Feeling lost after a car accident is completely normal. In many cases, Missouri car accident victims do not know where to turn and the bills for their property damage and medical treatment start racking up. It can feel like a hopeless situation. But, there is a solution to your financial worries as a Missouri car accident attorney can help you get a settlement for your injuries and vehicle damage.
While you may not immediately think you need to file a lawsuit for your car accident in Missouri after the event has passed, you may come to the realization that you deserve financial help for your mounting expenses. Filing a lawsuit for a Missouri car accident is in your best interests when you are involved in a car accident that was the fault of another driver.
In Missouri, a car accident case may be filed several years after it occurred. The statute of limitations in our state is just five years from the date of the accident. While five years may seem like plenty of time to file your Missouri car accident case, it is imperative that you speak with a car accident attorney in Missouri as soon as possible to set the wheels in motion for your case. There is much to discuss with a lawyer after a car crash in order to get started with establishing fault and investigating the accident in order to prove negligence on the part of the other driver.
How Long Do I Have to File a Lawsuit When Death Occurs from a Car Accident in Missouri?
While the statute of limitations allows you to file a claim for injury and property damage within 5 years of your accident, these same laws dictate that you have a smaller window of opportunity for filing a lawsuit when death occurs from a Missouri car accident. The law states that you have three years from the date of the victim’s death to file a lawsuit regarding a car accident in Missouri.
Keeping these deadlines in mind after a car accident is vital, even if your case settles out of court. Acting on your Missouri car accident claims as soon as possible opens all the legal avenues to receiving a settlement for your situation. You may want to settle out of court, but if a fair solution is not offered, it is beneficial to take your case before a jury to get the compensation you deserve for your injuries and property damage.
Filing a lawsuit after the statute of limitations is cause for dismissal of your case no matter how severe your injuries and property damage are after a Missouri car accident. This can prevent you from receiving a settlement in your car accident case as you have no legal recourse to file a lawsuit against the offending party.
Speaking with a Missouri car accident attorney can help you understand what your legal rights are after a car crash and help you determine what the next steps are in your case. A car accident lawyer will advise you on the course of action to take and guide you through the process of filing a lawsuit, if necessary, after your crash.
How Much is My Award Settlement After a Car Accident in Missouri?
In a Missouri car accident, it is the responsibility of the plaintiff to prove negligence in a lawsuit against another driver. Missouri uses a pure comparative fault law to determine settlement awards. This means that your percentage of fault in the car accident is taken into account and deducted from your total settlement award. For this reason, proving the fault of the other driver at the highest percentage possible is necessary to guarantee you the highest settlement payout in court.
Because a car accident in Missouri uses a comparative fault law to determine a settlement award, a less than 50 percent fault needs to occur on your end to earn compensation. When it is established that you are 50 percent or more at fault, no settlement award happens in your favor. Having a Missouri car accident attorney on your side can help establish this fault to the highest degree and ensure you receive a settlement award that is fair and deserving of your injuries and property damages.
Determining your settlement award after a Missouri car accident is dependent on many factors. The extent and severity of your injuries can entitle you to damages for:
- All medical expenses now and into the future
- Lost wages for your injury recovery and future work absences
- Pain and suffering damages that you sustained as a result of the accident
- Loss of consortium or companionship that you suffered from the car crash
- Emotional distress that you are experiencing now as well as into the future
- Punitive damages that provide financial relief for the negligent actions of the other driver
There is no cap in Missouri car accident cases for a total award settlement. This makes it possible to reach an agreement that takes into account your current and future damages sustained as a result of your injuries in a car accident in Missouri. This allows for a just settlement award in your Missouri car accident case and provides you the financial means to move forward with your life after the crash.
A Missouri car accident attorney can calculate what your damages are for your injuries and the suffering caused by the car accident. They can determine you lost wages now and into the future and work with your doctors to figure out the medical expenses for any long-term treatment you need after the Missouri car accident.
Consult with a Missouri Car Accident Lawyer to Discuss Your Case
When you are involved in a Missouri car accident that was the fault of another driver, you can count on the lawyers at the Krause & Kinsman Law Firm to handle your case. Let us provide you with fair representation in court and fight to get you the compensation you deserve for your injuries or property damages. Trust in the Krause & Kinsman Law Firm to settle your car accident case with justice. Contact us today for a consultation.
Adam Krause is a personal injury, mass tort, business litigation, and employment discrimination attorney who practices in Kansas City, Missouri. He graduated from the University of Missouri Kansas City School of Law and has been practicing law for several years now. Adam Krause has made a career of taking complicated litigation and presenting it in the most elementary terms for a jury of your peers to understand. Learn more about his experience here.