Missouri Rear-End Accident Settlement Amounts

Rear-end crashes are one of the most common types of car accidents we see in Missouri. Many of us tend to assume that these types of crashes may not result in serious damages or injuries. But, the reality is that a rear-end crash can cause serious injuries that result in costly medical treatment and chronic pain.

While you may be able to seek compensation for your damages and losses, there is no standard settlement amount in a rear-end accident claim. These amounts can vary significantly from case to case. The value of your case could depend on a variety of factors including the seriousness of your injuries, the extent of property damage, the insurance coverage that’s available and the strength of evidence that’s needed to establish liability.

In this article, we’ll go into what factors affect Missouri rear-end accident settlement amounts, the injuries commonly sustained in these types of crashes and what steps you can take to maximize the value of your personal injury claim.

What is the Average Rear-End Accident Settlement in Missouri?

The first thing you need to know that that there is no one single number or average that accurately represents what a rear-end accident case might be worth. The major factor that ends up influencing the value of a claim in a rear-end crash case is injury severity.

When you suffer soft tissue injuries or muscle strains from which you recover in a few days or weeks, such a situation could result in minor settlements. These are cases where you might not need to go to the doctor often or face long-term complications. You may only need a few sessions of physical therapy or need to take a few days off work without.

If you suffered injuries such as herniated disc, broken bones or shoulder injuries that need months of medical treatment and physical therapy, then you may receive a moderate settlement. The difference here is that in such cases, you are facing higher medical expenses. You may be losing a lot of income because you need to take time off. Or, you may be in pain and unable to carry on with your usual activities.

The largest settlements come when you’ve suffered a major, life-changing injury. Examples of such injuries are brain damage, spinal cord trauma and internal organ damage that might have left you permanently disabled or in need of several surgeries and nursing care. These settlements will not only take into account the medical expenses you are facing now, but also future challenges like reduced earning capacity, pain and suffering and other long-term effects that could affect your overall quality of life.

The settlement averages you see online usually don’t account for the differences you see from case to case. For example, you may be looking at lower insurance policy limits. Or, the severity of injuries could vary a lot from case to case. This is why every case needs to be looked at individually. Generalized averages are not very helpful.

What Factors Affect a Missouri Rear-End Accident Settlement?

Severity of your injuries: How serious your injuries are can be a huge factor when it comes to your final settlement amount. So, if your injuries are severe and you need a lot of medical treatment, time off work, hospitalization, surgery and rehab, then your settlement amount will be significantly higher. Injuries like herniated discs, multiple broken bones and brain trauma will take your settlement to the higher end.

Medical expenses: Medical costs also play a major role in determining the value of your case. Insurance companies often look at both your current medical bills and the cost of treatments and therapies you may need in the future. Some medical expenses that can quickly add up soon after the crash include ambulance transportation, emergency room care, diagnostic imaging and hospitalization. Ongoing treatment such as doctor visits, medications, physical therapy and/or chiropractic care, can also increase the value of your claim.

If surgery becomes necessary, that causes settlement amounts to rise even more because of the higher medical costs, longer recovery periods and greater pain and discomfort involved. In major injury cases, future medical care may include additional surgeries, rehab, pain management, assistive devices or in some cases, 24/7 nursing care.

Lost income and future earnings: A rear-end accident can also disrupt your ability to work and earn a living. If this happens, you can also seek compensation for your lost wages, which might include missed income, overtime, bonuses, commissions and other benefits that you would have earned if the accident had not happened.

Some injuries have long-term financial repercussions. If you have permanent physical limitations, you may be forced to reduce the number of hours you work. You may be forced to accept a position that pays less. Or you may have to leave your profession altogether. In these situations, your compensation should include damages for diminished earning capacity, which reflects the difference between what you could have earned before the crash and what you are expected to earn in the future.

Pain and suffering: Missouri law also allows car accident victims to seek compensation for the physical pain and emotional distress they suffer as a result of their injuries. Physical pain includes both the immediate pain and discomfort after the crash as well as any ongoing health issues or pain that continues after the treatment. Many also experience emotional issues such as anxiety, depression, fear of driving, insomnia or post-traumatic stress after a serious crash. Compensation may also be available for loss of life’s enjoyment, especially if your injuries prevent you from doing the things you enjoyed before the crash such as spending time with family, travel, hobbies, working out, etc.

Insurance coverage and available policy limits: How much insurance coverage is available is another factor than has an impact on your final settlement amount. Even if you’ve suffered major, life-changing injuries, your recovery can’t exceed the amount of insurance or personal assets the at-fault driver has. But, you may be able to seek more compensation from the at-fault driver’s

uninsured or underinsured motorist coverage, other umbrella insurance policies or by filing claims against other parties whose negligence might have contributed to the crash. Identifying all of the available insurance coverage is really the key when it comes to maximizing a settlement.

