In a recent MoDOT report, the state of Missouri has seen a 2 percent growth in the number of car accident fatalities in 2021. Distracted driving, speeding, not wearing a seatbelt, etc., remain some of the significant reasons.
If you were in a car accident that caused injuries, car damage, or death, then you are liable to be compensated. Many of these accidents go unclaimed and unreported in Missouri. You must file a police report, a claim, and a lawsuit in case of settlement issues.
However, filing a lawsuit is not easy. And at times, it can give you cold feet. It is the reason why you should find the best Missouri car accident attorneys to get proper guidance.
What is a Car Accident Lawsuit?
Car accident lawsuits are the most commonly filed lawsuits in Missouri. These are tort cases that fall in the category of civil lawsuits. The victim of a car accident files these types of lawsuits. In most cases, the at-fault party’s insurance company will settle the claim without legal intervention.
But, in case the insurance company fails to settle the claim or there is a disagreement regarding the compensation amount, the victim should file a lawsuit. For this, you will have to hire a car accident attorney in Missouri, who will represent you in court.
Statute of Limitations
You have five years after the car accident to file a lawsuit as per the car accident laws of Missouri. After completing five years from the accident, you are barred from filing a lawsuit, regardless of the severity of injuries and damages.
Things To Consider Before Filing A Lawsuit
Here are ten things that you should keep in mind before filing car accident lawsuits:
1. Is It Worth Suing?
If the damages are non-existent, you can settle with an insurance claim. But, if the damage is severe and the insurance company is not paying appropriately, then filing a lawsuit is necessary.
2. Who Can Be Sued?
Missouri is an at-fault state. In a car accident, you can sue the vehicle’s driver. The insurance company of the driver will have to pay the claim.
3. Expected Settlement
Before you file a lawsuit, you must get an idea about the overall damages. Damages counted in the settlement are:
- Property damages
- Financial loss
- Medical cost
- Non-economic damages
4. Always Hire A Lawyer
You must hire the best Missouri car accident attorneys for court representation. They can help you through legal obligations. Furthermore, they can help in handling the insurance companies.
5. Act Quickly
It would help if you took action as soon as possible. When the insurance company fails to settle the claim, it is better to file a lawsuit quickly.
6. Collect Evidence
Both parties need to provide enough evidence like medical bills, photo and video evidence, witnesses, etc. You should collect the evidence from the beginning to have the upper hand in court.
7. Sign Documents Carefully
Always take help from your attorney before signing any legal document. They will help you understand legal terminologies and keep your rights in mind.
8. Proving Negligence
Proving negligence in court in car accidents can be tricky. But it would be best if you were prepared to prove; duty of care, breach, cause, and damages in court before filing a lawsuit.
9. Lawsuits May Take Time
Before filing a lawsuit and hiring Missouri car accident attorneys, you must keep the timeline in mind. These lawsuits can take anywhere from 1 year to 3 years to settle.
10. Fees of the Attorney
Lastly, you should consider the fees of the attorney. Talk to the attorneys and know their fees. If you are looking for a less costly option, choose contingency fees over hourly or flat rates.
Filing a lawsuit is a big decision, and it is always recommended that you talk to an attorney in Missouri beforehand. Your lawyer will help assess the case, collect evidence and help you get a fair settlement in the end.
