COMPENSATION IN A CAR ACCIDENT
CAN I BE COMPENSATED FOR DAMAGES AFTER A CAR ACCIDENT?
Car Accident Lawyer
HELPING CAR ACCIDENT VICTIMS IN AND AROUND KANSAS CITY, MISSOURI RECOVER MONETARY COMPENSATION FOR THEIR INJURIES
Most people know that if they are involved in a car accident, they may be entitled to compensation for their injuries. However, many do not know that the state of Missouri has specific laws governing car accident compensation. If you have been involved in a traffic accident in Saint Joseph, Missouri, it is essential to understand these laws to ensure that you receive the total amount of compensation to which you are entitled.
In Missouri, the law requires that all drivers carry liability insurance. This means that if you are involved in an accident, your insurance company will pay for damages up to the limit of your policy. However, if the other driver is at fault, their insurance company will be required to pay for your damages.
CAN I FILE A LAWSUIT ON MY OWN?
Yes, of course, you probably can. For various reasons, many people do just that. One reason is that they think they will not be able to pay a lawyer to do it for them. This worry, while common, is a moot point since personal injury lawyers work on a contingency basis. This means that the attorney will take a percentage of the settlement for a fee and only if you win your case. The percentage should be agreed upon before a retainer is signed.
Otherwise, handling a lawsuit on your own or dealing with the car insurance company is challenging, particularly if you've been hurt. There are many things you must do to preserve your chances of a successful claim. We'll go over the time you have to file, the evidence you need to present and the losses you are facing. All are an integral part of your lawsuit. So, let's begin.
FILING A PERSONAL INJURY LAWSUIT
If you have been injured in a car accident, you may be considering filing a personal injury lawsuit. This is a legal claim that allows you to seek compensation for your injuries from the at-fault driver.
To file a personal injury lawsuit, you will need to prove that the other driver was at fault for the car accident and that you suffered damages as a result of the collision. You will also need to file your lawsuit within the statute of limitations. If you do not, you will likely be barred from receiving any compensation.
An experienced car accident attorney can help you with every step of filing a personal injury lawsuit, from proving fault to negotiating a settlement. In addition, the attorney will speak with the insurance company and make it possible for you to take it easy. If you have been involved in a car accident, contact an attorney today to discuss your legal options.
MISSOURI CAR ACCIDENT COMPENSATION LAWS
If you have been involved in a car accident in Saint Joseph, Missouri, it is crucial to understand the state's car accident laws. These laws govern how much money you can receive for your injuries, as well as how long you have to file a claim.
MISSOURI IS A COMPARATIVE FAULT STATE
Missouri is a "fault" state when it comes to car accidents. This means that the driver who is responsible for the accident is also liable for any resulting damages. If you are involved in an accident that was not your fault, you can file a claim with the at-fault driver's insurance company to receive compensation for your damages.
There are two types of damages that you can recover after a car accident: economic and non-economic. Economic damages include things like medical bills, lost wages and property losses. They can be easily calculated. In personal injury cases, these losses are usually recoverable as is the cost of home modification to render it practical for certain disabilities related to the accident.
Non-economic damages are more difficult to quantify and are different from one case to the next. They include things like pain and suffering, emotional distress and loss of enjoyment of life. Many people suffer severe anxiety, depression and even post-traumatic stress disorder. For some, a professional is needed to treat them, and the cost of this intervention is included in the lawsuit.
In Missouri, there is no limit on the amount of economic and non-economic damages that you can recover after a car accident. This means that if you have been involved in a car accident and have suffered severe injuries, you could be entitled to a large sum of money in compensation. However, there is a limit of roughly $500,000 on non-economic damages in a medical malpractice claim.
THE STATUTE OF LIMITATIONS FOR FILING A CAR ACCIDENT CLAIM IN MISSOURI
In Missouri, the statute of limitations for filing a car accident claim is five years from the date of the accident. This means that if you were involved in a car accident on January 1, 2020, you would have until January 1, 2025, to file a claim. If you do not file your claim within this time frame, you will likely be barred from receiving any compensation.
It is important to note that there are some exceptions to this rule. If you are filing a claim against a government entity such as the state of Missouri or a local municipality, you may only have 90 days to file a claim. In the event that your loved one was killed in a drunk driving accident, the family only has three years from the date of death to file a claim. Remember, the deadline for a wrongful death claim does not begin from the date of the incident.
WHAT HAPPENS IF YOU TRY TO FILE AFTER THE DATE HAS PASSED?
In this case, the defendant will likely file a motion to dismiss with the court. In the majority of cases, the court will grant this motion, and that will end your chance to file a claim. Having a personal injury lawyer at your side can avoid this problem.
HOW TO PROVE THAT THE OTHER DRIVER WAS AT FAULT FOR THE ACCIDENT
To receive compensation after a car accident, you will need to prove that the other driver was at fault. There are several ways to do this. First, you can look to see if the other driver was cited for a traffic violation at the time of the accident. If they were, this would likely be enough to prove that they were at fault.
Another way to prove that the other driver was at fault is by looking at witness statements. If there were any witnesses to the accident, their testimony can be very helpful in proving that the other driver was at fault. Finally, you can look at the police report to see if the officer who responded to the accident determined that the other driver was negligent and responsible.
THE LOSSES YOU MAY BE FACING AFTER A CAR ACCIDENT
If you have been involved in a car accident, you may be facing a number of different losses. First, you may have incurred medical bills as a result of your injuries. You may also have lost wages if you were unable to work because of your injuries. Finally, you may have suffered property loss, such as damage to your car.
These are just some of the losses that you may be facing after a traffic collision. If you have been injured in an accident, it is important to speak with an experienced car accident attorney to discuss all of the losses that you may be entitled to receive compensation for.
HIRING A SAINT JOSEPH CAR ACCIDENT ATTORNEY - THE MONTEE LAW FIRM
If you have been involved in a car accident, you may be wondering whether or not you need to hire an attorney. The answer to this question depends on a number of factors. First, you will need to determine whether or not you have a valid claim. If the other driver was clearly at fault for the accident, your option to file is clearer.
However, if the other driver is denying liability or if there is some question as to who was at fault for the accident, you may want to consider talking to an attorney. An experienced car accident attorney will be able to investigate your claim and help you determine who was at fault for the accident. Additionally, an attorney can help you negotiate with the insurance company to try and reach a fair settlement.
If you have been involved in a traffic collision, contact the experienced Saint Joseph car accident attorneys at the Montee Law Firm. Our attorneys will review your case for free and help you determine what your next steps should be. Contact us today to schedule your free consultation.
We can be reached at (816) 364-1650. If it is more convenient for you, you can also contact us online.
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