Can I file a personal injury claim in Missouri?
If you have been injured due to someone else’s negligence in Missouri, you may be eligible to file a personal injury claim. Personal injury claims can be complicated and time-consuming, but they are often necessary if you want to receive the compensation you deserve. In this article, we’ll break down the basics of filing a personal injury claim in Missouri, so you can make an informed decision about whether or not to pursue legal action.
What Is a Personal Injury Claim?
A personal injury claim is a legal action taken by an individual who has been injured through the negligence of another person or organization. The injured party files the claim against the responsible party in order to seek compensation for pain and suffering, medical bills, lost wages, and other damages related to the accident. In Missouri, all personal injury claims must meet certain criteria, including:
• The defendant must have owed a duty of care to the plaintiff;
• The defendant breached that duty of care;
• The breach of that duty caused an injury to the plaintiff; and
• The plaintiff suffered damages as a result of that injury.
In order for a personal injury claim to be successful in Missouri, these four criteria must be met. If any one of them is not met, then the plaintiff will not be able to sue for damages.
How Do I File a Personal Injury Claim in Missouri?
The first step in filing a personal injury claim in Missouri is to contact an experienced personal injury attorney who can assess your case and determine whether or not you have a valid claim. Your attorney will review your medical records and other evidence related to your accident, and will advise you on how best to proceed with your case. Once you have decided to pursue legal action, your attorney will draft a demand letter outlining the damages you are seeking from the defendant. This letter should include details about your injuries and losses as well as any insurance policies that may be applicable.
Your attorney will then contact the defendant’s insurance company or legal team and negotiate on your behalf for an appropriate settlement offer. If negotiations are unsuccessful, your attorney may recommend that you take your case to court. However, before doing so it is important that your attorney review all the relevant laws governing personal injury claims in Missouri so that they can properly prepare your case for trial.
What Kind of Damages Can I Receive in My Personal Injury Claim?
In most cases, successful plaintiffs are awarded both economic and non-economic damages as part of their personal injury settlements or court awards. Economic damages typically cover any medical expenses incurred as a result of the accident, as well as lost wages due to missed work days or future earning potential if an individual’s ability to work has been permanently affected by their injuries. Non-economic damages are intended to compensate victims for pain and suffering related to their injuries as well as emotional distress caused by the accident itself. In some cases, punitive damages may also be awarded if it is found that the defendant’s negligence was particularly egregious.
When Should I File My Personal Injury Claim?
In Missouri, there is a statute of limitations that governs how long victims have to file their personal injury claims after they have been injured. This time limit varies depending on the type of case being filed but generally speaking it is five years from the date of the accident or three years from when an individual discovered his/her injuries were caused by another party’s negligence (whichever comes first). It is critical that individuals affected by an accident seek legal advice as soon as possible after an incident occurs so they do not miss out on their chance at receiving compensation for their losses.
Filing a personal injury claim in Missouri can seem daunting at first but with help from an experienced lawyer it does not have to be overwhelming. By understanding what kind of evidence you need to prove your case, working closely with your attorney throughout every step of the process, and filing within the appropriate time frame, you can ensure that your rights are preserved and that justice is served accordingly.