Auto accidents occur quickly. When you’re merging into I-64 or going down Lindell Boulevard, one instant everything is different. The physical suffering is already excruciating. Then there are the unresolved insurance calls, missed work, and medical costs. You eventually begin to question whether you have a case.
That’s the appropriate question to pose. And before you take any further action, it is important to fully comprehend a few factors that determine the answer.
Someone else must be at fault.
The state of Missouri is fault-based. This implies that you have the right to sue the other driver and their insurance company for damages if they were the cause of your collision. You must demonstrate that they were at least somewhat at fault, but you do not need to prove they were entirely at fault.
This is when things start to get interesting. Missouri adheres to a theory known as “pure comparative fault.” If you were 20% of the cause of the collision, it’s possible that you exceeded the speed limit by a small amount. Your reward is lowered by that 20%, but you are still entitled to damages. Therefore, you would get $80,000 if your total damages were $100,000. In Missouri, you theoretically have a right to compensation even if you are 99 percent at blame. However, the majority of cases involve circumstances in which one driver is obviously more accountable than the other.
Distracted driving, running red lights (St. Louis has some infamous intersections for this), drunk driving, speeding, and failing to yield are common causes of auto accidents that support personal injury claims. You probably have grounds to file a claim if any of these apply to your circumstances.
You Must Have Actual Damages
People don’t realize how important this is. A compelling case that is worthwhile to pursue is not the same as having a legitimate legal right to suit. Real injury that can be quantified and paid is what you need.
This comprises items such as:
- Medical expenses, both present and prospective
- Wages lost if you were absent from work
- Anguish and misery
- Emotional anguish
- Your car’s property damage
Small fender benders that required a few hundred dollars in repairs but you were able to get away with it? A lawsuit won’t likely be justified by those. That’s a different discussion, though, if you had to have surgery, spent time in the hospital, or are still suffering with injuries months later.
Soft tissue injuries can be challenging. Although whiplash is frequently disregarded, it can actually be crippling. Don’t allow an insurance adjuster to downplay your difficulties. Keep a record of everything. Consult your physician. Continue the course of treatment.
The clock has already begun to tick.
In Missouri, you have five years from the accident date to bring a personal injury claim. It seems like a long time. It isn’t.
Evidence vanishes. Witnesses tend to forget what they witnessed. In a matter of days or weeks, traffic camera footage is overwritten. You’ll be in a better position the sooner you start protecting evidence and seeking legal counsel.
Additionally, there are circumstances in which the deadline is shortened. You could have to deal with greater notice requirements and tighter windows if a government vehicle—such as a city bus or a state vehicle—was involved. Don’t put things off because you think you have five years.
Insurance Companies Don’t Support You
Many accident victims had to learn this lesson the hard way. The insurance adjuster that gives you a sympathetic call is performing their job, which is to settle your claim for the least amount of money possible.
You might be asked to make a statement on tape. Refuse politely until you have consulted a lawyer. When you’re under stress and overwhelmed with debts, they could promise a speedy settlement that seems alluring. Before signing anything, give it great thought because accepting a settlement usually means you won’t be able to pursue further action in the future.
All correspondence with the insurance provider can be managed on your behalf by a St. Louis car accident lawyer at Roach Law. The firm, which was founded in 2003 by lawyer Kevin Roach, purposefully takes on fewer clients than most practices, so your case receives genuine attention rather than just a file number. When you’re attempting to construct a compelling claim against an insurer with substantial resources and a group of adjusters working against you, that is important.
When It Makes Sense to File a Claim
A lawsuit is not necessary for every accident. Some claims are settled out of court through insurance negotiations. Putting yourself in a position to receive just compensation, whether through a settlement or a jury verdict, is the main goal of filing a personal injury claim.
When your injuries are severe, it’s obvious that the other motorist was at fault, and the insurance company isn’t paying nearly what your losses are worth, filing makes sense. It also makes sense if you’re unsure of the value of your case, as an experienced St. Louis personal injury attorney may assist you in determining that prior to making any decisions.
A conversation doesn’t cost you anything if you’ve been in an accident in St. Louis. You don’t have to pay anything until Roach Law prevails in your case because they operate on a contingency basis. There’s no excuse to be unaware of your possibilities.
Questions: People Have Following Auto Accidents in St. Louis
1. Can I still make a claim if I didn’t use a seatbelt?
Indeed. Because of Missouri’s comparative fault system, failing to use a seatbelt may lessen your losses but does not prevent you from getting compensation. The collision was still caused by the at-fault driver. You still have a legitimate claim, but your compensation may be modified based on how much your injuries may have been lessened if you had been belted up.
2. There was no insurance for the other driver. What now?
This occurs more frequently than it ought to. Having your own uninsured motorist coverage is important since it may allow you to make a claim. Although it can be challenging to collect from someone without insurance, you can also file a direct lawsuit against the at-fault driver. In your particular case, an attorney can assist you in determining all potential sources of compensation.
3. A few days after the collision, my injuries became apparent. Is filing too late?
No, and this is actually rather typical. Pain is concealed by adrenaline, and some injuries, such as whiplash or intestinal problems, take longer to manifest. It’s important that you receive medical attention as soon as symptoms manifest and that you document the connection between the symptoms and the accident in your medical records. A delayed diagnosis does not negate your claim; rather, it increases the significance of your documentation.
4. What is the value of my auto accident claim?
To be honest, there are too many variables to provide a figure without considering your unique circumstances. A number of factors come into play, including the extent of your injuries, the cost of your medical care, the length of time you missed work, and the effect on your day-to-day activities. Calculating pain and suffering, which is frequently the main component of a catastrophic injury claim, takes expertise. After going over the specifics, a lawyer can provide you with a realistic assessment.
5. Must I appear in court?
In St. Louis, the majority of auto accident claims are settled before trial. Often, filing a lawsuit only entails significant negotiations with the insurance company rather than appearing before a judge and jury. You will always have the last word on whether to accept a settlement or go to trial, and your lawyer will counsel you throughout the process. The interior of a courtroom is rarely seen by most people.
Endnote
One of the most difficult things a person may experience is getting into an automobile accident. The legal aspect of it shouldn’t be up to you to find out. It’s worthwhile to speak with someone who deals with similar situations on a daily basis if you’re dealing with injuries, expenses, and an insurance company that is delaying your claim.