Car accidents are not only terrifying and painful, but the car accident injury claim process often adds to the distress, just when you should be free to focus on physical and emotional healing. Unfortunately, the fault-based car accident laws in most states—including Missouri—require an injury victim seeking compensation for their damages to file a claim against the responsible party’s insurance. After the crash, many car accident victims want to know: do they need a car accident lawyer?
Did You Suffer Substantial Injuries?
You probably don’t need an attorney if your car accident was only a minor fender bender with no injuries; however, if you were hurt in the accident and your injuries required medical care and caused you to miss time from work, you have significant damages. Recovering compensation in a fault-based injury state like Missouri means your claim is filed against the responsible party’s insurance.
It’s important to understand that the insurance company is not on your side. Instead, insurers commonly protect their profits at the injury victim’s expense. Insurance companies use common tactics to devalue or deny claims, especially for those with large claims. You may need a car accident lawyer if you have substantial damages or if you are filing a St. Louis wrongful death claim because you lost a loved one in a Missouri car accident.
Is The Insurance Company Claiming You Were Partly at Fault or Mostly at Fault for the Accident?
If your car accident injuries resulted in expensive damages, like lost earnings, future income loss, or reduced earning ability due to disability, the insurance company may try to minimize what they pay on your claim by assigning you an undue percentage of fault for the accident. This allows them to reduce the amount they have to pay by your percentage of fault.
If the insurance company says that you were partly responsible for the crash and you know that you were not, you need assertive legal representation who can investigate, document evidence, and rebut the insurance company’s findings with clear and compelling evidence of the at-fault party’s full liability.
Did The Insurance Company Quickly Offer You a Settlement?
While we’d like to believe that insurance companies act quickly to honor their contract and cover your damages fairly, a fast settlement offer from the at-fault party’s insurance company is often a red flag indicating that you need a lawyer. When an insurance company reaches out quickly with a settlement, it’s often a lowball offer intentionally made before you could possibly know the full extent of your damages.
For instance, you could be facing additional medical procedures with missed time from work during your recovery, or months of physical therapy. You could even find that you can no longer work in your former capacity. Accepting a settlement requires signing away your right to a lawsuit, so it should always be reviewed by an attorney representing your best interests.
It’s best to hire an injury attorney at the beginning of your car accident claim if you may be facing substantial damages. Then refer all communication with the insurance company to your lawyer.
Was the Accident More Complex Than a Simple Collision?
If there are complicating factors in your case, such as multiple involved vehicles in a chain-reaction accident or a third party, like a negligent road maintenance agency that failed to repair a large pothole, your compensation claim can quickly become complex. The comparative negligence law allows you to pursue compensation from all parties that caused or contributed to the car accident, but multiple claims require a thorough investigation and meticulous attention to filing details and deadlines. For instance, claims against government entities such as road maintenance agencies and road planning agencies have additional filing requirements.
A reputable Missouri car accident lawyer offers potential clients a free case consultation to evaluate the merits of their claim and then uses a contingency-based payment system, so you only have to pay for their representation if and when the attorney recovers compensation for you through a settlement or court award.