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My Claim
Drivers injured in automobile accidents often have no prior experience with the legal system. For this reason, most people have many questions about how the process works, how long the lawsuit will take, the cost of the lawsuit, among other things. We will keep you informed about your case and will promptly answer your questions. We will help you understand your claim and feel comfortable with the legal process.
The links below answer some frequently asked questions about the legal process:
Is there a time limit to file my claim?
Every state has certain time limits governing how long a person has to file a lawsuit. In Missouri the length of time you have to file your claim depends upon the type of claim. For example, generally you have five years to file a lawsuit arising out of a car accident. However, there are many exceptions, some of which may reduce the time to as short as one year. Medical negligence claims generally have a two-year statute of limitations, however, under certain circumstances the statute of limitations may be longer, or can even be shorter. Wrongful death claims generally have a 3-year statute of limitations. Also, there are different statutes of limitations for minors, and statutes of limitations can be extended if the defendant is out of the state. Because there are so many rules and exceptions, the best thing is to contact an attorney as soon as possible to get expert advice. You should never assume that the statute of limitations has run without getting advice from an attorney, because there are so many exceptions to the general rules.
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What is the value of my claim?
If you have been injured by the carelessness of another, you may be able to recover for your damages. Many factors must be considered in determining the value of your claim including the seriousness of your injury, whether you will have permanent disability, medical expenses incurred, lost wages, future loss to your earning capacity, the pain and suffering you have endured and how the injury will affect your future life. Also, the type of negligence by the defendant that caused your injury is sometimes very important. If your damage was caused by recklessness or intentional wrongdoing, that may increase the value of the claim. On the other hand, if the defendant was not seriously at fault or if the person making the claim was partly at fault, this can reduce the value of the claim. Consultation with an attorney experienced in the area of personal injury law can help you assess the value of your claim.
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What if I am partially at fault?
For most types of claims Missouri has what is called comparative fault. This allows you to recover some damages from another party who was also negligent in causing your injuries, but the amount you can recover may be reduced because of your negligence.
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Can I settle my claim?
Most claims are settled before suit is filed and, of the few that are filed, most of those are settled before going to trial. Your attorney has a duty to tell you of any offers to settle made by the other side, and the decision about whether to settle must always be made by the client. The attorney representing you can make recommendations, but the decision is always yours.
The outcome of trials, particularly before juries, is very difficult to predict. Therefore, an experienced attorney can advise you about the strengths and weaknesses of your claim and can give you an opinion about the chances of recovery at trial. Juries are unpredictable, and it is never possible to guarantee the outcome. Because of this uncertainty, an experienced attorney will almost always explore the possibility of settlement with the other side, but the decision about whether to settle is always the client's.
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Will it be necessary to file a lawsuit?
This depends upon the circumstances of your case. Lawsuits are expensive and time-consuming and if a fair settlement can be achieved without filing a lawsuit, this is generally best. However, there are many situations in which it is in the client's best interest to file suit. If all of the facts about how the car accident or other injury occurred are not known, it is often necessary to file a lawsuit to get complete facts. Also, if an agreement cannot be reached about the amount of the settlement, it is necessary to file a lawsuit and sometimes have the Judge or jury decide what is a fair award for a person's injury. These are two examples. However, there are other reasons why it is sometimes necessary to file a lawsuit when the case cannot be settled quickly.
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What will happen if I file suit?
Lawsuits are often slow, frustrating and expensive, so many personal injury claims are settled without filing a lawsuit. After the lawsuit is filed, the parties usually continue to try and reach a settlement, and sometimes a settlement is reached even after the trial begins. If a lawsuit is filed, the parties begin by sending interrogatories (written questions) to the other side to discover the important facts. Also, depositions are sometimes taken. A deposition is a statement given to the attorney on the other side, under oath and transcribed by a court reporter. Your attorney would always be with you in a deposition.
If you are claiming a personal injury, you usually have to disclose all of the medical records related to the injury and any past medical records that relate to your claims. You may also have to disclose income tax returns, information about past employment and similar personal information. You may also have to be examined by a doctor, selected by the other party.
If your case has to be tried, it can be heard either by a jury or by the Judge (if both parties consent). The lawyers on both sides will call witnesses who have information about how the injury occurred and the extent of your injury. This will usually include medical testimony from at least one of the doctors that treated you. After hearing all of the evidence, the jury or the Judge would decide what award was fair and reasonable.
There are complicated rules governing the conduct of a lawsuit and your attorney's job is to present the evidence that will help you win your case, while following the rules of conduct.
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What about my attorney fees?
In most areas of the law, attorneys bill their time on an hourly basis. However, most attorneys represent injured clients under what is called a contingency fee agreement. Under a contingency fee agreement, the attorney is paid only if the client recovers on the claim. The payment is a certain percent of the client's recovery.
Some people criticize the contingency fee agreement, but many people who are injured are unable to work and have no income or assets. Most injured people would simply be unable to hire an attorney to represent them and many people would be unable to enforce their rights. Also, if the attorney does not get paid unless he or she is successful with the claim, it helps assure that claims without merit are not filed. Also, it encourages the attorney to work diligently on claims that do have merit, because the attorney will not be paid unless successful with the claim.
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IMPORTANT - This is not a substitute for legal advice. Please see Disclaimer.
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