It is helpful to know what steps to take after an accident in St. Louis  Missouri so a victim can recover damages for property loss and personal injury.  An experienced personal injury attorney can guide victims throughout the process of insurance claims, document compilation, and litigation when necessary. Immediately after a car accident, drivers should:

  • Check for injuries, and make sure all passengers and cars are safely out of harm, including moving vehicles off busy roadways when possible.  If anyone at the scene is injured, call 911 for emergency medical personnel to respond as well as police.  It is important to get a police report to support claims of fault.
  • Gather your driver’s license, registration, and proof of insurance, and take pictures of the scene and the vehicles, making sure to get a shot including the car license plate. Exchange insurance information with the other driver.
  • Do not discuss how you think the accident occurred.  The claim will be worked out between the police, the insurance company, and attorneys, when necessary.
  • Visit a doctor immediately after you experience pain, or after the accident just to be safe, and maintain a medical record of any possible injury that could pop up at a later date that is related to the accident.
  • Keep records of all doctor visits, treatment plans and adherence to those plans.
  • Call your insurance company as soon as possible.

Insurance.

Insurance may cover damages resulting from an accident, but may be reduced by each party’s degree of fault in accordance with Missouri’s “pure” comparative fault rule, where the compensation an injured person receives is directly impacted by the percentage of  fault assigned to them.

Damage claims.

Claims can be made for compensatory damages that cover both economic and non-economic losses, such as lost wages, medical bills, legal fees, and costs of property replacement as well as pain and suffering.  Because there are no caps or award limits for personal injury accident claims in the State of Missouri,  there is a high probability that an accident victim could receive compensation for damages that exceed amounts covered by insurance.

Statute of limitations.

Missouri has a statute of limitations of five years from the date of the accident for injury claims and three years for wrongful death to file a legal claim with the court. Legal counsel can advise an injured party on any exceptions.

If an accident occurred in any Missouri City, due to negligence in a government facility or it involved negligent acts by a government employee, there is a ninety (90) day statute of limitations to file a personal injury accident claim with Missouri Office of Administration’s Risk Management Division.

Seek legal counsel.

An experienced accident attorney can assist with legal action toward the best financial outcome, possibly exceeding insurance settlement offers.  They can help with factors that require specific knowledge of Missouri civil injury law, building a case on scene evidence, witness testimony, medical records, and police reports.

Sources.

 

http://revisor.mo.gov/main/Home.aspx#T35

http://revisor.mo.gov/main/Home.aspx

https://oa.mo.gov/content/risk-management-1