Were you hurt in a car accident for which you were partially at fault? If so, you might be wondering about your ability to recover fair compensation for what you’ve suffered. Here’s what you need to know.
How Does Fault Affect Your Financial Recovery?
Missouri applies a pure comparative negligence standard for car accidents. Under this system, each party in an accident is assigned a percentage of fault based on their contribution to the collision. The percentage of fault dictates how much money you can recover in an insurance claim or lawsuit. For example, if a court would have awarded you $100,000 but determined you to be 40 percent at fault for an accident, you could still recover $60,000 from other at-fault parties.
How Is Fault Determined In A Car Accident?
Your lawyer will thoroughly investigate the details and circumstances of your case to evaluate the liability of all potentially responsible parties. To establish the fault of other parties, your lawyer will obtain all available evidence, which may include the following:
- Accident reports
- Photos and videos of the accident scene
- Traffic camera videos
- Eyewitness testimony
- Expert witness analysis and testimony
- Automobile maintenance records
- Toxicology test results
- Medical records
- Cell phone records
What Compensation Can I Receive After A Car Accident?
You can receive compensation for your injuries and financial losses related to a car accident if you can establish the liability of another party. Your attorney will advise you concerning the categories of compensation you can pursue, but they typically include money for the following:
- Medical expenses
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Mental distress
Your attorney will develop a strong case on your behalf by obtaining all necessary records and documentation to support your losses. They will communicate and negotiate with the insurance companies involved. If the insurance companies dispute liability or the nature and extent of your losses and refuse to offer you the full and fair settlement you deserve, your attorney will not hesitate to file a lawsuit. To initiate your case, they will prepare and file a complaint, the initial pleading that details how the accident occurred and the injuries and losses you sustained.
How Soon Do I Have To File A Lawsuit After the Accident?
The time to file a personal injury lawsuit after a car accident is not unlimited. The Missouri statute of limitations sets the deadline by which a lawsuit must be filed. The deadline to file suit is five years from the date of the accident. Although this may seem like a long time, it is best to contact an attorney immediately after the accident so they can start developing a robust case on your behalf.
Call The Hayden Law Firm St. Louis Accident & Injury Lawyers Today
Looking for a good car accident attorney in St. Louis? Then contact The Hayden Law Firm St. Louis Accident & Injury Lawyers as soon as possible after the accident so we can start building your case. We understand that the legal system may be intimidating, especially when you are trying to recover from your injuries. We will handle all aspects of your car accident case and answer all your questions along the way. Contact us today to get started and speak to Amanda L. Hayden in a free consultation.
