When to Take Your Missouri Car Accident Case to Court

Car accidents are a common occurrence in Missouri, and they often lead to complex legal disputes. Understanding when to take your car accident case to court is crucial for ensuring that you receive fair compensation for your injuries and damages. This article explores the various factors to consider when deciding whether to pursue a court case after a car accident in Missouri.

Understanding Missouri’s Legal Landscape

In Missouri, the law governing car accidents primarily revolves around negligence. To succeed in a personal injury claim, you must establish that the other party was negligent and that their negligence caused your injuries. Missouri follows a “pure comparative fault” system, which means that your compensation can be reduced by your percentage of fault in the accident. This legal framework influences not only whether you should pursue a case in court but also the strategy you may need to adopt.

The Role of Insurance

Most car accident claims start with insurance. After an accident, it’s typical for the injured party to file a claim with the at-fault driver’s insurance company. Many cases settle at this stage without the need for court intervention. However, there are situations where taking your case to court may be necessary.

Situations When to Consider Court Action

1. Serious Injuries

If you’ve sustained severe injuries from a car accident—such as traumatic brain injuries, spinal cord injuries, or fractures—you may need to pursue a court case. Serious injuries often lead to extensive medical expenses, long-term rehabilitation, and lost wages. If the insurance settlement offered does not adequately cover your current and future expenses, it may be time to escalate the case to court.

2. Insufficient Insurance Coverage

Missouri requires drivers to carry liability insurance, but the minimum coverage amounts may not fully compensate you for your damages, especially in serious accidents. If the at-fault driver’s insurance policy has low limits, and your damages exceed that amount, pursuing a lawsuit may be your best option for obtaining the compensation you deserve.

3. Disputed Liability

If there’s a dispute regarding who is at fault for the accident, and the insurance company refuses to settle based on your claims, going to court may be necessary. Evidence such as police reports, witness statements, and accident reconstruction can play a critical role in establishing liability. If the insurance company disputes your claim, a judge or jury may need to determine fault.

4. Unfair Settlement Offers

Insurance companies often aim to settle claims quickly and for as little money as possible. If you receive an initial settlement offer that seems inadequate or fails to account for all your damages, it may be time to take your case to court. Negotiating with an insurance company can be challenging, and if they refuse to offer a fair settlement, legal action might be required.

5. Bad Faith Insurance Practices

In some instances, insurance companies engage in bad faith practices, such as unreasonable delays in processing claims, denying legitimate claims without justification, or failing to provide a reasonable settlement. If you believe your insurance company is acting in bad faith, you may need to file a lawsuit against them in addition to the at-fault party.

The Court Process in Missouri

If you decide to take your case to court, it’s important to understand the process you will face. Here are the key steps involved:

1. Filing a Lawsuit

The first step is to file a petition in the appropriate Missouri court, which will outline your case, the damages you’re seeking, and the basis for your claims. This document must be filed within the statute of limitations, which is generally five years for personal injury claims in Missouri.

2. Discovery Phase

Once a lawsuit is filed, both parties enter the discovery phase, where they exchange evidence and information relevant to the case. This can include medical records, accident reports, and witness statements. The discovery process helps both sides prepare for trial.

3. Mediation or Settlement Negotiations

Before going to trial, many cases enter mediation or settlement negotiations. A neutral third party helps facilitate discussions between you and the opposing party to reach an amicable resolution without the need for a trial. Many cases are resolved during this phase.

4. Trial

If a settlement cannot be reached, your case will proceed to trial. During the trial, both sides present their evidence and arguments. A judge or jury will then determine the outcome, including liability and any damages awarded.

Factors to Consider Before Going to Court

Before deciding to take your car accident case to court, consider the following factors:

1. Cost of Litigation

Litigation can be expensive. You should weigh the potential costs, including attorney fees, court fees, and other associated expenses, against the expected compensation you may receive if you win your case. Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case.

2. Time Commitment

Court cases can take a considerable amount of time, often extending months or even years. Consider whether you are willing and able to commit the time necessary to pursue a court case, especially if you are dealing with ongoing medical treatments or rehabilitation.

3. Emotional Stress

Legal proceedings can be emotionally taxing. The stress of litigation may weigh heavily on you, especially if you have already been through a traumatic experience. Consider whether you are prepared for the emotional toll that going to court may bring.

4. Potential Outcomes

Understanding the potential outcomes of your case is vital. While a court may award you damages, there is also a risk that you may not win or that you may be found partially at fault, which could reduce your compensation. Assessing the likelihood of a favorable outcome is essential in making your decision.

Deciding whether to take your Missouri car accident case to court is a significant decision that requires careful consideration of various factors. While many cases are resolved through insurance settlements, there are circumstances where litigation may be necessary to ensure fair compensation. By evaluating the severity of your injuries, the adequacy of insurance coverage, disputes over liability, and the behavior of the insurance company, you can make a more informed decision.

Ultimately, consulting with an experienced personal injury attorney can provide valuable guidance tailored to your specific situation. They can help you navigate the complexities of the legal system, assess the strength of your case, and advocate for your rights, ensuring you are in the best position to receive the compensation you deserve.

Contact Our Car Accident Attorneys About Your Personal Injury Case

If you need legal assistance following a car accident, consider reaching out to a professional attorney who has experience in personal injury and car accident cases. If you or a loved one have been hurt,?Aramjoo Law Firm?is here to serve you.?Contact us today?at 816-608-6983 or online to schedule your free consultation.