What Should You Know Before Filing a Personal Injury Claim in Joplin, MO?

If you are thinking of filing a personal injury claim here in Missouri, it’s important to know what you’re getting into and the best way to make a successful claim. It starts with contacting a personal injury attorney in Joplin, MO. Your attorney will help you with everything outlined below.

What Should You Know Before Filing a Personal Injury Claim in Joplin, MO?

What a Claim Entails

To bring a personal injury claim, you must have suffered damages as a result of an accident caused by the negligence of another person or entity. A claim is a demand to be reimbursed for all your losses, both economic (those losses that can be qualified with receipts and bills) and non-economic (those that are less tangible, such as pain and suffering).

In most cases, these sorts of claims are settled outside of court through negotiations, and it is an insurer who pays you rather than an individual or even a business. However, in cases where settlement can’t be reached, you would take the claim to the Missouri Civil Court.

The Difference Between Civil and Criminal Proceedings

In a criminal proceeding, the state is prosecuting someone for breaking the law. In a civil case, two private individuals or entities are dealing with a matter between the two of them. Civil and criminal proceedings can overlap in the sense that a person can cause injury to another while also committing a crime, and, in that case, the state may bring a criminal charge while the victim brings a civil charge. However, in most personal injury cases, the responsible party is not being charged criminally.

In a criminal case, the bar for proving guilt is very high. The state must prove beyond any reasonable doubt that the person being charged did exactly what they are being charged with. In a civil case, the bar is “the preponderance of the evidence,” which is simply arguing that it is more likely than not that the defendant did what they are accused of.

Finally, it is important to note that a civil action can only be brought by a civilian individual or entity. The state does not initiate civil proceedings on your behalf. So, for example, say that you were in a car accident and injured by the negligence of a drunk driver. The state may bring charges against the driver for drunk driving and seek to have them imprisoned, but the state will not bring any civil charges on your behalf. You will have to bring a separate civil case to recover your personal losses.

Negligence in Missouri Law

As mentioned above, your claim depends on proving that the other party was negligent. To prove negligence under Missouri law, you have to show four things. The first is that the at-fault party owed you a certain duty of care. For example, a driver owes everyone a duty of care in the sense that they are required to obey the traffic rules. A property owner has a duty of care to warn you of hazards so that you are not injured on their property.

Once you have established that the person owed you a duty of care, you must then show that they breached this duty. In other words, they did not act as a reasonable person would under the circumstances. Once you have proved this, you need to prove that it was specifically this breach of duty that caused your losses and injuries. For example, just because another driver was drunk at the time the two of you had an accident doesn’t make them liable for your injuries if they did not actually cause the accident.

Last, you have to be able to prove your damages. In other words, just because there was an accident, and you were involved, does not mean you are entitled to anything unless you can show specifically what damages you sustained.

Pure Comparative Negligence

Comparative negligence is a legal doctrine that requires everyone involved in an accident to bear responsibility for their contribution to that accident. Some states have a modified comparative negligence rule, which means that someone over 50% responsible cannot claim damages from the other parties. Here in Missouri, we have pure comparative negligence, which means that even if you were 99% responsible, you could still theoretically recover one percent of your damages.

Under this system, each person’s damages get reduced by the same percentage as their responsibility. Thus, if you are considered 40% responsible for an accident, you would not be able to recover more than 60% of your damages. Because of this, you can always expect the other party to argue hard that you are partially responsible and even to attempt to shift extra responsibility onto your shoulders. Your personal injury attorney in Joplin, MO will protect you from this kind of issue.

There’s a Time Limit

The good news here is that Missouri has a very generous five-year time limit for most personal injury claims. Other states typically only give two or three years, so this is a lot more time than most states allow. However, if you fail to bring your case within that time limit, you will not ever be able to recover any damages.

The reason for these time limits is quite simple: over time, evidence degrades or is lost and memories fade, so the further you get from the accident, the more difficult it becomes to sort out what actually happened. There are a few exceptions to the five-year limit, but you should never assume that you will be able to get an exception. Always talk to a personal injury lawyer quickly to get the ball rolling and find out the specifics of your case.

Having a Personal Injury Attorney in Joplin, MO Is a Must

Every year, millions of people try to get through the civil court system without an attorney, and the results are usually poor. Studies into the matter have shown that there is a minimum of about 200 individual legal tasks that must be undertaken in your average civil lawsuit. That alone requires extensive understanding of the law and experience in the local courts where the lawsuit is being brought.

Studies also show that not only are you much more likely to win with a lawyer than without one, but you are also likely to win more. In fact, those who have a lawyer typically get settlements that are so much higher that, on average, they will walk away with more money even after they have paid legal fees than those who try to bring a claim without legal help. In many cases, simply having a lawyer causes an insurance company to negotiate with you in better faith. Once your lawyer gives them a call, they know that you are serious and that it is possible you’ll take them to court.

If you’ve been injured due to the negligence of someone else, you do have the right to bring a claim, and with the right legal help, you’re much more likely to be successful. Contact the Wendt Law Firm P.C. today for a free case consultation in Joplin City or anywhere in the larger Kansas City area.