Experiencing an accident and sustaining injuries is frustrating, but even more so when your injuries result from another party’s wrongful actions. If someone’s action harms you, you can consider filing a personal injury claim for compensation.
Accidents happen daily in Missouri due to wrongdoing. The Missouri Department of Transportation (MDOT) stated that 94 percent of traffic accidents occur due to human factors rather than vehicle or environmental factors.
After an injury in Cape Girardeau, you might find yourself in the emergency room at Southeast Hospital, Landmark Hospital, or St. Francis Medical Center. Your priority is your health, but you might soon begin to worry about the medical bills and other losses piling up. You may consider your legal rights and options, including filing a personal injury claim for compensation.
Filing a personal injury lawsuit in Cape Girardeau may seem daunting and confusing, but a personal injury attorney can help.
What Does Personal Injury Mean?
Personal injury refers to physical, mental, and emotional damage.
Personal injury law helps protect those who have suffered an injury due to another party’s negligent, reckless, or intentional actions. A personal injury claim is a legal tool, allowing victims to hold the liable party responsible for their actions and pursue financial compensation for their injuries and losses.
You may seek financial recovery through a personal injury claim if another individual or entity harms you.
Common Types of Personal Injury Cases
Personal injury law encompasses many different types of claims. Certain accidents and incidents may give rise to personal injury cases.
Some of the most common types of personal injury cases include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Slip and falls, and other premises liability claims
- Dog and animal bites
- Workplace accidents
- Defective products
- Medical malpractice
- Wrongful death
All of these accidents and incidents share one similarity: They usually injure someone. Aside from suffering severe injuries and embarking on a long road to recovery, you can also expect to face extensive medical bills and other financial stressors.
After sustaining injuries in an accident, facing these consequences alone and without financial compensation is not fair. A personal injury lawyer can help put you on the path to compensation, helping ease some of the burdens.
Personal Injuries in Cape Girardeau, MO
Cape Girardeau, MO, is the largest city between St. Louis and Memphis, with over 250 years of history. It’s home to almost 40,000 residents and welcomes thousands of visitors annually.
There’s something for everyone in Cape Girardeau. There are many dining and shopping options to choose from, and for outdoor lovers, the biggest attractions include the Riverfront Bridge Park and Trail of Tears. Cape Girardeau’s best-recognized landmark is the beautiful Bill Emerson Memorial Bridge.
With so much movement and excitement in the city, accidents leading to injuries are common. Whether you had a traffic collision or slip and fall accident, if you sustain injuries resulting from a negligent party in Cape Girardeau, filing a personal injury claim can help you seek justice and pursue financial recovery for your inevitable losses.
Filing a Personal Injury Claim in Missouri—What to Expect
After suffering an injury in an accident, you may consider filing a personal injury claim for compensation. Before engaging in the process, it’s best to fully understand what you should do and what you can expect.
Depending on your accident, you may need to file a claim with your insurer as soon as possible. For example, if you experience a car accident, your insurance company expects you to keep them updated on the status of your vehicle after an event like an accident. Once you report your accident, they can assign an insurance adjuster to your claim.
Your claim will depend on the other party’s insurance company and willingness to negotiate and settle. For the most part, the personal injury process entails these steps.
Hiring a Personal Injury Attorney
First and foremost, you’ll want to hire a personal injury lawyer to help you with your claim.
While you’re free to handle your claim without legal representation, it is never wise. A lawyer is well-versed with the laws and procedures relevant to your case and knows how to create a legal strategy to get you the compensation you need.
To hire a reliable personal injury attorney, look for specific characteristics.
Your attorney should:
- Have extensive experience handling personal injury claims
- Be available to speak with you if needed, and answer voicemails and emails within a reasonable time
- Be willing to provide status updates for your case periodically
- Have strong support staff
Additionally, you should feel comfortable with your lawyer, as you’ll be working with them for quite some time.
A personal injury attorney can benefit you greatly, as they often yield much better results than working alone.
Sending a Demand Letter
Depending on your case, your lawyer may start by sending the other party’s insurance company a demand letter.
A demand letter includes:
- Details regarding your accident
- The extent and severity of your injuries
- Reasoning as to their insured’s liability
After laying out all the vital information, your lawyer provides a settlement figure. After investigating your claim and examining certain factors, your lawyer will have the required information to assign a value to your case, determining what a fair settlement will look like for your losses and injuries.
After receiving the demand letter, the insurance company may agree to the figure provided, begin negotiations, or refuse to settle.
In some cases, the insurance company will send you a settlement offer for a figure they believe is fair based on their calculations. However, these initial offers are often unfair and much less than you deserve. The insurer is hoping you’ll agree to their settlement offer, and individuals that go unrepresented often do, as they want to settle quickly and don’t know how much their case is worth.
