At The Gogel Law Firm, our St. Louis car accident attorney knows that pursuing damages after being hurt in a collision in Missouri can be confusing — especially if you take the insurance company’s word for it.
Instead of believing what the insurance company representative says about your claim, you have the option to consult with a personal injury attorney who can review your case, and outline your legal rights and options to pursue a claim against the at-fault party.
To help you understand your eligibility to file a personal injury claim in Missouri, ask yourself the following questions, so you can make informed decisions about your case.
Was I Responsible for Causing the Accident?
Missouri follows pure comparative negligence laws, which means that even if you are partially at fault for the accident occurring, you may still be eligible to receive compensation. If you are found to be at fault in some way, the damages received would be deducted in relation to the percentage of faults.
For instance, if a negligent driver runs a red light and hits your car, causing $10,000 in injury damages, we must prove that the driver was 100% liable for the crash for you to receive the full amount. If it is determined that you had time to avoid the reckless driver, it may be determined that you were 20% at fault for the crash, which means you may be eligible to pursue 80% of the damages, or $8,000. If you were more than 50% at fault for the crash, you cannot pursue the other driver for your financial recovery.
Did I Seek Medical Treatment Immediately After the Crash?
Before you can file a personal injury claim in Missouri, you must prove that you suffered actual injuries. The insurance company is simply not going to take your word for it.
This means you must have sought care with a medical professional that resulted in legitimate medical records, documentation of your injuries, and a treatment plan.
If you did not seek medical care, the insurance company can only surmise that you are either not that hurt, or that you suffered the injuries in another incident that is unrelated to their policyholder.
Did I Talk to Anyone After the Crash?
After a car accident occurs, nearly everyone’s first response is something that can be misconstrued going forward, so it is best to say nothing that strays from the facts. Even excited utterances like, “I didn’t see you!” or “I’m so sorry!” can imply that you were at fault for the crash.
In addition, if the at-fault party’s insurance company reaches out to you at any point, avoid giving a recorded statement until you speak with a skilled St. Louis car accident attorney first.
Did I Gather Any Evidence from the Crash Scene?
Depending on the extent of your injuries, you may not have had the opportunity to take pictures of the crash scene and its surroundings or gather other evidence that may support your claim.
We can help.
We will request a copy of the official police accident report to learn what law enforcement believed happened, and who was at fault, request interviews with witnesses, or obtain camera footage from the scene that shows the crash taking place. If you were able to gather any evidence from the scene, be sure to share it with your attorney during the initial consultation.
Contact Our Experienced Car Accident Attorneys in St. Louis, Missouri Right Away
Contact our St. Louis personal injury attorney today to review your case by calling (314) 370-8173 or online to schedule a free consultation to learn more about your legal rights and options to pursue the insurance company for your damages, so you can focus on your physical and emotional recovery while we handle the details of your claim.
