Missouri Car Accident Lawsuit
When Should I File a Missouri Car Accident Lawsuit?
Missouri law does not limit lawsuits after a car accident as some states do. You can file a lawsuit regardless of the extent of your injuries or expenses. As an at-fault state, Missouri allows you to get compensation from your own insurer, a third-party insurer, or a lawsuit against the negligent parties.
Whether or not you should file a lawsuit depends on the situation. The best person to advise you on this step is a Missouri car accident lawyer. Attorneys and firms specializing in personal injury and car accidents have extensive experience with other clients. They can’t promise an outcome but can tell you the chances of settling or winning a lawsuit.
In general, you may want to consider filing a lawsuit if you have high expenses, if the insurance compensation is inadequate, or if your injuries are severe. Injuries that result in long-term or permanent disabilities or that hinder your ability to work often warrant a lawsuit.
Is There a Time Limit on Filing a Car Accident Lawsuit in Missouri?
The statute of limitations in Missouri gives you five years from the time of the accident to file a lawsuit. If the negligent party is a government agency or employee, you must follow a different procedure. You have less time to file a formal complaint or claim in these cases, so talk to a lawyer immediately.
What Are the Steps in a Missouri Car Accident Lawsuit?
The first step is to find the right lawyer to represent you. Choose a lawyer who focuses on accidents and personal injuries and has extensive experience working with victims in Missouri. The right lawyer will guide you through some or all of these steps:
- Filing the complaint
This is the official document to begin a lawsuit. Your lawyer will include information about the accident, what you’re seeking, and the defendants. - Discovery period
Once the lawsuit has begun, both legal teams have time to investigate, collect evidence, talk to witnesses and experts, and build a case. This is called discovery, and it may also include sharing of information and depositions. - Negotiating a settlement
Many cases end here with a pre-trial settlement because a trial can be long and costly for the defendants. Defendants, and their insurers, are often willing to settle, even if they don’t admit blame or negligence, to avoid trial. - Litigating at trial
You can always push your case to trial if you feel a settlement offer is inadequate. A trial can take months to years and will delay your receipt of compensation. You also run the risk of losing the jury verdict and getting nothing. - Appealing
Either side in the case can appeal a jury verdict. This means the decision goes to a higher court in Missouri, where a judge may reverse the jury’s decision and any compensation.
How Will My Lawyer Prove My Case if it Goes to Trial?
A car accident lawsuit is a case of negligence. This means your lawyer must prove a few basic elements to show a jury that you deserve compensation:
- The defendants breached a duty to drive or maintain a vehicle up to a certain standard.
- Their actions, or inactions, directly resulted in the accident.
- The accident caused your injuries.
- Those injuries resulted in monetary, and possibly also non-monetary, damages.
Your lawyer knows what is necessary to prove negligence and liability. This may include police reports, photographs or videos of the accident, witness statements, your medical records, and any bills related to the accident.
How Much Can I Recover from My Missouri Car Accident Lawsuit?
An experienced lawyer can give you a good estimate of damages to expect in a lawsuit. They cannot promise or guarantee that you will get that amount.
Damages amounts in car accident lawsuits vary depending on state laws and individual factors:
- How severe your injuries are
- If you have any lasting injuries or disabilities
- Your current medical bills and any future expected expenses
- Lost wages and lost future earning potential
- Emotional trauma, pain and suffering, and other non-monetary factors
Missouri law also limits what you can recover based on comparative fault. If you share any of the blame in the accident, the courts reduce the jury award by the same degree.
Examples of Missouri Car Accident Lawsuits
It may help to see examples of other Missouri car accident lawsuits before deciding to file. These give you an idea of what outcomes can be for victims. They also show what a good lawyer can do to resolve a case:
- $14.2 Million Verdict for Motorcycle Accident. Australian tourists Daniel and Tanya Woodgate were touring the state by motorcycle in 2018 when they suffered injuries in a crash. A local winery employee made a left turn in front of the group of bikers, throwing the Woodgates from their motorcycle. Daniel suffered a serious traumatic brain injury. Their legal team took the lawsuit to court and won the jury award.[1]
- $1.25 Million for Fatal Accident. Charles Waddill, while working for his employer, struck pedestrian Timothy Wilson in Columbia in 2020. Waddill had been speeding and was under the influence. Lawyers representing Wilson’s children settled with Waddill and his employer’s insurers.[2]
- $5 Million Settlement for Fatal Bus Accident. Bridgett Blasi settled with First Student, a school transportation company after a bus struck and killed her son Mason in 2010. The driver failed to inspect the bus adequately. Frosty conditions obscured her vision, which likely contributed to the accident.[3]
These accidents had devastating consequences for the victims and their families. If you also suffered serious injuries or lost a loved one to a Missouri car accident, consider filing a lawsuit to recover damages.