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How do I calculate damages in a car accident case?
Calculating economic damages tends to be straightforward as they are based on actual financial losses. You add up medical bills, property damage receipts, proof of lost wages, and any other out-of-pocket expenses related to the accident.
Non-economic damages are more subjective and can vary greatly. These are often calculated using a "multiplier" method, which involves multiplying the economic damages by a number (the multiplier) that represents the severity of the injuries. The multiplier can range typically from 1.5 to 5, or even higher for extremely severe or life-altering injuries.
Factors that can influence compensation include:
- Severity of injuries: The more severe the injuries, the higher the medical costs and potential for long-term impacts, which can lead to a higher overall compensation.
- The extent of property damage: Greater property damage can result in higher repair or replacement costs, increasing the total compensation.
- Impact on quality of life: If the accident has significantly affected your quality of life (e.g., inability to perform previous activities, requiring ongoing medical care), this can increase the compensation.
- Fault: As we mentioned above, Missouri's pure comparative fault system reduces your compensation by your percentage of fault in the accident. For example, if you're found to be 30% at fault and your damages total $100,000, you can only recover $70,000.
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Does Missouri cap the amount of damages you can seek in personal injury claims?
Missouri does not cap the amount of economic damages or non-economic damages that a car accident victim can recover. However, punitive damages are capped at $500,000 or five times the net amount of the judgment, whichever is greater.
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How much compensation can car accident victims recover?
As we mentioned above, every case is different, and as a result, car accident settlements can vary significantly based on the specific circumstances of the accident.
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How Does Missouri Handle Car Accident Claims?
Before we get into the subject of compensation amounts, it's first important to understand how Missouri law handles motor vehicle accidents.
Missouri uses an "at-fault" system to handle car accident claims. This means that the driver whose actions were responsible for causing the accident will be responsible for compensating any other parties involved for their damages. These damages could include medical bills, property damage, lost wages, and pain and suffering (we'll explain more below). The at-fault driver's insurance company typically covers these expenses up to the policy's limit.
Determining fault in a car accident involves investigating the accident circumstances, examining evidence, and applying traffic laws to understand who caused the accident. Police reports, witness statements, photos from the scene, and professional reconstructions can all play a part in determining fault.
Comparative Negligence When Both Parties Are At Fault
Missouri uses a "pure comparative negligence" rule in car accident cases. This means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault.
For example, if you were 20% at fault for the accident and suffered $10,000 in damages, you would only be eligible to recover 80% of that amount, or $8,000.
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What is the statute of limitations for filing a car accident claim?
In Missouri, a car accident victim has five years to file a lawsuit to recover compensation for a car accident injury. In the event of a lethal crash, surviving family members have three years to file a wrongful death suit.
It's important to note that the statute of limitations for filing a lawsuit is different from filing a car insurance claim. While the statute of limitations on a lawsuit stemming from a car accident is years, any insurance company will require you to make an insurance claim or give notice that a claim will soon be filed "within a reasonable amount of time," which typically means a few days to a few weeks.
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What should I avoid doing after a car accident?
Avoid admitting fault, providing speculative statements, or signing any documents from insurance companies without consulting your attorney. Additionally, refrain from discussing your case on social media or with anyone other than your St. Louis car accident lawyers.
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How long does a car accident claim take to resolve?
The duration of a car accident claim can vary depending on the complexity of the case, the extent of your injuries, and whether a settlement is reached or the case goes to trial. Your attorney can provide an estimated timeline based on their experience with similar cases.
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Do I need a lawyer for my car accident claim?
While it’s not legally required, hiring a car accident lawyer can significantly improve your chances of securing fair compensation for your injuries and damages. An experienced St. Louis car accident attorney can help you navigate the complexities of the claims process, negotiate with insurance companies, and protect your rights.
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Who is responsible for my medical bills after a car accident?Initially, you may have to cover your medical bills through your health insurance or out-of-pocket. However, if the other driver is at fault, you can seek compensation for your medical expenses through their insurance or by working with St. Louis car accident lawyers to file a personal injury claim.
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What if there is not much property damage to my car, do I still have a claim?Yes, your claim may be eligible. It’s never a good idea to shrug off an auto accident. Even if there is not much superficial damage, the crash might have damaged internal components on your car, which can be costly and time-consuming to repair.
What Our Clients Are Saying
NGK Has A National Reputation for Helping the Injured Obtain the Compensation They Deserve
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