If you or your loved one has been involved in a traffic accident, there are good chances that there will be an accident case. This will also involve claims for compensation and settlements. Undoubtedly, one has to be aware of the traffic accident settlements in the state of Missouri.
This article notes down a few key Missouri laws regarding all you need to know while putting forth your case in a strong and compelling way.
The time limit for filing a lawsuit in Missouri
There are specific laws in every state which limit the specific time frames within which one can file a lawsuit after a mishap. These laws are very strict and do not allow any kind of flexibility under any circumstances, after the time limit has been achieved. These are known as “Statues of limitations”. The deadlines for these limitations can vary depending upon the actions which need to be taken.
In case of car accidents also, there are specific statutes of limitations which need to be followed. The relevant time limits for filing lawsuits over car accidents in Missouri are as follows:
- Five years after the accident for the filing of a lawsuit for personal injury
- Five years after the accident for the filing of a lawsuit for property damage i.e. vehicular damage.
These deadlines are only applicable when you go to the court and file a lawsuit. They have no bearing, though, while you file an insurance claim, be it your own carrier or the other driver’s. However, it is best, probably to get the process of claim started soon. This gives you plenty of time to bring the lawsuit in case you need to. If the other side knows it and if you still have the option for filing a lawsuit, you may have more leverage while settling negotiations.
This is to be kept in mind that the time frames as well as statute of limitations are drastically different if the government is responsible in some way. If your case involves any government vehicle, then the ordinary statutes of limitations do not apply. In such a case, one needs to file a lawsuit over the claim under the appropriate government agency. This needs to be done in order to protect your rights to any kind of compensation be it monetary, proprietary etc.
The comparative fault rule of Missouri State
The scenario in which multiple parties are responsible for at least partial fault in an accident is called the “comparative fault”. Legalese describes the state of Missouri as a “Pure Comparative Negligence State.” Under this rule, you are liable to receiving 80% of the total damage accountable for. This is the total compensation minus your fault. As Missouri is a pure comparative fault state, you can always recover some amount of damages from the other party.
This is to be noted that the traffic settlements differ from state to state. While filing a lawsuit, make sure you are thorough with the laws governing a particular state. Consulting a lawyer would be ideal. He will make your case compelling and help you receive your fair share of justice.