Stephen Schultz | September 18, 2024 | Car Accidents
If you were involved in a car accident in St. Louis, Missouri, that wasn’t your fault, you might be wondering if you need to hire a lawyer. While it’s not required to have an attorney handle your case, having legal representation can be incredibly beneficial—especially when navigating the complexities of Missouri’s legal system.
Car accidents often lead to costly medical bills, lost wages, and long-term pain and suffering. An experienced lawyer can help you pursue compensation and ensure that your rights are protected throughout the claims process.
Available Damages After a Car Accident in St. Louis
When you’ve been in a car accident that wasn’t your fault, you may be entitled to various types of damages. These damages are meant to compensate you for both your financial losses and the emotional and physical impact of the accident. In Missouri, common types of damages include:
- Economic damages: These cover measurable financial losses, such as medical bills, property damage, and lost wages. If you’ve had to take time off work or require ongoing treatment, you can seek compensation for these expenses.
- Non-economic damages: These damages compensate you for more subjective losses, such as pain and suffering, emotional distress, and loss of quality of life.
- Property damage: You can also recover compensation to repair or replace your vehicle or any other property that was damaged in the accident.
In certain cases, you may also be eligible for punitive damages. These are awarded in rare instances where the other driver’s actions were especially reckless or intentional. However, you will need to provide clear and convincing evidence of their misconduct.
How a Lawyer Can Help With Your Case
Even if you weren’t at fault for the accident, dealing with insurance companies and legal procedures can be overwhelming. Having a lawyer on your side can provide significant advantages, such as:
- Determining liability: A lawyer can investigate the accident, gather evidence, and determine who is at fault. In multi-car accidents or cases with unclear liability, this can be particularly important.
- Dealing with insurance companies: Insurance companies often try to minimize payouts. A lawyer can negotiate on your behalf to ensure you receive fair compensation and are not taken advantage of.
- Calculating damages: Lawyers can assess the full scope of your damages, including future medical expenses and lost wages, to ensure you seek appropriate compensation.
- Handling paperwork: Car accident claims involve a lot of paperwork, including medical records, police reports, and legal documents.
- Filing a lawsuit: If a settlement can’t be reached, your lawyer can file a lawsuit and represent you in court. Having a lawyer experienced in trial litigation can significantly increase your chances of winning your case.
A lawyer can handle all of these details so you can focus on recovering from your injuries.
Missouri’s At-Fault System for Car Accidents
Missouri follows an “at-fault” insurance system for car accidents. This means that the person responsible for the accident is liable for paying damages. As a result, you can file a claim against the at-fault driver’s insurance to recover compensation.
Missouri also uses a pure comparative negligence rule. This means that even if you were partially at fault for the accident, you can still recover damages as long as you were not 100% at fault. However, your compensation will be reduced by your percentage of fault. For example, if you were found to be 20% at fault, your damages would be reduced by 20%.
Having a lawyer is especially helpful when dealing with Missouri’s comparative negligence rule. Insurance companies may try to assign you more blame to reduce the amount they have to pay, and your lawyer can protect you from unfair accusations.
Amount of Time To File a Claim in Missouri
Missouri has specific deadlines, known as statutes of limitations, that dictate how long you have to file a car accident claim.
For personal injury claims related to car accidents, Missouri law typically gives you five years from the date of the accident to file a lawsuit. This is longer than the statute of limitations in many other states, but it’s still crucial to act quickly. Evidence can fade, witnesses can become harder to locate, and insurance companies may delay your claim if you wait too long.
If you’re filing a claim for property damage, you generally have five years to take legal action as well.
However, it’s important to note that some situations may alter these deadlines. For example, if the accident involves a government vehicle or entity, you may have much less time to file a claim. An attorney can ensure that you meet all deadlines and don’t jeopardize your ability to recover compensation.
Contact Our Car Accident Law Firm in St. Louis, MO
If you’ve been injured, please contact the attorneys at Schultz & Myers Personal Injury Lawyers at the nearest location to schedule a free consultation, we proudly serve all throughout Missouri, including St. Louis County and Boone County and we have offices in St. Louis, Ladue, Columbia, Creve Coeur.
Schultz & Myers Personal Injury Lawyers – St. Louis Office
1430 Washington Ave Ste 225
St. Louis, MO 63103
(314) 444-4444
Schultz & Myers Personal Injury Lawyers – Ladue Office
9807 S 40 Dr
St. Louis, MO 63124
Schultz & Myers Personal Injury Lawyers – Columbia Office
28 N 8th St # 502
Columbia, MO 65201
Schultz & Myers Personal Injury Lawyers – Creve Coeur Office
999 Executive Pkwy Dr #205
Creve Coeur, MO 63141
