How to File a Personal Injury Claim in Missouri
Personal injury claims can become complicated very quickly. Not only are there laws involved, but also strict filing deadlines. So, understanding each step of the process is important. In this article, we explain the personal injury claim process – from filing your initial report all the way to settlement or litigation.
How Do You File a Personal Injury Claim in Missouri?
The process generally involves documenting your injuries, establishing liability – who was responsible for your injuries, understanding what insurance coverage is available and pursuing compensation for your losses. Most injury cases begin with an insurance claim and resolve through negotiation that results in an out-of-court settlement. But, when the parties fail to reach an acceptable settlement, filing a lawsuit may become necessary. Here is the basic process:
1. Get medical treatment
2. Gather accident evidence
3. Determine responsibility
4. Identify insurance coverage
5. Open an insurance claim
6. Document damages
7. Evaluate the claim
8. Send a settlement demand
9. Negotiate
10. File a lawsuit, if necessary.
In Missouri, under Section 516.120, you have five years to file a personal injury claim. But, there are exceptions to this timeline.
Step 1: Get Medical Treatment
Making sure you get medical care right away should be high on your priority list after you’ve suffered an injury. This can help identify to what extent you’ve been injured, prevent complications and put you on the road to recovery. It also creates medical documentation that helps establish when your injury happened, what symptoms you had, the diagnosis you got and the treatment you went through. Be diligent about following your doctor’s orders, going to your follow-up appointments and taking prescribed medications or physical therapy. If you abruptly stop treatment without your doctor’s guidance, unexplained gaps in your medical records may raise questions or doubts about the severity of your injuries.
Step 2: Gather Evidence of the Accident
Gathering evidence right after the accident can help you preserve important information when it’s still available. It’s important to get photos or videos of the accident scene. You can capture clear images of the vehicle damage, your injuries, roadway conditions, etc., on your smartphone, which might be the most convenient way to do it.
Be sure to get a copy of the police report. Obtain names and contact information for anyone who saw the incident because people’s recollections of what happened can change over time. Also, look for nearby surveillance cameras, doorbell cameras or dashcam footage that could help corroborate your account. Evidence can disappear quickly. So, make sure you preserve it before it’s gone. Your injury lawyer can also help you with this process.
Step 3: Determine Who is Responsible
In an injury claim, the plaintiff has the burden of proof to establish negligence on the part of the defendant. There may be one or more defendants such as a driver, property owner, employer, product manufacturer and so on. Some accidents may involve multiple defendants whose actions or failures may have caused your injuries. For example, a negligent driver and their employer could be held liable in a car accident. Identifying every potentially liable party sooner than later can help ensure that the relevant evidence is preserved – putting you in the best position to get the compensation you rightfully deserve.
Step 4: Identify Available Insurance Coverage
The next important step is to determine which insurance policies can help cover your damages. In many cases, it might be the at-fault party’s liability insurance. But, if the responsible party did not have enough insurance or was uninsured, then your uninsured/underinsured motorist coverage may be able to cover your losses. Your attorney can also help you determine if any other insurance coverage such as employer insurance might apply in your case. This can help ensure that you are not overlooking additional compensation or benefits, which you might be able to get.
Step 5: Notify the Insurance Company and Open a Claim
Make sure to notify the insurance company about the accident and only give whatever basic information is needed to open your claim. Once you report it, you should get a claim number. They’ll also give you the name and contact information of the adjuster who is handling your claim. Be very careful before you give recorded statements, especially when discussing fault, injuries or the extent of your damages. The insurance company may also ask you for permission to access medical records. Discuss any such request with your lawyer.
An insurance claim is just a process where the insurance company investigates an accident and evaluates damages. A lawsuit is a separate legal proceeding, which may become necessary if the insurance company refuses to offer a fair settlement and if your case cannot be resolved through negotiations.
