If you or a loved one has suffered an injury or injuries as a result of an automobile accident, you are entitled to pursue compensation for your injury, as well as any other damage, from the other party’s insurance agency. In addition to compensation for your injury you are also entitled to seek financial reimbursement for any medical expenses or lost wages that occurred as a result of your injury. Although anyone can file an automobile accident injury claim in Missouri, filing the claim without the legal assistance of a seasoned accident injury attorney could result in costing you more in both time and money. Insurance agencies have a team of attorneys that are specifically trained to fight against accident injury claims. This fact by itself, tips the scales in favor of the insurance company.
For this reason, all automobile accident injury claims should be handled by an experienced accident injury lawyer in Springfield, MO. Before you call the insurance company to file your claim, discuss your options with the legal team at Missouri Legal.
Read on for more information about the accident injury laws of Missouri, which include the Comparative Fault laws, the time-frame in which you have to file your claim, and how an attorney can help you throughout this process.
How Long Do I Have To File My Auto Accident Injury Claim?
All states have varying times in which a person can file a lawsuit to an automobile accident. If you’re accident did not occur in the state of Missouri, make sure to check that particular state’s laws.
In Missouri, Revised Statutes section 516.120 states that a person who is injured as a result of a vehicle accident, must have filed their civil lawsuit with a five year period after the date of the accident. If the automobile accident resulted in the death of a person or persons, a family member or a representative of the person(s) may file a wrongful death claim within three years of the person’s death. You can find more information regarding wrongful death cases in Missouri, here.
While five years may seem like more than enough time, some injuries from car accidents can manifest themselves as time goes by. Make sure to give yourself enough time to file an insurance claim. The best practice, if you’ve sustained an auto accident injury in Missouri, is to contact an attorney as soon as possible. This way, you’ll be ready no matter what, especially if your claim gets taken to court where you’ll be faced with Missouri’s Comparative Fault Laws.
Understanding Missouri’s Comparative Fault Laws
In Missouri, if you’re involved in a car accident and the case is taken to court, you will be subject to Missouri’s Comparative Fault law. According to this article, as a “pure comparative fault state”, Missouri will take the amount of damage that you are able to recover from your automobile related lawsuit and reduce that amount down by the same percentage as your level of fault involved with the vehicle accident in question. In other words, if the jury assigned to your trial makes a decision that 80% of the accident was the other person’s fault, but you’re still to blame for the other 20%, the total amount of your damages will be reduced by 20%. For example, if you are owed $100,000, but 20% of the accident is your fault, you total award will be $80,000 after your comparative fault ruling is issued. Since Missouri is one of the only other 13 states that recognize this law, it is critical to your auto accident injury case that you hire an attorney to help you negotiate the auto injury claim, along with your liability and involvement in the accident.
How An Accident Injury Attorney Can Help
Getting injured in a car accident that wasn’t your fault unfortunately happens to many Americans everyday. However, that doesn’t mean that you should have to pay for it. With the way that the current auto accident injury laws in Missouri are written and insurance agencies who are infamous for fighting auto insurance claims, hiring an auto accident injury attorney in Springfield is your best chance at getting the money you deserve.
At Missouri Legal, we offer free consultations in order to understand your current situation. Once we have a handle on what you’re facing we will then illustrate how we will be able to assist you in winning your auto accident injury case. Here are just some of the ways that we will be able to assist you:
- Speaking with insurance agencies on your behalf – When fighting for your claim it is wise to have an attorney to speak with the insurance agencies, so that there are no discrepancies. Furthermore, we will fight aggressively to get the money you are owed without going to court.
- Figuring out what damages you can collect from– Along with medical expenses and lost wages you may be eligible to collect on future medical costs, reduced earning capacity, pain and suffering, and punitive damages.
- Proving you were not at fault – Missouri’s Comparative Fault law means that you could potentially lose out on a substantial amount of money, if not handled properly. An attorney can help to reason with the jury and judge that you were not at fault for this accident or at least reduce the percentage of your “part” in the accident.
As your personal injury lawyers, Missouri Legal does all the hard work, so you don’t have to. We also act as your advocate against big insurance companies throughout the entire process. We believe that you have the right to the best accident injury and personal injury defense available in the state of Missouri. Call us today to schedule your free consultation.