone else’s actions until later. The discovery rule allows the deadline to start from when you discovered, or reasonably should have discovered, your injury, rather than the date the harm actually happened.

Minors Under Age 21 

If a minor is injured in Missouri, the statute of limitations usually stops running until their 21st birthday. After turning 21, the regular time limit begins. This means a minor who is injured would have until they turn 26 to file a claim. 

Disability 

If someone is considered legally disabled at the time of injury, such as being mentally incapacitated, the time limit does not begin until that disability is lifted.

Defendant Out of State 

If the person responsible for your injury leaves Missouri, the statute of limitations can be paused while they’re gone. The countdown starts again if they come back.

Suing the Government 

Claims involving a government agency have extra requirements. Notice has to be filed within just 90 days after your injury, which is much shorter than in other cases.

Fraudulent Concealment 

If the person who caused your harm tries to hide what they did, the statute of limitations doesn’t start until you find out or reasonably should have found out about the fraud or who was responsible for the injury.

Speaking with a lawyer as soon as possible after the accident is essential to make sure you know what the deadline is and don’t miss your chance to recover compensation. 

How Our Lawyers Will Help You With Your Personal Injury Claim

Drafahl Law Firm takes care of everything you need in the aftermath of your accident so you can get justice — and you can focus on recovering as we fight for it. We can:

• Represent you in or out of court depending on your desire to settle and the offers made
• Gather police report, witness testimony, and other data from the scene of the accident to show who should be to blame
• Help you show the extent of your damages so you can get paid for all economic and nonfinancial losses
• Stand up to insurance companies and make them pay what you’re due, either through a settlement or a verdict in your favor

Message Us Today

To find out more about these and other services we offer after your accident, give us a call at (314) 300-6260 today to speak with a Clayton personal injury attorney you can count on.