Missouri Auto Accidents
If you suffer from injuries sustained in Missouri because of a car collision caused by another driver's fault, then you may be able to receive monetary compensation for your damages, losses, and/or injuries, along the following lines:
- Repair or replacement of your vehicle and any property that was damaged or destroyed in the accident, including personal property that was stored in your vehicle
- Costs or out-of-pocket expenses that you have incurred because of the automobile accident, such as towing and storage fees
- Cost of hiring help to do household chores (cleaning, lawn care, cooking, shopping, childcare, etc.) that you are no longer able to perform due to your personal injury
- Past, present, and future bills for medical treatment related to your auto-accident injuries
- Permanent disability and disfigurement damages stemming from the automobile accident
- Emotional distress damages stemming from the automobile accident
- Lost wages for time missed from employment (including time spent going to doctors' appointments, physical therapy, and court appearances)
- Any lost future earning capacity because of the automobile accident injuries.
What Is the Deadline for Filing a Missouri Accident Claim?
Missouri's statute of limitations law affords injured victims a generous five-year time limit from the date of an auto accident to file a claim against the at-fault driver. This statutory deadline is more lenient than the periods provided by most other states. However, there are some exceptions to this deadline, as well. That said, time is still of the essence in asserting a legal claim stemming from a Missouri car accident. As a result, it is a wise idea to seek out prompt legal counsel from a car accident lawyer as soon after you have obtained appropriate medical treatment as possible. Any delays could hamper or prejudice your claims and interests significantly, if not fatally.
If you are not able to successfully negotiate a voluntary settlement with the other driver involved in your crash (or that driver's auto insurer), then you and your Missouri-based car accident attorney should consider filing a civil suit. That suit will most likely be filed in Missouri's state court system. The suit must begin before the statute of limitations period ends and time runs out for asserting your car accident injury claim.
The Role of Negligence in a Missouri Auto Collision
In order to collect a monetary recovery from a car accident claim, Missouri law requires you (or your auto collision lawyer on your behalf) to prove the other driver was negligent in his driving conduct. You must show the following components to assert and prevail in your car accident claim in Missouri:
- The driver who caused your injuries had a responsibility and legal duty not to injure you and failed to live up to that legal duty.
- There is a connection between the other driver's responsibility and your resulting personal injury.
- You suffered damages or a financial loss as a result of the automobile accident.
Missouri Has Adopted a Tort Liability System
Missouri has adopted a system of tort liability for auto accident laws, as 27 other states have similarly done. These tort liability states permit the litigation process (namely, personal injury law) to address the damages that stem from car crashes within the state. There are no thresholds or legal limits otherwise placed upon injured victims' abilities to file lawsuits. Thus, if you are involved in a Missouri car accident, a party will be determined to be the cause or "at fault" for the accident that occurs. Once that party is considered at fault under Missouri auto accident law, he or she becomes legally responsible for all resulting damages from the crash. Those damages are usually processed through the auto insurer of the at-fault driver. Because Missouri is classified as a tort liability state, many auto insurance companies even suggest to their driver clients that they consider buying higher auto insurance coverage limits than the state-required minimums.
Locate a Local Missouri Auto Collision Lawyer Today
A Missouri-based auto accident lawyer can help you navigate the court system to best position your claim for maximum favorable recovery. Call now to speak with an attorney in Missouri at 877-913-7222.