Navigating a personal injury lawsuit can be complex and time-consuming. If you have been seriously injured, it is important to rest and recover while an experienced personal injury attorney builds your case. Here are some common questions to help you understand the process of starting a personal injury claim.
Personal injury cases are legal disputes that arise when someone suffers an injury for which another party may be legally responsible. Typically, these claims result from the negligence or carelessness of another party. The goal of a personal injury claim is to compel the responsible party(ies) to compensate you, the victim, for expenses related to injuries caused by the accident.
You are not required by law to hire a personal injury attorney; however, it can be highly beneficial. A personal injury attorney will act on your behalf managing communications and tasks such as investigating your claim, gathering evidence, negotiating with insurance companies, handling the discovery process, and representing you should your claim go to trial. This allows you, the plaintiff, to concentrate on your recovery.
The first step is drafting and filing a complaint against the defendant (the party you believe is responsible for your damages). Your personal injury attorney can draft this complaint and file a copy with the court.
Missouri is an at-fault state that uses a pure comparative fault system, meaning all parties in an accident can be held liable for damages based on their contribution to the accident. A plaintiff may still recover damages even if partially responsible; however, their settlement will be reduced by their percentage of fault. For example, if the plaintiff is 20% at fault and the settlement is $100,000, the plaintiff’s recovery will be reduced by 20%.
Yes, photos and/or videos can be crucial pieces of evidence. They can help prove your case and establish fault. For instance:
Be sure to take photos and/or videos at the scene of the accident, capturing damage to vehicles, road conditions, debris, injuries, and anything else relevant. It is also helpful to get photos from different angles.
An “injury journal” is just as it sounds. It is a detailed record of the injuries you sustained, including descriptions of physical pain and emotional distress. Document how your injuries have impacted your quality of life, ability to perform daily tasks, and work capabilities. This journal can aid you and your attorney in building your case.
Additional resources on evidence:
It is important to remember that insurance companies, whether yours or the defendant’s, do not prioritize your best interests. Their goal is to minimize payouts after an accident. They may try to shift blame to you or offer low settlements. Be cautious about who you speak to and what you say, as your words may be used against you. Never admit fault or accept blame. Let your attorney handle communications with insurance companies when possible.
Resources:
You are not required to give a recorded statement to an insurance adjuster. Avoid being pressured into saying something inaccurate or unclear. This is a tactic to gather information that may be used against you. A personal injury attorney can help you draft a written statement that is carefully crafted and accurate.
Each state has deadlines for filing personal injury claims. In Missouri, according to the Revised Statutes of Missouri (RSMo) Section 516.120, all personal injury actions must be brought within five years from the date of injury. This statute means claimants have five years from the date of the underlying accident and injury to file a formal complaint, with few exceptions. Your attorney will ensure that your claim meets all deadline requirements.
A statute of limitations is a law that sets the maximum amount of time parties have to initiate legal proceedings from the date of an alleged offense. The length of time allowed for a victim to bring legal action varies based on the jurisdiction and the nature of the offense.
Have you been seriously injured in a motor vehicle accident, a slip and fall, or another accident caused by someone else’s negligence? Call Nash & Franciskato at (877) 284-6600. We have a successful track record of helping accident victims collect the compensation they deserve.
One of our experienced staff members will speak with you personally and provide a free, no-obligation review of your case.
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Editor’s Note: This post was originally published on June 1, 2023. It was reviewed on February 6, 2025,, for content and accuracy, and re-published.