If the insurer refuses to settle or fails to respond to the letter within a specified amount of time, your personal injury lawyer can proceed with filing a lawsuit.
Filing a Personal Injury Lawsuit
In some cases, if the demand letter does not yield the desired result, your lawyer will proceed with filing a personal injury lawsuit. In other types of cases, filing a lawsuit is the first step.
Your attorney will draft a petition to open your personal injury case. Then, they will file the petition and other required documents with the court, along with court fees.
Once your lawyer has initiated the personal injury lawsuit, they will also need to serve the opposing party. Service of process is the procedure in which the petitioner delivers a summons and complaint to the opposing party, the respondent, notifying them of the pending lawsuit.
After receiving these documents, the respondent generally has 30 days to file their response with the court. If they fail to file their response on time, the petitioner can petition the court for a default judgment, asking the judge to grant them the relief sought in their original complaint.
The Discovery Phase
Once your attorney has filed the personal injury lawsuit, served the respondent, and the respondent has filed their response with the court, the case can proceed to the discovery phase.
During discovery, both parties request and produce vital information for each other.
Discovery includes:
- Requests for admissions
- Requests for production
- Interrogatories
- Depositions
The discovery phase is the longest part of a personal injury lawsuit. Depending on the complexity of your case and other factors, it can take months to complete discovery.
Your lawyer uses this time wisely, as the evidence and information they collect during this time are critical to your case. You can trust your attorney is working hard to build a strong case on your behalf.
Pre-Trial Settlement Negotiations
After discovery ends, both parties can resume settlement negotiations.
Settlement negotiations at this point in the lawsuit often fare better because both parties have done their due diligence and collected the information necessary to settle the case.
While there are no guarantees of achieving a successful settlement during pre-trial negotiations, most cases settle out of court. About 95 percent of personal injury lawsuits settle during the pre-trial phase, meaning only one in 20 suits go to trial.
Insurance companies and defendants often prefer to settle outside of court, as a trial can be costly, time-consuming, and stressful.
Trial
Your personal injury case may go to trial if you cannot settle.
In many cases, if your case goes to trial, it can be for any of the following reasons:
- The opposing party would not settle fairly during pre-trial negotiations
- The opposing party refused to settle
- Your lawyer believes your case is strong, and you’d get a better outcome at trial
While trial can seem scary and intimidating, you can feel confident knowing your personal injury attorney will continue to represent your best interests every step of the way. Your lawyer will fight for your right to fair compensation for your injuries and losses.
How Long Does a Personal Injury Lawsuit Take to Settle After Filing?
There is no average time personal injury claims take to resolve. Some cases resolve quicker than others. Personal injury cases can take anywhere from three months to 18 months, give or take.
How long a personal injury case takes to resolve usually depends on:
- The complexity of your case
- The extent and severity of your injuries
- How long it takes you to recover from your injuries
- The length of time it takes to establish cause and liability
- How quickly the opposing party helps move the case along
- The opposing party’s willingness to settle
- Whether your case settles outside of court or goes to trial
Cases that go to trial often take longer to settle.
While it can be challenging to remain calm and patient during this time, remember your personal injury lawyer is doing everything necessary to get you the outcome you deserve. Rushing a case is not a good idea and can result in an unfavorable outcome.
The Statute of Limitations for Personal Injury Claims in Missouri
A statute of limitations is a law that allows a certain amount of time for a plaintiff to file a lawsuit. Once the statute of limitations has expired, it is nearly impossible to pursue justice and compensation.
The statute of limitations for personal injury claims in Missouri is five years from the date of the accident that caused your injuries. On the day of the accident, the clock starts running.
If you fail to file your lawsuit within the allotted time, you’ll forfeit your right to financial recovery. While you may still file a lawsuit, once the opposing party or judge notices time has expired, it will dismiss your case.
Because time is so important in personal injury cases, it’s best to discuss your situation with a qualified personal injury attorney as soon as possible. Your lawyer will ensure your case moves forward promptly to avoid any issues.
Consult a Personal Injury Attorney in Cape Girardeau, MO
Personal Injury Attorney, Jacob D. Lawrence
If you’ve suffered an injury at the hands of another, it’s common to feel frustrated, stressed, and unsure of what to do next. After seeking medical treatment for your injuries, do not hesitate to contact a personal injury attorney.
A personal injury lawyer can give you a better chance of achieving a favorable outcome for your case. Attorneys use their knowledge, resources, and experience to navigate the process and work toward the best possible resolution.
After your accident, you deserve financial recovery for your losses. Consult a personal injury lawyer in Cape Girardeau, MO, today.