When someone else’s careless, reckless, or wrongful actions cause your injury, you have the right to seek compensation for your economic losses, like medical expenses and lost wages, and for your pain and suffering. As the claimant in the case, an injury victim has the burden of proof to demonstrate the responsible party’s liability, and then to show evidence of the resulting damages. An experienced St. Louis personal injury lawyer conducts an investigation to prove liability, carefully calculates damages, and then seek the maximum compensation available through evidence-backed negotiations with the appropriate insurance company.
What Process Proceeds Negotiations In Missouri Personal Injury Claims?
Most personal injury claims are filed against the appropriate insurance policy; for instance, a negligent driver’s auto insurance after a car crash, or a negligent property owner’s liability insurance after a slip-and-fall injury. Before going into negotiations with the insurer, a personal injury lawyer does the following:
- Conducts an investigation into the accident or incident independently of the insurance company’s investigation
- Compiles evidence of the at fault party’s negligence and liability
- Consults with medical experts and other specialists to determine the full scope of the injury victim’s economic losses and pain and suffering
- Sends a demand package to the insurance company with a compelling case for their policyholder’s liability and the injury victim’s damages and seeking the maximum compensation available
- The insurance company responds to the monetary demand, typically by offering a lowball settlement
An insurance adjuster’s job is to protect the company’s profits at the injury victim’s expense, often by undervaluing the claim. One way they do this is by assigning the injury victim a portion of fault for their injury. Under Missouri’s system of pure comparative negligence, an insurance company may determine that an injury victim was partly responsible for their injury, allowing them to reduce the payout on a claim by the percentage of fault they’ve assigned to the injury victim.
Negotiating a Settlement In a Missouri Personal Injury Case
An experienced personal injury lawyer prepares a case as though for trial throughout the investigation and documentation of evidence. This gives them stronger standing during negotiations for a settlement. After the insurance company responds to a demand letter, they set up an initial negotiation meeting. It may take several meetings to result in a mutually acceptable settlement offer. In some cases, all involved parties attend mediation where they work with one or more neutral professional mediators to arrive at a settlement.
Fortunately, over 95% of personal injury cases result in a settlement and don’t require litigation. The U.S. Justice Department reports that about 4% of personal injury cases require court. Hiring a personal injury lawyer increases the chances of an ample settlement rather than going to court; however, an experienced personal injury lawyer representing the injury victim’s best interests increases the chances of a low-conflict settlement.
By preparing the case for the possibility of litigation throughout the process, a personal injury attorney is well-prepared for court should it become necessary. In these cases, the attorney files a petition for court within the state’s statute of limitations. Missouri has a generous five-year statute of limitations on personal injury cases.