When discussing car accident injury settlements in Missouri, average settlements can be somewhat misleading as every case is unique and the award depends entirely on the facts of a case.
Let’s take a look at the factors that affect car accident settlements in Missouri and some guideline figures for accidents involving injuries or property damage.
How are car accident injury settlements calculated in Missouri?
No fixed amount is awarded in car accident injury cases. Every case is treated on its merits and according to the circumstances. The five main factors that affect the amount of car accident injury settlements in Missouri are:
The severity of the injuries
Car accidents that cause significant, life-changing injuries understandably yield higher compensation amounts than those with minor injuries.
The purpose of compensation is to make the plaintiff as “whole” as possible again. If severe injuries have impacted the life of the plaintiff, no amount of money will truly compensate for the losses—but the higher the award, the less financial strife he/she should experience in life.
The financial losses incurred
The level of financial loss caused by the injuries is a major factor when calculating the amount of car accident settlements in Missouri.
Losses may include medical expenses, pain and suffering, and lost earnings from being unable to work..
The insurance coverage of the at-fault party
The minimum liability coverage in Missouri is $25,000 per person and $50,000 per accident. Uninsured motorist coverage to the same values is also required by law in Missouri.
The respective insurance policies of those involved in car accidents greatly affect payout amounts and how a personal injury lawyer will claim/litigate the case—and hence the final settlement amount.
Ultimately, if your injury is caused by an uninsured individual, you may need to claim from your own insurance company—usually with strict limits. If your injury is caused by an insured individual, you will need to deal with the third-party insurance company, and the amount the recoverable amount may also be limited by the terms of the policy.
The skills of the plaintiff’s lawyer in proving liability
The insurance company of the at-fault driver is responsible for paying medical bills, property damage, and other losses directly resulting from a car accident in Missouri.
However, liability is often questioned, and insurance companies rarely cede to the demands to pay full and fair compensation without being forced to do so. It often requires considerable expertise in pursuing personal injury cases and is best handled by an experienced personal injury lawyer.
Sometimes, especially in accidents involving trucks, several parties may be held liable rather than just the driver. Again, this often requires specialist expertise to secure the maximum compensation available.
The plaintiff’s level of fault
Under Missouri’s pure comparative negligence laws, plaintiffs can pursue damages from at-fault parties in car accidents even if they were partially to blame for the accident. However, the amount of compensation is reduced in proportion to the level of fault.
So, if a plaintiff is awarded $100,000 in damages but was adjudged to be 25 percent at fault for the car accident, the award would be $75,000.
What is the car accident settlement process in Missouri?
Most car accident settlements pass through a process that takes at least several months. Timelines depend on the complexity of the case, i.e., the extent of the plaintiff’s injuries/impact on their life, disputes over liability, whether a personal injury lawyer litigates the case, and more.
Following are the standard steps toward a car accident settlement in Missouri…
Report the accident
Reporting the accident is crucial in starting the car accident settlement process. Under Missouri law, drivers must report accidents involving injuries or property damage exceeding $500 to the police. Notifying your insurance company, even if you’re not at fault, is also essential. This step initiates the compensation process, ensuring that your claim is properly documented and processed.
Contact the insurance company
The claim for compensation starts with contacting the insurance company of the at-fault party (who may already be aware of the accident). The insurance provider must respond and acknowledge the claim within 10 days.
Seek fair compensation
It can be challenging to receive the amount of compensation you are due in a car accident settlement. Insurance companies often “play hardball” and try to shift liability, pressuring the claimant into signing early for a low figure.
Hire a personal injury lawyer to negotiate
Some people are caught out by insurance company strategies; others hire personal injury attorneys to manage the process and negotiate with the insurance company for maximum compensation by providing firm proof of liability and supporting evidence.
This process may take time in catastrophic injury cases because the full extent of the injuries and impact on the victim’s life may not be known for many months.
File a lawsuit and prepare to go to trial
If there is any chance that negotiation may not result in a settlement, the personal injury lawyer may file a lawsuit early in the process, so the case remains well within Missouri’s statute of limitations (five years, in most cases).
The vast majority of car accident injury claims are settled out of court, but personal injury lawyers should prepare for the possibility of a trial.
Factors that can Impact a Timeline of a car accident Settlement
Several factors can impact the timeline for settling a car accident claim:
- Liability Determination: Establishing fault can be straightforward in accidents with clear evidence, such as a rear-end collision at a stoplight. However, cases with conflicting accounts, lack of witnesses, or shared fault may take longer to resolve.
- Severity of Injuries: Settlement timelines often depend on the extent of injuries. Serious injuries requiring prolonged medical treatment usually extend the settlement process, while cases with minor injuries tend to resolve more quickly.
- Size and Complexity of the Accident: Multi-vehicle accidents or those involving commercial vehicles like trucks can take longer to settle. More parties involved means more insurers, which complicates negotiations.
- Jurisdiction: The location of the accident can also affect the timeline. Plaintiff-friendly or defendant-friendly counties may influence how long parties negotiate. Cases involving federal vehicles or defendants in multiple states may move to federal court, lengthening the process.
- Liens: Medical providers or insurers may place liens on a claim to recover costs, adding time for negotiation and resolution.
- Filing a Lawsuit: While many claims settle without going to court, filing a lawsuit formally begins a legal process that can significantly extend the timeline.
If you’ve been involved in an accident, a car accident attorney can help navigate these complexities, answer your questions, and work to maximize your settlement.
Contact Noland Law Firm Today
To maximize compensation for a car accident settlement 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.
