After an unexpected injury occurs, most people are left with far more questions than answers. Who pays for medical bills? What happens if the other driver has no insurance? How long will the case take, and what if you were partly at fault? These are standard, valid questions — and the answers depend on your specific situation.
Our St. Louis personal injury attorney at the Gogel Law Firm believes informed clients make the best decisions about their recovery and their future. That’s why we take the time to explain your rights, your legal options, and what to expect at every step of the process. During a free consultation, we answer your questions directly — no pressure, no jargon, and no cost — so you can understand your options before deciding how to move forward.
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Below are the 10 most common questions we hear from Missouri injury victims, along with clear, straightforward answers to help you begin to make sense of what comes next.
1. How long do I have to file a personal injury claim in Missouri?
In most cases, you have five years from the date of the injury to file suit under Missouri Revised Statute §516.120. However, cases involving wrongful death or claims against a city, county, or state agency have much shorter deadlines, sometimes as little as 90 days to give notice. Missing these can permanently bar recovery, so early consultation is critical.
2. What happens if I was partly at fault for the accident?
Missouri follows a pure comparative fault rule. That means even if you were 99% at fault, you can still recover 1% of your damages. The court reduces your award by your percentage of fault. Insurance companies often exploit this rule to blame victims, so evidence collection and legal representation are key.
3. How does not wearing a seat belt or helmet affect my case?
Not wearing a seat belt cannot completely bar your recovery. Still, under Missouri law, it may reduce your compensation by up to 1% if the defense proves it contributed to your injuries. Helmet use in motorcycle cases is more complex and depends on whether the rider was exempt under current Missouri law (RSMo §302.026).
4. Should I accept the insurance company’s first offer?
Rarely. Initial offers are often strategically low and designed to close your claim before you understand the full cost of medical care or future complications. In Missouri, once you sign a release, your claim is closed forever. Always consult an attorney before accepting or signing anything.
5. What if the driver who hit me was uninsured or underinsured?
Missouri requires uninsured motorist (UM) coverage on every auto policy. If the at-fault driver had no insurance, you can file a UM claim with your own insurer. If their policy limits are too low, you may use underinsured motorist (UIM) coverage. Missouri also allows stacking—combining multiple policies to increase available compensation.
6. What damages can I recover in a Missouri injury case?
In most cases, you can pursue:
- Economic damages: medical bills, lost income, and property loss.
- Non-economic damages: pain, suffering, emotional distress, and loss of enjoyment of life.
- Punitive damages: awarded only for reckless or intentional conduct, such as drunk driving.
Missouri does not cap damages in standard injury cases, though caps apply in medical malpractice suits under §538.210.
7. What should I do immediately after an accident?
- Call 911 and file a police report.
- Take photos of vehicles, injuries, and surroundings.
- Collect contact info for witnesses.
- Seek medical treatment, even if injuries seem minor.
- Avoid giving recorded statements or posting online about the incident.
Quick documentation protects your credibility and strengthens your claim.
8. How much does it cost to hire a personal injury lawyer in Missouri?
Most injury attorneys, including ours, work on a contingency fee basis—meaning you pay nothing upfront and no fees unless we win. The fee is typically a percentage of your recovery. You should also ask about potential costs (medical records, court filing fees) and whether they’re deducted before or after attorney fees.
9. How long does a Missouri personal injury case take to resolve?
It depends on the complexity of the case and whether it settles or goes to trial. Many settle within six to twelve months, but catastrophic or disputed liability cases can take longer. Missouri courts encourage early mediation, but insurers often delay or deny claims until litigation pressure builds.
10. What happens if someone dies from their injuries?
A wrongful death claim under §537.080 allows family members to seek damages for medical expenses, funeral costs, lost income, and companionship. The right to sue is prioritized: first spouses and children, then parents, then siblings. The statute of limitations is three years from the date of death, not the date of injury.
Contact Our Skilled St. Louis Personal Injury Attorneys Today for Help
Every Missouri injury case is unique. Knowing your rights early can make the difference between fair compensation and losing the opportunity to recover at all. Whether your case involves a car crash, truck collision, workplace injury, or medical malpractice, our experienced Missouri personal injury attorneys can help you navigate the complexities and protect your future.
Contact us at (314) 370-8173 or online today to discuss your claim during a free consultation.
