Car accidents are terrifying experiences, often leaving serious injuries and lasting trauma. Unfortunately, the car accident compensation claim process in Missouri can add to the distress. But do you really need a car accident lawyer for Missouri accident claims?
Under Missouri 537.765, the law states the following:
“A defendant may plead and prove the fault of the plaintiff as an affirmative defense. Any fault chargeable to the plaintiff shall diminish proportionately the amount awarded as compensatory damages but shall not bar recovery…”
In other words, a car accident victim in Missouri may need an attorney to defend their right to the full value of their damages under the state’s pure comparative negligence system.
Understanding Fault-Based Car Accident Laws In Missouri
Missouri’s pure comparative negligence law allows car accident victims to recover a portion of their damages even if they were partly responsible for the accident. When this is the case, the insurance company deducts the injury victim’s percentage of fault from the amount they pay on the claim. For example, even if one driver tried to “beat” a traffic light by speeding through a yellow light and the light turned red, it would seem that they are 100% at fault for the accident if they hit another car broadside in the intersection and cause injury to a motorist.
But what if the insurance company’s investigator claims that the injured motorist was speeding and otherwise wouldn’t have been in the intersection? In this example, the insurance company could assign the injury victim 25% fault for the accident even if they had the right of way. Then, the insurer could reduce a $100,000 claim to a $75,000 payout.
How Does a Missouri Car Accident Lawyer Help?
Insurance companies have an incentive to assign fault to injury victims to protect their profits by reducing claim amounts. They often use other common tactics to devalue, delay, or deny claims. A car accident attorney does the following:
- Conducts an independent investigation into the accident by examining the police report and other evidence, interviewing eyewitnesses, and consulting with accident reconstruction experts
- Documents evidence of the at-fault party’s liability and protects their client from an insurance adjuster unfairly assigning them a percentage of fault
- Carefully calculates economic and non-economic damages like medical expenses, lost earnings, and compensation for pain and suffering to seek the full value of the damages or the policy limits
- Sends their findings to the insurance company
- Negotiates with the insurance adjuster and the insurance company lawyers to recover the largest possible settlement
- Seeks compensation from any other parties who share fault for the injury, such as a negligent road maintenance agency or the manufacturer of a defective airbag
About 96% of car accident claims are resolved through a settlement from the insurance company; however, a skilled car accident lawyer remains trial-ready throughout the process in case the insurance company fails to offer a full and fair settlement.
While a court case may take longer than a settlement, juries are often highly sympathetic to injury victims rather than siding with a powerful insurance company. This often results in a favorable verdict and a large jury award for the injured party’s damages.