Missouri Statute of Limitations for Car Accident Claims
December 10, 2018 | Car Accidents
Missouri’s Statute of Limitations for car accident claims sets a time-limit on how long someone has to file a car accident claim to receive compensation for damages. If you are in a car accident and aren’t sure if you are eligible to make a car accident claim, your local lawyer will know the Missouri Statute of Limitations and traffic laws and help you file a car accident claim.
What is Pure Comparative Negligence?
If the damage is done in a car accident, to recover damages you must prove who is liable for the accident. This is done by proving negligence. Each state has a definition of what constitutes negligence, and your personal injury lawyer will know Missouri’s rules on negligence. Missouri law follows the rule of ‘pure comparative negligence’. Pure comparative negligence allows for at-fault drivers to receive compensation for car accident damage depending on the level of ‘fault’ they have in the accident.
For example, if a driver is 99% at-fault for an accident they can receive compensation for their damages. The amount that they are eligible to receive is determined by the percentage of the accident the driver is at-fault for. This percentage is determined by the court, and the amount of compensation that is awarded is based on this percentage of ‘fault’. Someone with 65% ‘fault’ in a car accident will receive more in damages than someone who is 80% at-fault. If you have $20,000 of damages as an at-fault driver and are 80% at-fault for an accident, you may receive approximately $4,000 in damages if it is proved that other drivers caused the other 20%. If you are found to be 100% at-fault for an accident, you are not eligible to receive compensation for damages.
Missouri’s Statute of Limitations for Car Accident Claims
A Statute of Limitations is a law that puts a limit on the amount of time that someone has to file a car accident claim or lawsuit. This law is in place to prevent false claims from receiving compensation, which keeps the legal system fair and just. Missouri Statute of Limitations states that people have 5 years to file a car accident claim. Past this period of time, a claim is not seen as valid in the eyes of the court. This is because any evidence from the accident will have had time to deteriorate and will be unusable in court.
Can I Still File a Car Accident Claim After Missouri’s 5-Year Statute of Limitations?
Missouri Statute of Limitations varies for different types of personal injury. The Statute of Limitations does not kick in for medical malpractice claims until the person harmed is aware that they were harmed. For example, if you had surgery and didn’t find out until later that the surgeon left clips still inside of you, the Statute of Limitations doesn’t kick in until you file an official report. For car accidents and other personal injury claims, this is hardly ever possible. There isn’t anything to ‘discover’ in the case of the source and the nature of the harm suffered from the car accident. As such, this would make it nearly impossible to prove that your car accident claim is valid after the 5-year Statute of Limitations in Missouri.
Missouri Limits on Car Accident Damage Awards
Some states place a limit on the amount of economic (property damage, personal physical injury) and non-economic (mental distress, loss of affection) awards that a person can receive for injuries from a car accident. Missouri does not have a cap on car accident damages and the amount of money that someone can receive in damages from a car accident. Missouri Statute of Limitations does however place a limit on how long the person injured has to file a car accident claim to be eligible to receive damages.
How Do I File a Car Accident Claim with a Missouri Lawyer
Filing a car accident claim with a Missouri Lawyer is as simple as gathering evidence from the accident, getting an official medical report of your injuries, and calling a personal injury lawyer to assess your case. A local lawyer will analyze your case, determine the strengths and weaknesses of it, and help you file a car accident claim with your insurance company. It is important to wait until calling a personal injury lawyer to file an insurance claim.
A car accident lawyer can make sure that the facts of your case are accurately given, that the insurance company won’t try and get you to take a lower settlement and that you ultimately have the best chance of winning your case. Once a claim is filed, your lawyer will handle talking to the insurance company on your behalf, negotiating for the highest amount in damages, and will serve as a mediator in your car accident case between you and the insurance company. They will give you updates on the details of your case periodically and make sure that you fully understand what is going on. If you have been involved in a car accident and think that you have a car accident case that should be reviewed by a lawyer, feel free to contact the Dixon Injury Firm to learn more about how your car accident claim could win with the help of their personal injury lawyers.