Step 6: Document Your Damages
Keep detailed records of all the losses you suffered because of your injury. This includes all medical expenses, hospital bills, doctor visits, medications, rehab costs and other treatment-related expenses. Keep track of income you lost because of your injury, if you had to work reduced hours or if your injury kept you from taking on a job. If your injury resulted in your loss of ability to earn a living, you may be able to seek compensation for lost future income or reduced earning capacity as well.
Also, it’s important to document your pain and suffering, including how the injury has impacted your day-to-day activities. Keep track of out-of-pocket expenses like transportation, medical equipment or needing household help. Keep all your documents organized including receipts, pay slips, medical records and any correspondence because thorough documentation can help properly show the full extent of your damages.
Step 7: Determine the Value of Your Claim
There is no standard settlement formula that can put a value on your injury claim. That value depends on the facts and circumstances of your case, and each case is unique. Several factors can affect the value of a case including:
· How severe your injuries are, the treatment you need and how it’s affected your life as a whole.
· Liability matters. When the fault in a case is clear and is substantiated by strong evidence, you stand a better chance of getting fairly and fully compensated.
· The available insurance coverage can also determine how much compensation you can realistically recover in your case.
· Future damages such as ongoing medical care, permanent injuries or lost earning capacity can also determine the value of your injury claim.
Step 8: Send a Settlement Demand
A settlement demand letter or package basically explains your claim and asks that the insurance company resolve it. The demand letter should present a clear, organized summary of why you are entitled to compensation and what exactly you are seeking. Start with the evidence that can show who was responsible such as accident reports, photos, videos, witness statements, etc. Include all relevant medical documentation like bills, doctor’s reports and treatment records.
Clearly outline your damages including medical expenses, lost income, pain and suffering, etc. Finally, state the settlement amount you are requesting and how you arrived at that number. Make sure you’re keeping copies of everything you send. Including a reasonable deadline for the insurance company to respond would also be helpful.
Step 9: Negotiate with the Insurance Company
Once you submit your claim, the insurance company will investigate the accident and review all the documentation. Then, they will most likely make you an initial settlement offer. This might not fully account for your medical expenses, lost wages, property damage, pain and suffering and other losses. You can respond with a counteroffer. If the insurance company disputes liability or tries to minimize your injuries or damages, you may need to look at your legal options.
Before accepting any settlement, carefully review the offer with your attorney. When you sign the settlement release, you’re essentially giving up your right to pursue additional compensation for the accident.
File a Personal Injury Lawsuit if Necessary
If the insurance company denies your claim or refuses to offer you fair compensation, filing a personal injury lawsuit may become necessary. These are two different processes. While a claim is a demand for compensation made to the insurance company, a lawsuit is a civil proceeding that formally asks a court to award damages.
Your lawyer will file the lawsuit or complaint describing the accident injuries and legal claims. The defendant must be formally served with the lawsuit. During the discovery process, both sides typically exchange relevant information and take depositions where parties or witnesses may provide sworn testimony.
Settlement negotiations continue throughout this process. The parties may also participate in mediation to resolve the dispute. If no agreement is reached, the case may move on to the trial phase where a judge or jury determines liability and damages. Most personal injury cases in Missouri end up settling out of court. But, some do go to trial.
Missouri Personal Injury Claim Filing Deadlines
You usually have five years to file most personal injury lawsuits under Missouri Revised Statutes Section 516.240(4). But, you may have less time to file in some situations. For example, medical malpractice lawsuits generally must be filed within two years of the alleged negligent act. Exceptions apply there as well. Injury claims against governmental entities may have other notice and procedural requirements, which is why an attorney’s guidance is very important.
It is also important to understand that insurance negotiations don’t necessarily preserve your right to sue. In other words, continuing to negotiate with an insurance company does not automatically extend your deadline to file a personal injury lawsuit. Missing the deadline to file a lawsuit can result in losing your ability to pursue compensation through the courts.
