- July 19, 2024
- Kelvin Birk
- Car Accident
If you suffered damages in a car accident that wasn’t your fault, you may not have to get a lawyer to represent you, but most often it would be to your benefit to do so. Missouri is an at-fault state for car accidents, so if another driver was at fault, their insurance company should pay your bills and compensate you for your losses up to the policy limits. However, this does not always happen, and losses can exceed policy limits, so there are many cases when you need an experienced lawyer to fight for your rights and the compensation you deserve.
Insurance companies are out for profit, and have high-powered lawyers working for them attempting to find ways to pay out as little as possible. They often deny claims or try to pay less than your case is worth, especially if you are not aware of the actual value of your damages and do not know how to navigate the system. If they get you to say something that may indicate you contributed to the accident, your settlement will be reduced substantially.
That is why it can be very helpful to have an experienced car accident attorney working to secure the maximum value for your accident claim as soon as possible. Most attorneys work on a contingency basis and offer a free consultation, so there are no fees to you until they win your case.
How a Car Accident Lawyer Works for You
When insurance companies resist paying fair compensation even in a car accident that was not your fault, your lawyer will have to take certain steps to win your case. A good lawyer gets to work for you immediately and will:
- Meet with you to discuss how the accident happened, who you think the at-fault parties may be, and consider all your damages to provide an honest assessment of your case to determine what should be fair compensation
- Investigate the accident thoroughly, gathering evidence such as photos and videos from the scene and from police, ambulance and medical reports, and interviews with witnesses and first responders
- Consult with experts in accident reconstruction and experts who can testify as to your costs, damages, and the expected effects on your life
- Demand a damage award that covers all your losses, and negotiate aggressively for maximum compensation
- Build your case and take your case to trial to prove fault and win fair compensation that covers all your losses, if necessary.
Damages Awards You May Recover for a Car Accident
While insurance should pay for your medical bills and property damage up to the limit of your policy, a good car accident lawyer may be able to recover a damage award that goes beyond the limits of insurance. In a successful lawsuit, you should be entitled to recover payment for both your economic (monetary) losses and your noneconomic damages that do not have a specific dollar value, but negatively impact your life. These may include:
- Medical and therapy costs
- The expense of personal care and assistance with household chores
- Costs to repair or replace property damaged in the accident
- Loss of income and benefits, including lost future earning potential
- Physical and emotional pain and suffering
- Loss of enjoyment of life and consortium
- Permanent impairments, disabilities, scarring, and disfigurement.
Damage award amounts can vary greatly, from the thousands to millions of dollars. The amount you receive will depend on the circumstances of the case, the extent of damages, the severity of injuries, and degree of fault involved. The skill and negotiating ability of your attorney are also a factor.
Car Accident Attorneys Must Prove Negligence
To win your case, your personal injury lawyer would have to prove that another party or entity was negligent and at fault for causing the accident that injured you. Proving negligence legally involves showing the existence of the following elements:
- Duty. The defendant had a legal obligation not to cause harm.
- Breach. The defendant failed this obligation through unsafe actions or failure to act.
- Cause. This breach was the legal cause of the accident.
- Damages. You suffered damages (harm measured in dollars) as a result.
In some cases, there may be multiple defendants. For example, in addition to the driver who crashed into you, defendants may be a corporation, if the accident involved a corporate truck; the manufacturer of a defective car part that failed; or a municipality or road repair company that didn’t fix or warn of dangerous road conditions. An attorney can investigate to find all possible at-fault parties and hold them accountable, as they all may have assets or insurance that can go toward a settlement.
Can a Car Accident Lawyer Help if I’m Partially at Fault for the Accident?
Missouri is a pure comparative negligence state, so you can be partially at fault and still be awarded compensation. However, according to statute 537.765, if you did something to contribute to the car accident, the amount of your damage award will be reduced by your share of fault. For example, if you were found to be 20 percent at fault for the accident, and the settlement was for $100,000, you would be able to still collect $80,000.
Your attorney will know how to investigate your case to find evidence that the other parties involved were negligent, so you are less likely to be found at fault.
Get Help from a Car Accident Lawyer You Can Trust
If you or a loved one has been in a car accident that is not your fault, you can trust Birk Law to help. Birk Law Firm is a small firm by choice that is big on client services. You can count on us for strong legal counsel, from investigations to negotiations to settlement to trial, and we will fight for the compensation you deserve.
Don’t delay. Missouri has a deadline, a statute of limitations (Title XXXV section 516.120) for filing a lawsuit; you must file within five years of the date of the accident for both personal injuries and damage to personal property. In cases where the accident resulted in death of a family member, a case for wrongful death must be filed within three years from the date of the person’s death. If you fail to file your case within these time limits, the courts are likely to refuse to hear it.
Call our Cape Girardeau car accident lawyer at 573-332-8585 to schedule your free consultation today.
GET HELP NOW — CALL 573-332-8585
Attorney Kelvin Birk
Kelvin Birk is a lawyer as well as a certified public accountant, with more than 30 years of experience in accounting and tax and business consulting, and more than 20 years of experience in numerous legal matters. This combined expertise allows our law firm to provide a level of service above that of other firms. Whatever your legal situation, your attorney at Birk Law Firm can counsel you as to the tax implications. We have experience in providing myriad legal representation services to residents of southeast Missouri and other areas.. [ Attorney Bio ]
