Auto accidents can cause serious injuries including brain injuries, spinal cord damage, broken bones and death. The law in Missouri applies fault rules to auto accidents, which means whomever is at fault for a collision is responsible for compensating victims for losses.
St. Louis auto accident attorneys can help collision victims to take legal action and pursue a claim for damages arising from the car crash. It is up to victims to take action within the statute of limitations or their case could be time barred and they could be left facing significant financial loss.
Compensation from Auto Accidents in St. Louis Missouri
Victims may obtain compensation after auto accidents provided they can prove that the other motorist was to blame for the crash. A car accident victim must show:
- The driver of the other vehicle was negligent. Negligence can be demonstrated by showing the driver was unreasonably careless or violated a driving safety rule such as speed limit laws.
- The negligence was the direct or proximate cause of the accident. The actions of the other motorist must have directly led to the crash.
- Actual damages were suffered by the victim of the collision. Victims may be compensated for medical bills, lost income, pain and suffering and emotional distress. In the event of a fatal car accident, surviving family members can pursue a claim for wrongful death damages including loss of companionship and funeral expenses.
In addition to taking legal action against a driver who was to blame, the victim of a car accident can also pursue a damage claim against others who may have been responsible. This can include the employer of the driver who caused the crash, if the driver was on-the-job at the time. Car manufacturers and those who design or maintain roads can also be held liable for defects that result in accidents.
How to Pursue a Claim for Compensation from Auto Accidents
Many auto accident cases are settled out of court. A victim can negotiate a settlement with the insurance company representing the driver who caused the collision. It is essential that accident victims speak with an attorney before settling a claim. Once a settlement is accepted, it is final and it is no longer possible to file a lawsuit to recover additional compensation.
When a claim does not settle, then the victim can go forward with a personal injury or wrongful death claim. The plaintiff will need to prove to the jury that damages are appropriate based on the negligence or wrongdoing of the defendant.
At Carey Danis & Lowe, our St. Louis car accident attorneys can help you to negotiate a settlement or pursue an auto accident damage claim in court. Contact our St. Louis, Missouri auto accident lawyers today at (877) 678-3400 to schedule a free consultation.