Getting into a car accident is a big deal, especially when you are confronted with countless medical bills and repair costs. For this reason, many people pursue personal injury lawsuits to win compensation for their injuries and damages. But before you file a lawsuit, you may want to have a consultation with a car accident lawyer who can tell you everything you need to know about Missouri car accident cases.
Ask a Car Accident Lawyer: How Long Do I Have to File a Lawsuit?
In general, Missouri law says that you have five years after the date of the accident to file a personal injury lawsuit. This statute of limitations is a window in which you can seek fair compensation from the driver or entity that is responsible for your accident.
When you speak with a car accident lawyer, you will want to provide specific details about your accident, including the date of the accident and whether the other driver happened to be a government worker. In some cases, the compensation you can win from your settlement may be different if you are launching a civil lawsuit against a government worker, such as a bus driver.
How Do You Know If You Have a Case?
A car accident attorney in Kansas City will be able to tell if you have a viable case by going over the details of your car accident. In general, if you sustained serious injuries or your damages are valued at over $500, you may be eligible for a personal injury lawsuit.
There may be other factors about your case that can also qualify for a civil lawsuit. For example, if you were injured because the other driver was negligent, reckless, or driving under the influence, you should be able to sue for compensation. If road construction or bad road conditions contributed to your accident, then you may be able to file a lawsuit against the local government.
Can You Estimate Your Settlement?
Estimating your settlement may be difficult since the individual details of your case will be used to calculate the settlement you are entitled to. Additionally, there are compensation caps in Missouri that will dictate the total settlement you can receive. For example, there are different compensation caps for economic and non-economic damages.
That said, there are a few concrete factors that may be used to calculate your compensation. For example, the repair costs for your damaged vehicle can be a baseline for your settlement amount. Medical bills, lost wages, and other economic damages can also be used to roughly estimate the compensation you are entitled to.
Pure Comparative Negligence
The compensation you can receive from your personal injury lawsuit may also be influenced by Missouri’s pure comparative negligence law. In car accidents, this law states that injured drivers can be found partially responsible for car accidents. This affects the settlement because you are only entitled to a percentage of the settlement that is relative to your percentage of liability for the accident.
What Can Compensation Be Used For?
The compensation you receive from your settlement is generally used to pay off medical debt, replace lost wages, and make up for lost earning ability if you are temporarily or permanently disabled by your injuries. Your compensation can also be used to make up for pain and suffering damages, especially if you have suffered from scarring, disfigurement, or loss of limb.
In cases where an individual is killed in an accident, the family may be entitled to compensation through a wrongful death lawsuit. Compensation for a wrongful death lawsuit can be used to replace the estimated earnings of the deceased person, particularly if the deceased was the sole provider for a home and family.
What Else Should You Know About Missouri Car Accidents?
You will need to talk to your car accident attorney about other factors related to a car accident lawsuit. For example, you may want to ask an attorney about what you should do after an accident.
Reporting the Accident
One of the mandates in Missouri state law is reporting an accident to the police if there were any injuries or damages of $500 or more. Reporting the accident to the police will generate a crash report that will be used when you file a claim with your insurance company since many companies will not process your claim without evidence of a crash.
Getting Medical Care
It’s also important to receive medical care after an accident, even if you think your injuries are minor. If you want to receive compensation for any medical bills, you will need to have medical records that support your case.
In Missouri, you have up to five years after the date of an accident to file a personal injury lawsuit. Personal injury lawsuits are civil, which means that certain compensation caps may apply to your case. You may also want to ask a lawyer about pure comparative negligence and how this law may affect your settlement.
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