In Missouri car accident cases, proving fault is critical. Fault will determine which driver’s insurance company is responsible for covering property damage, medical bills, lost earnings, and other damages from the accident.
It is very important to note that there are many factors that can determine if you can obtain compensation when being at fault and it is important to contact an experienced personal injury lawyer to review your case
Compensation that can be recovered after an auto accident
After an accident on the Missouri roads, an injured individual who has suffered losses may be able to claim the following types of compensation:
Medical expenses
If you can prove fault and that your injuries relate directly to the accident that resulted from negligent, reckless, or wrongful actions, you can claim all medical costs related to the injuries by presenting medical bills, receipts, etc.
Lost earnings
If you miss work due to your injuries, records from your employer or tax returns can help prove the amount of wages you have lost. This is relatively easy to calculate if you are a W-2 employee with regular hours and a fixed salary, but more challenging otherwise—a seasoned personal injury lawyer can help with this.
If you miss work in the future or suffer a reduced income due to your injuries, this can also be claimed in Missouri personal injury claims.
Pain and suffering
Plaintiffs in car accident cases may also be able to claim compensation for the pain and suffering caused by their injuries, including loss of quality of life and the emotional and psychological trauma of the accident.
Learn More → What is the Average Car Accident Settlement Amount in Missouri
What is an “at fault” accident in Missouri?
The “at fault” party or parties are those whose actions caused or contributed to the car accident.
Sometimes, accidents are 100 percent the fault of one driver. For instance, if a driver runs a red light and collides with another vehicle crossing the intersection, the driver who runs the red light will be at fault. However, a failure to indicate or speeding by the other vehicle could mean that the other driver must shoulder some of the blame for the accident too.
Fault is the central element of personal injury cases in Missouri as the at-fault party is considered liable for damages.
Can I take legal action if I am deemed at fault in Missouri?
Missouri is considered an at-fault state, where a driver who causes a car accident is held liable for the resulting damage. The driver’s insurance company typically pays for the damages.
Comparative negligence in a car accident
Missouri adopts the principle of “pure comparative fault” (also known as “pure comparative negligence”) in personal injury cases. This means that a person may still be able to recover compensation from another at-fault party in a car accident even if he/she was partially at fault for that accident.
In such cases, the damages are reduced by the percentage of fault. For instance, if you were found to be 50 percent at fault for an accident and the damages award is $100,000, you would receive 50 percent of this or $50,000.
In Missouri, technically, even someone who was 99 percent responsible for a car accident could potentially recover damages for the one percent of fault attributed to another party. However, the amount of damages and percentage of fault will be factors in determining if an at-fault driver should file a claim.
When is suing another driver not an option?
If you were deemed 100 percent at fault for a car accident, suing the other driver(s) for damages is not an option.
However, your own car insurance company may be able to cover the damages and, in some cases, drivers may be able to sue a third party such as a manufacturer of faulty car parts if the actions of that party contributed to the accident.
Suing vs. negotiating a settlement
Most personal injury cases are settled without the need for a trial, which involves considerable work, time, and expense. Sometimes, however, suing the at-fault party is necessary to provoke action and to speed up settlement with the insurance company.
Negotiation alone may be sufficient to settle but if that does not work or the insurance company is slow to act in “good faith,” suing the at-fault party is your right in Missouri.
Speak with your insurance company ASAP…
One of the first steps after being involved in a car accident in Missouri is to speak with your insurance representative as soon as possible.
This can help you understand what you are covered for, any potential legal action that may result from the accident, and how you should approach the at-fault driver’s insurance company for damages.
How can an accident injury lawyer help you?
It can be difficult and intimidating to talk about legal matters after an accident, especially if you are trying to recover from injuries.
A personal injury lawyer can help you address the matter. In fact, an accident injury lawyer can handle all necessary communications with all of the relevant parties in claims and lawsuits, relieving the stress for accident victims and ensuring that their legal rights are protected.
This is especially important if fault for the accident is contested, as is often the case. Insurance companies do not simply pay up without trying to minimize their losses so protracted negotiations are often required to secure fair compensation. Your personal injury lawyer can help prove fault and handle all negotiations while representing your best interests.
You will need to provide information and documentation (e.g., for injuries, medical treatment, loss of earnings, etc.) to help your lawyer build your case, but most of the “heavy lifting” will be done for you.
At every step of the process, you will be kept informed about progress and your legal options will be outlined so that you can make the right decisions for your future.
How long do you have to file a lawsuit after a car accident in Missouri?
The statute of limitations for personal injury cases in Missouri is five years from the date of injury.
This does not mean that the case must be completed within five years, but it does mean you will lose the right to file a lawsuit after that period has elapsed. For minors, the statute of limitations is extended to five years after their 21st birthday.
To ensure you claim what you are entitled to after an accident in the Greater Kansas City area, please contact Noland Law Firm, LLC for a free case evaluation. Call us at (816) 781-5055 or contact us directly online.
