.png)
Any type of car accident can be devastating for the victim and their family. The problems don't end after the accident happens; victims often have to deal with extensive legal processes and hefty bills to recover.
Is it possible to sue someone for a Missouri car accident? Yes. Since Missouri is an "at fault" state, victims can sue the responsible party and hold them liable for all damages.
A car accident lawsuit tends to be complicated, especially if it involves unique factors like multiple victims, extensive injuries, and even death. In these cases, it's always best to hire a car accident lawyer.
An experienced car accident lawyer can handle the heavy work related to the accident, ensuring the victim gets enough financial compensation for their medical expenses, lost wages, and more.
The following page by Powell Law explains how to navigate a personal injury claim in Missouri and why hiring an experienced car accident attorney is the victim's best option. They can also share details on how to file a lawsuit for truck accident in Missouri.
When Should Victims File Car Accident Claims in Missouri?
Victims should file their car accident lawsuits as soon as possible. There are two main reasons for that: the statute of limitations and the relevancy of the evidence.
About Missouri's Statute of Limitations
A statute of limitations establishes how much time a victim has to file a legal claim against an insurance company or the at-fault party. In Missouri, people have five years from the date of the injury to sue. It's important to note that this doesn't mean the case must be settled before that timeframe.
Even though victims could wait before they reach the deadline to file their claim, it's never recommended to do that. It's always better to file a claim right away, as that's the time when evidence is fresh and witnesses are easier to reach out to.
Waiting too long may render some evidence useless, which could affect the car accident settlement process.
In some cases, the victim could extend the five-year deadline. If the injured person is a minor, for example, their five-year period will start once they turn 21 years of age. This is because minor plaintiffs can't negotiate car accident settlements on their behalf.
What If the Accident Resulted in Someone's Death?
Some car accident injuries are so severe that they cause the death of one of the parties. In this case, the deceased's family can file a wrongful death claim against the defendant.
These claims are slightly different than personal injury lawsuits. The statute of limitations for wrongful death cases is three years.
What Can Someone Recover from a Car Accident Case?
There's no doubt that a car accident can cost a lot of money for all the parties involved. It's unfair for victims to pay out of pocket for their injuries, which is why filing an insurance claim with a Missouri car accident attorney is one of the best options available for them.
In Missouri, a minor personal injury lawsuit could give the victim up to $15,000 in damages. Of course, bigger accidents could result in better settlement amounts.
The amount of compensation will depend on several factors, including the complexity of the medical treatment, the type of injuries, and how liable the other party is.
Here's an overview of the most common damages a victim can recover with the help of a personal injury attorney:
Pain and Suffering
Victims must prove three things to get compensated in car accident cases:
The defendant had a duty of care while driving.
They failed to commit to that duty of care, causing an accident.
The accident was what caused the victim's injuries.
Most insurance companies will try to pay as little money as possible, so they won't take the victim at their word. In other words, victims have the burden of proof if they want to get as much money as possible after a car crash.
'Pain and suffering' refers to the physical and emotional injuries a person can suffer after an accident.
Physical injuries are easier to assess since they're noticeable. These include:
Back/neck pain
Fractures
Paralysis
Burns
And more
Emotional injuries, however, tend to be more complicated to address. Hiring an experienced personal injury lawyer could help the victim show proof of all their injuries regardless of their nature. Some examples of emotional suffering include:
Psychological trauma
Insomnia
Anxiety
Depression
Grief
Frustration
Fear
Medical Bills
They represent all the expenses the victim had to pay for their medical treatment and recovery. Victims can provide bills and records that outline all the injuries in detail.
Most of the time, these documents are the most credible pieces of evidence someone can show.
Lost Wages
Lost wages involve the money the victim would have earned if they weren't involved in an accident. Usually, car accidents cause a person to stay out of work for a while, so compensation for lost wages can cover that.
A car accident attorney can help victims calculate their lost wages or loss of business expectancy, depending on the case.
Material Losses
Victims can recover compensation to pay for material damages to their vehicle or their belongings. The amount depends on how severe the crash was and how it affected the victim's property.
What About Punitive Damages?
While it's possible to receive punitive damages in Missouri, it's often difficult. There are three main requirements:
Missouri only awards punitive damages in bifurcated trials.
The victim can't claim punitive damages in their initial lawsuit.
Victims must show clear and convincing evidence that the defendant had intentional or grossly negligent behavior.
How Does Liability Work After Car Accidents?
Missouri works with a pure comparative negligence rule. It means that the plaintiff can recover damages based on their amount of fault, even if they're 99% responsible for the accident.
The more responsible the victim is for the crash, the less money they'll get for their claim. If the victim was entirely responsible for the crash, for example, they wouldn't get the other party to pay for their injuries.
Most of the time, St Louis motor vehicle accident lawyers and insurance companies determine fault based on available evidence. Police reports, photos and videos, and witness testimonies will help make things clearer.
Should Victims Settle or Sue?
It depends on the case. Sometimes, filing a claim with an insurance company or negotiating with the at-fault party could give the victim enough compensation to cover all their damages.
Settling often lowers legal expenses and reduces the time the victim has to spend with these proceedings.
Unfortunately, not all insurance companies will negotiate in good faith. If this is the case, the attorney will suggest filing a proper claim with the responsible party for maximum compensation.
How to File a Car Accident Claim Successfully with a Lawyer
Filing a claim sounds easier said than done, which is why it's always a great idea to count on a professional attorney. There are four essential steps to follow during these cases.
Below is a guide on how to file a lawsuit for car accident in Missouri.
1. Report the Accident
Victims must get themselves (and everyone else involved) to a safe place where they won't sustain further injuries.
They must then report the accident to the police and/or emergency responders. The officers will find emergency treatment for the injured parties and file a report for the crash.
2. Document the Scene as Thoroughly as Possible
If possible, victims should take pictures and videos of the accident scene. This includes material damages, physical injuries, and anything else that may help. Attorneys will use those items as evidence later.
Some accidents involve witnesses. In these scenarios, the victim should try to get their contact information for later. These people could be vital pieces of evidence when negotiating with insurance companies.
3. Contact the Insurance Company
The victim should contact their vehicle insurance provider to determine next steps.
If any party involved in the accident is uninsured, Missouri law requires them to fill out a "Motor Vehicle Accident Report."
4. Get in Touch with a Car Accident Attorney
In some cases, the victim's vehicle insurance provider will negotiate with the other party successfully and get enough compensation to cover their damages.
Unfortunately, the amount of money may not always be enough to cover everything. If the victim is unhappy with the amount they're getting, or if they sustained injuries that weren't addressed in the initial claim, they must contact a personal injury attorney.
A Missouri car accident attorney will handle all the complex aspects of the claim, including:
Gathering relevant evidence
Talking to witnesses
Negotiating with insurance companies
Representing the victim in court (if necessary)
These legal experts can also educate their clients on any legal terminology they should be aware of.
Final Thoughts
Car accidents are never easy to navigate. There's a lot of mental anguish on top of the injuries sustained.
In these cases, victims deserve to get the treatment they deserve without having to worry about complicated legal matters. At Powell Law Firm, there's a team of legal experts in St. Louis committed to getting justice for their clients.
Those interested in this firm's work can schedule a free consultation today.
Comments