Personal injury accidents can occur anywhere.
If a person is injured at work, at a public place, in a car accident, or in someone’s home, there are actions to take to counter the negative effects to future income and quality of life. If another party’s negligent acts were the cause of an injury, making a claim to cover costs above the insurance settlement amounts paid out for car accidents, worker’s compensation, or premise liability claims should be considered. This is done by building a case against the other party to secure compensation for any negative changes to a person’s life resulting from the accident, including loss of current and future income, medical bills, pain and suffering and wrongful death claims. A qualified accident attorney in Chesterfield Missouri will be able to assist in protecting future compensation to cover losses, bills incurred, other damages and injuries that reduce an accident victim’s previous quality of life.
Legal actions toward compensation for damages related to personal injury accidents begin with a basic understanding of Missouri State laws.
- Missouri has a statute of limitations (a time period for filing a claim) of five (5) years from the date of the accident. You must file your claim with a Missouri court that has jurisdiction over your injury within that time-period or lose the ability to file a case, although there are sometimes exceptions to the rule and legal counsel will be able to advise an injured party.
- 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. It must be filed with the Missouri Office of Administration’s Risk Management Division.
- The reason for a personal injury accident lawsuit is the pursuit of 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. In some cases, punitive damages are awarded as an additional punishment to the person being sued. The value attached to the request for award depends on the individual case and costs of medical expenses, rehabilitation bills, current and future lost wages, and the amount of pain and suffering the victim experiences. Since pain and suffering is subjective, it will be based on a compilation of evidence provided to the court by a personal injury lawyer with comparisons to life before the accident contrasting life after the accident.
- Damages for an injury accident 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 may receive might be reduced in accordance with the degree of fault assigned to them. If an accident victim is found to be 10% at fault for the injury, their total award may be reduced by 10%, and if a person is 99% at fault for an injury, they still would be entitled to 1% of an award.
- There are no caps or award limits for personal injury accident claims in the State of Missouri, which means there is a high probability that an accident victim could receive damages that exceed amounts covered by insurance.
Contact an attorney.
Action toward the best legal outcome and financial compensation that may exceed insurance settlements will include hiring a knowledgeable attorney at Kruse Law Offices, because personal injury accidents involve complex unique factors that require specific knowledge of Missouri civil injury law, and investigative capabilities to collect evidence and analyze it to most strongly support a negligence claim.
Kruse Law, LLC
2016 S. Big Bend Boulevard
Richmond Heights, Missouri 63117
Edward C. Kruse: [email protected]