After you get medical attention, you can determine if your claims are severe enough to justify a civil accident claim. USAttorneys recommends you speak with an accident lawyer near you in Missouri to determine how to proceed with your claim.
Four Common Accidents in Missouri
Traffic Accidents
Traffic accidents are one of the leading causes of accidental death in the U.S. Statistics from the Missouri State Highway Patrol show that 766 people were killed and 47,977 were injured in traffic accidents in 2014. If a careless motorist hurts you, you may be eligible to significant compensation for your medical expenses, rehabilitation costs, and other damages.
Workplace accident
According to the Missouri Department of Labor, there were 28,000 serious workplace injuries that involved missed days at work, occupational restrictions or a job transfer in 2015. Most injuries incurred in a workplace accident are covered by Missouri’s worker’s compensation fund. However, in some instances, workman’s compensation settlements are not enough to cover a victim’s total expenses, lost productivity and pain and suffering, so the injured turn to an accident lawyer to help them recover additional compensation.
Can a Missouri lawyer help accident victims recover damages for property loss and injury?
Catastrophic accidents can leave people with long term physical, emotional and financial ruin. In a split second, an accident can lead to harm, injury, damage, loss, or wrongful death casualty. Experienced legal professionals can represent the interests of accident victims toward financial compensation to cover related losses. Depending on the duty of care owed by the negligent party to the accident victim, regardless if the accident occurred at work, on someone’s property, in the hospital, on vacation, during a recreational outing, or in a motor vehicle, a lawyer will do their best to build a strong claim, based on evidence to prove fault.
Accidents were found to be the fourth leading cause of death in Missouri.
In Missouri, accidental deaths are in fourth place according to the Centers for Disease Control and Prevention data list. While losing a loved one to an accident is unimaginable and very often the focus of large financial awards in court, surviving an accident with catastrophic physical, mental, and emotional injury, and subsequent property damage can cause lingering financial devastation to a family. An experienced accident lawyer in Missouri can address those losses toward a comprehensive insurance settlement, or court award.
What types of accidents result in legal action toward fiscal recovery?
Medical malpractice, motor vehicle injury, personal injury, premises liability injury and worker’s on-the-job injuries might result in legal action in pursuit of economic, and non-economic damages in Missouri. Punitive damages may also be awarded in specific cases.
Motor vehicle.
Victims who have suffered loss from car accidents may have questions about how Missouri laws will affect property damage and personal injury claims when someone else was at fault. Under Missouri law, victims have the right to pursue compensation from insurance, whether they were a pedestrian, a cyclist, or riding in a vehicle when an accident occurred. If negligent acts, such as drunken driving, reckless driving, or distracted driving caused the accident, criminal charges may be filed by the state, in addition to a victim’s civil action for damages.
Missouri drivers must be able to provide proof of the required state insurance amounts when requested. Missouri follows a “pure comparative fault” system and drivers will be responsible for the percentage of fault assigned to them regarding damage compensation. A claim must be filed within five years from the date of the accident in most cases, but guidance from a Missouri lawyer is recommended in case deviations of that timeline are supported by case facts.
Personal injury.
Under Missouri Code, an accident victim has five years to file a case against injury, loss, or damages as a result of the action, or inaction of another, in order to recover compensation when fault and/or liability can be proven, and the victim was owed a duty of care.
Premises liability.
Individuals who have been hurt, or suffered loss on another person’s property may have a premises liability claim, if the loss was related to poor conditions on the property, improper maintenance, or upkeep of the property, including negative interactions with occupants and animals on the premises. A property owner’s responsibility depends on the standard of care owed to the injured person, based on the reason for their visit to the property. An invitee is owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of claims.
Medical malpractice.
The state of Missouri specifies timelines to follow regarding medical malpractice actions when an individual is injured while under the care of a health care provider. The statute of limitations is commonly within two years of the injury, or knowledge of the injury, except in specific cases where an attorney can offer professional guidance.
Senate Bill 239 was signed into law in 2015, and established caps on the amount of non-economic damages recoverable by a plaintiff in a medical malpractice action. The cap is based on an increased annual scale and 2020 amounts are $435,176 for non-catastrophic injuries, and $761,558 for catastrophic injuries. Punitive damages may be awarded under Missouri law, only if it is found that the injury complained of was maliciously intended, or was the result of willful, or wanton misconduct by a health care provider.
Workers’ compensation.
The Missouri Department of Labor can be helpful for cases when a person becomes injured on the job, or contracts an illness that is job-related, they can make a worker’s compensation claim for monetary damages. Injuries may be caused by an accident, or event that results in physical injury, a medical condition that develops over time caused by repetitious use of a body part, or a condition associated with the workplace environment itself.
Wrongful death.
A wrongful death legal action is a particular type of lawsuit that is brought by loved ones, or a personal representative of someone who dies because of the negligent, reckless, or deliberate act of another. A wrongful death attorney can assist with the assessment of damages in these lawsuits to include:
- Medical bills and burial expenses
- Compensation for lost wages
- Compensation for the pain and suffering
- Punitive damages that are intended to punish the person who caused the death, on a case-by-case analysis.
Compensatory damages.
Victims can recover compensatory damages including:
- Economic damages for present and future lost wages, medical bills, future medical care, household expenses and
- Non-economic damages for pain and suffering, mental anguish and loss of consortium, or companionship.
Punitive damages.
When a defendant’s actions are found to be intentional, and harmful, punitive damages may be awarded to punish them as a means to deter future similar acts. Missouri law allows punitive damages in cases where harm and intent are proven.
Seek legal counsel after an accident.
Missouri accident victims should consult with an attorney who can provide options to loss recovery. Counsel will be able to represent victims in court, objectively speak for them against an insurance company’s legal team and act toward a fair monetary award.