Comparative fault under Missouri law: Missouri follows a “pure comparative fault system,” which means an injured person can still recover compensation even if he or she were partially responsible for the crash. But, their recovery may be reduced by their percentage of fault. For example, if a jury awards the victim $100,000 in damages, but determines that the injured driver was 20% responsible for the crash, the victim’s final recovery would be $80,000. While read-end collisions often place primary responsibility on the following driver, liability is not automatic. Issues such as sudden or unnecessary braking, faulty brake lights, unsafe lane changes, etc. can change the way in which fault is assigned and eventually affect the settlement amount.

Common Injuries in Missouri Rear-End Accidents

Injuries in a rear-end accident can be severe. Some common injuries we see in rear-end collisions include:

Whiplash: This is the most common injury in rear-end crashes. Symptoms may surface little by little and could improve with treatment and therapy. But, if you suffer chronic pain or can’t move freely, your case value could go up.

Neck injuries: If you’ve suffered nerve damage, ligament tears or muscle strain that leaves you with chronic pain, your settlement value could increase. Often, such situations call for specialized treatment, which could get expensive.

Back injuries: Spinal trauma and vertebral injuries may result in back pain that could stop you from doing everyday things – whether it’s picking up your children or going for a run. It could also force you to stop working, which is why back injuries can increase your case value.

Herniated discs: A disc injury can prevent you from going in to work as well in addition to needing surgery and therapy. This is why herniated disc injuries can also lead to larger settlements.

Concussions: While they are often categorized as “minor” head injuries, concussions can cause severe symptoms like intense headaches, dizziness, memory issues as well as cognitive problems. More lasting symptoms like these usually increase settlement values.

Traumatic brain injuries: When your brain suffers trauma, it is highly likely that you’ll suffer lasting effects like cognitive problems, loss of focus and changes in behavior. This might mean you lose your livelihood or need long-term care, which drives up costs and the value of your case.

Shoulder injuries: Torn rotator cuffs or shoulder dislocations can be painful. They can also limit your arm movement. Again, those who suffer these injuries end up needing surgery and physical therapy, which means your settlement value could go up.

Knee injuries: A broken knee cap or torn knee ligament may need surgery, physical therapy and more time for you to recover. When such injuries prevent you from moving freely or returning to work, your settlement values typically go higher.

How to Maximize Your Rear-End Accident Settlement

1. Get medical treatment right away. This way, you take care of your health and create a paper trail that connect your injuries to the incident. This makes it much harder for an insurance company to say you didn’t do your part to get medical help and prompt treatment.

2. Follow your doctor’s orders. Make sure you’re going to scheduled appointments, completing treatments and taking your prescribed medications. Insurance companies often point to gaps in treatment to raise the point that your injuries were not serious or that you recovered sooner than you claimed.

3. Maintain detailed records of your symptoms. For example, a journal describing the pain you are experiencing, what you can or can’t do physically and what you’re going through emotionally, can help show how the injuries are impacting your daily life.

4. Preserving evidence strengthens your case. It’s a good idea to preserve any evidence that can help strengthen your claim. So, we’re talking here about photos of the crash scene, any visible injuries and vehicle damage. Keep medical records, car repair estimates and other invoices. Keep a record also of any back-and-forth emails with insurance companies. Get contact information for eyewitnesses whenever possible.

5. Do not accept quick settlement offers. Insurance companies often throw out lowball offers before you can even begin to understand the full extent of your injuries. Taking a quick offer means you won’t be able to get more compensation at a time if or when your condition gets worse.

6. Speak with an attorney before accepting any settlement. An experienced car accident lawyer can help you assess all damages, talk to insurance companies on your behalf and make sure all evidence is preserved. They’ll also make sure that you get a fair settlement that properly covers all your current and future losses.

Frequently Asked Questions

How long does a rear-end accident settlement take?

The time it takes could really depend on whether the insurance company is arguing about how severe your injuries are or about who is liable. But, if everything is pretty clear cut, your case could settle in a few months. A more complicated case that needs to go to trial, for example, could take a year or longer.

Can I recover compensation if I was partially at fault?

Yes, Missouri follows a “pure comparative fault” rule, which means you can get compensation even if you were partially responsible for the crash. One thing to remember here is that your recovery will be reduced by the percentage of fault that’s assigned to you.

What damages are available in Missouri?

You can seek damages for medical costs, future medical needs, lost income and earning capacity, property damage, pain and suffering, emotional distress and loss of life’s enjoyment.

Do most rear-end accident cases settle?

Yes, most rear-end accident claims are settled out of court rather than in a jury trial. Settlements can save everyone time and money spent in litigation. But, in cases where you don’t get a fair settlement, going to trial may become necessary.

Protect Your Rights After a Missouri Rear-End Crash

Every rear-end crash is different. This is why settlement amounts can vary quite a bit. The value of your claim depends on factors like the severity of your injury, what you spent for medical care, the wages you lost and available insurance coverage, among other things. Understanding how these factors affect your compensation can help you set realistic expectations and make informed decisions as you go through the claims process.