How Comparative Fault Affects Missouri Personal Injury Claims
Under Missouri’s “pure comparative fault system,” you can seek compensation even if you are partly responsible for an accident. But, the amount you get in the end could be reduced by the percentage of fault. So, for example, if a jury awards $100,000 in a case and your percentage of fault is 30%, you could still receive $70,000. What this means is when there are arguments about who is responsible, that could end up affecting the eventual value of a personal injury claim. Insurance companies often try to pass the blame on to the injured person to avoid paying them what is due. This is why you need an experienced attorney on your side who can help establish fault and liability by presenting strong evidence.
How Long Does a Missouri Personal Injury Claim Take?
There is no universal timeline for a Missouri personal injury claim. While some claims resolve within months, others could take much longer. Cases where injuries are severe can take longer because you need that time to evaluate the full scope of injuries and future medical needs. Claims that involve multiple parties or disputes over who is liable, could also take longer. If negotiations don’t result in a fair settlement, filing a lawsuit may become necessary. This could extend the timeline because of the time it takes for discovery, court hearings and a trial.
Common Mistakes When Filing a Personal Injury Claim
· Waiting to seek treatment: Delaying medical care leads to questions from insurers about whether your injuries were serious.
· Failing to preserve evidence: When you don’t have photos, accident reports, proper medical records, receipts, witness statements, etc., your case may not be as strong.
· Making problematic statements to insurance companies: Don’t admit fault or make statements to adjusters that can be taken out of context and used against you.
· Posting on social media: Your photos, posts or comments may also be used against you to challenge your injuries or your version of what happened.
· Settling too early: Accepting an offer before understanding your future medical needs may leave you with inadequate compensation.
· Missing filing deadlines: Not filing your claim within the Missouri statute of limitations could prevent you from pursuing your injury claim.
Do You Need a Lawyer to File a Personal Injury Claim in Missouri?
You don’t need an attorney simply to open an insurance claim after an injury in Missouri. But, legal representation can become quite valuable when your claim involves serious injuries, significant medical expenses and long-term effects. An attorney can also help when there is dispute over who is liable or when multiple defendants are involved. If an insurance company does not offer a settlement that covers your damages, a Missouri personal injury lawyer can negotiate on your behalf or take the case to trial.
Missouri Personal Injury Claim FAQs
How do I start a personal injury claim in Missouri?
A good place to start is to report your accident, seek medical treatment, document your injuries and losses, preserve as much evidence as possible and notify the insurance company.
Is an insurance claim the same as a lawsuit?
No. An insurance claim is the request you make to an insurance company for compensation. A lawsuit is a formal legal action you file in court when a dispute can’t be resolved through negotiations.
How long do I have to file?
In Missouri, you generally have five years to file a personal injury claim. But, exceptions may apply in your case. Talk to an injury lawyer about the deadlines for your specific situation.
Can I file a claim without an attorney?
Yes, you can handle an insurance claim on your own. But, an attorney will be extremely valuable if your case involves serious injuries, disputed liability or if you need long-term care.
What happens if the insurer denies your claim?
Your attorney can help look at why the claim was denied, work to provide additional evidence and negotiate with the insurance company. You may need to file a lawsuit if a fair settlement can’t be reached.
Can I recover compensation if I was partially at fault?
Yes, Missouri follows pure comparative fault rules, which means your compensation may be reduced depending on your percentage of fault.
Properly documenting your injuries, expenses and evidence can help make your personal injury claim stronger. Understanding the deadlines that apply to your case can also help protect your rights to compensation. If you have questions about your accident or what your case may be worth, you don’t have to endure the process on your own. Contact our law firm to discuss your case. We provide free consultations.
Kansas City personal injury attorney James Roswold of Kansas City Accident Injury Attorneys handles cases dealing with victims of personal injury, medical negligence, wrongful death, workers compensation, nursing home negligence, premises liability, product liability, car accident, truck accident and motorcycle accident cases.