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Missouri Accidents FAQMissouri Accident FAQ
What should I do following an accident?
Immediately following the accident, if you are able, make sure everyone is okay. If you feel you may need medical attention, be sure to get it. Even if you believe you are suffering from minor injuries, see a doctor as a precaution. Save all the paperwork and photos you have from the accident, in case you decide to file a lawsuit--or in case you are sued by another party.
Why should I file a lawsuit?
Even if the other driver's insurance company offers to settle with you, the company does not have an interest in making sure you receive all the money you are entitled to. Furthermore, there may be more complex issues involved in your situation. You could face loss of current and future wages, costs of medical care and loss of quality of life.
What if the accident was partly my fault?
Even if the accident was partly your fault, you may still be eligible to file a lawsuit. Missouri follows the principle of comparative fault (or comparative negligence) when determining compensation for a car accident. This means that even if you were partly to blame for the accident, you may still recover monetary damages for your injuries. All that happens is those damages are reduced by the amount of blame you share for the accident.
For example, if you are given 40 percent fault in the accident and your damages are deemed to be $100,000. You would be awarded the $100,000 minus 40 percent, which leaves you with $60,000. So, even if you are partially to blame for the accident, you can still file a lawsuit.
Missouri is a pure comparative fault state, which means that even if you were 99 percent at fault in the accident, you could still file a lawsuit.
Why should I contact an attorney?
An Missouri accident attorney can contact witnesses on your behalf and gather evidence to show that you are entitled to receive monetary damages from your car accident. Furthermore, there may be factors that complicate your situation. For example, if the accident was caused by a defective part in an automobile or an improperly maintained roadway, there may be other people or organizations liable for your injuries.
How soon should I contact an attorney?
You should contact an attorney as soon as possible following your accident. Although witnesses may come forward immediately following an accident, their memories can fade over time. An attorney can contact them right away to hear what they have to say about your accident, before their memories fade. An attorney can also visit the accident scene and speak with the people who treated you following the accident. Finally, depending on your situation there may be a statute of limitations for you to file a lawsuit. The sooner you contact an attorney to get the process started, the better.
What types of monetary damages might I receive?
Depending on the accident, you may receive both economic and non-economic damages. Non-economic damages include awards for pain and suffering, loss of enjoyment of life, mental and emotional suffering, disfigurement and loss of consortium.
Economic damages include cost of medical care (such as surgeries, rehabilitation and domestic services) loss of earnings and loss of earning capacity.
Additionally, if someone acted in bad faith or had intent to cause harm, you may be entitled to punitive damages.
What if my car accident was caused by a defective part?
If your accident was caused by a defective part, the company responsible for manufacturing the part and/or the vehicle manufacturer may be liable for your injuries.
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Last updated on May-24-11