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Missouri's personal injury statute of limitations is five years for filing a claim.
After the victim discovers the injury, they have five years to file the personal injury claim. If they don't do so within the time limit, they will likely be ineligible for a settlement or court case.
A statute of limitations is important for both criminal and civil actions. In the latter setting, it starts on the date of the injury or when it was discovered, such as in malpractice or car accident claims.
Usually, the statute of limitations is there to preserve evidence and testimonials. These can have less credibility in time because people often misremember events, and police stations might lose or contaminate items.
It's important to work with an experienced car accident attorney who understands Missouri law and how the statute of limitations applies. They can also explain the slip and fall statute of limitations in Missouri.
About the Missouri Car Accident Statute of Limitations
The Missouri personal injury statute of limitations is the time restriction imposed on victims for filing lawsuits during a personal injury claim in civil actions.
Usually, civil actions include various cases, such as medical malpractice, wrongful death, workers' compensation, and more. Regardless, victims have five years from the injury date to pursue personal injury claims.
Suppose one is injured in a Missouri truck accident because of someone else's intentional wrongdoing or negligence. In that case, it's crucial to work with a personal injury attorney to recover compensation for damages, including lost wages and medical bills. They can also assist with the motorcycle accident statute of limitations in Missouri.
Reasons for Missing the Filing Deadline
Personal injury lawsuits are often complicated, and Missouri's personal injury statute of limitations doesn't offer much time to start the case. Accident victims may miss the deadline for a wrongful death claim for these reasons:
Don't Hire a Lawyer Quickly - Hiring a lawyer for a car accident case ensures that victims file before the deadline. However, waiting to do this can be problematic. Sometimes, the attorney won't have time to draft the claim.
Focused on Recovery - Auto accidents are stressful, and victims often focus on healing first. Though this is important, the demands of recovery can distract them from the legal case.
Serious Health Problems - Missouri truck and car accidents often lead to paralyzing or otherwise serious injuries. Victims might not even realize the filing deadline has passed. If their family members aren't aware of this issue, they may not hire a lawyer in time.
Assume the Negligent Driver's Insurance Company Will Pay - Most insurance companies won't offer fair compensation because they want to save as much money as possible. Working with them instead of hiring a lawyer immediately is risky because the victim might miss the statute of limitations deadline.
File the Case on Time According to Missouri's Personal Injury Statutes of Limitations
Here are a few steps to reduce the victim's risk of missing the filing deadline for car accident cases:
Don't Assume the Issue Is Minor
Victims often believe their injuries are serious for these reasons:
No visible injuries
No significant damage to vehicles
No significant pain after the accident
No comprehensive medical examination to reveal injuries
Feeling required to ignore the injuries suffered
Whiplash and similar injuries take a while to manifest the symptoms, so it's important to get medical treatment immediately after the car accident.
Don't Assume Insurance Companies Are Fair
Whether it's a car accident, medical malpractice, or wrongful death lawsuit, victims often assume that their insurance company will process everything fairly. This doesn't always happen, and it's important to work with a reputable lawyer.
Insurance companies prioritize their own financial gains and motives. Victims must advocate for themselves with a lawyer, or the other party's insurer might:
Offer lowball settlements that won't cover the damage (convincing the victim it's fair)
Delay the lawsuit process, which causes the filing deadline to expire
Accuse the victim of causing the accident, which might eliminate or reduce the insurer's financial liability
Refuse to cover accident-related losses
Deny the personal injury claim outright
Try to confuse the victim about the details of the case
Take the victim's actions or words out of context
It's always best not to speak to the insurance adjuster until discussing things with a lawyer. They will help the victim understand their rights and negotiate a fair settlement.
How a Personal Injury Lawyer Benefits Victims
Before hiring a lawyer, it's important to know what they'll do and how they will assist. Their obligations might vary slightly, but they will likely:
Gathers Appropriate Evidence Quickly
The evidence a lawyer gathers will affect the outcome of the case. Therefore, they should work quickly to collect video footage, witness accounts, and other documentation showcasing the truck accident.
Details the Damages
Attorneys document the damages with as much detail as possible. This can include X-rays or other images of the injuries, medical bills relating to the accident, diagnoses, treatment plans, and more.
Calculates Fair Settlements
It's impossible for St Louis semi accident attorneys to negotiate a fair settlement without having a financial target in mind. Before they speak to the at-fault party's insurance company, they'll value the case based on non-economic and economic damages.
Negotiates a Fair Settlement Before the Missouri Statute of Limitations Deadline
The lawyer will likely negotiate compensation on the victim's behalf. Usually, truck accident cases don't go to trial, so settlements are the quickest way to receive payment.
However, it's important to note that the attorney will not advise a victim to accept a low settlement offer. They will work hard to ensure fair compensation.
Handles All Aspects of the Case
Most victims don't realize how much work goes into a lawsuit. Lawyers must draft paperwork, make calls, and deal with the minor and large details of the case.
Everything about the case is important, and most victims don't know how to file everything and stay organized. Therefore, it's wise to hire a lawyer.
File a Personal Injury Lawsuit with a Reputable Law Firm
After being injured in a truck or car accident, it's crucial to work with a personal injury lawyer who understands the rules and how they apply to each case. This means focusing on the truck accident statute of limitations in Missouri and more.
Powell Law Firm is available to assist victims after they've suffered injuries during a Missouri truck accident. Request a free consultation by calling today.