You got in a car accident. Can you get money for your injuries? Maybe. Learn what St. Louis personal injury lawyers Mullen & Mullen have to say.
In some states, like Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Tennessee, Utah, and West Virginia, if you are at least 50% or more at fault for your injuries you are barred from recovery. In other states, this number bumps up to 51% responsibility. And in South Dakota, if you have any negligence beyond “slight negligence,” you can’t recover anything for your injuries.
In other states and places, like the District of Columbia, Maryland, North Carolina, and Virginia, you can’t recover anything for your injuries if you contribute to them in any way.
Sounds a little harsh and ridiculous, does it not? But, that’s the way it works for them.
So what’s the case here in Missouri? When can you and can’t you recover for the injuries you experience in a car accident?
Take a look at some of the guidelines to check:
- In Missouri, You Can Always Recover
Let’s say you’re 99% at fault for a car accident you caused here in St. Louis or anywhere in Missouri. Can you recover damages against the other driver for the 1% negligence they had?
The answer is yes. Your recovery, however, will be adjusted by your percentage of fault. If your damages were $100,000.00, for example, you would only recovery $1,000.00. You’ll likely have a difficult time finding a lawyer who would take a case like that on unless you sustained very severe injuries or the accident involved a fatality.
- Determining Negligence
Fortunately, Missouri law is straightforward and gives consumers like you a fairer shake. Our first office is in Texas, and we don’t feel that’s always the case with personal injury claims there.
But in Missouri, you can feel fairly comfortable that – if you have a straightforward case – you’ll likely get fair compensation for your injuries.
Determining negligence simply means checking to see if the other party’s actions meet the following criteria:
- The defendant owed you a duty to refrain from committing a certain act
- They breached that duty
- This breach in duty caused your injuries
- The defendant should have known their actions would cause you injuries
- You the plaintiff suffered actual damages, such as lost wages, hospital bills, a damaged car, and so on
Never to Talk Insurance Companies By Yourself!
Even though laws are fairer to consumers here in Missouri, that doesn’t mean insurers won’t try to wiggle their way out of paying.
Remember, the other person’s claims adjuster wants to minimize what they pay you – or not pay you at all. They often get paid more money the less they pay out. So, they’ll take a recorded statement and try to get you to say something that reduces what you can get instead. Or, they’ll try to settle with you fast before you know the full extent of your damages.
Be smart. Don’t fall for it! Contact a personal injury lawyer to make sure you get a fair shake instead. Personal injury lawyers talk with you for free to get to know your case. The worst that can happen is you learn you’re getting a fair offer from the insurance company.
So, there’s no risk to you.