Avoiding these five common mistakes can significantly improve your chances of a successful car accident lawsuit. Contact us today.
Filing a car accident lawsuit in Missouri can be a complex process. A single mistake can significantly impact your ability to recover compensation. To maximize your chances of a successful outcome, avoiding common pitfalls is crucial. Below are five mistakes that can ruin your car accident lawsuit and guidance on avoiding them.
Contact The Hoffmann Law Firm, L.L.C., for a free consultation if you need legal assistance.
Failing to Seek Immediate Medical Attention
One of the biggest mistakes accident victims make is delaying medical treatment. Insurance companies and defense attorneys often argue that delayed medical care means the injuries were not serious or were caused by something other than the accident.
Under Missouri Revised Statutes Section 537.765, compensation may be reduced if a victim is found partially responsible for worsening their injuries due to a delay in treatment (Missouri Revised Statutes Section 537.765).
Admitting Fault at the Scene
Missouri follows a comparative fault system, which means your compensation can be reduced if you are found partially at fault for the accident. Even a simple apology at the scene may be used against you as an admission of liability.
Instead of discussing fault, focus on checking for injuries and gathering evidence. Leave fault determination to law enforcement and insurance investigators (Missouri Department of Transportation).
Failing to Collect Evidence
Strong evidence is crucial to proving fault and securing fair compensation. Commonly overlooked evidence includes:
- Photos and videos of the accident scene, vehicle damage, and visible injuries
- Eyewitness statements
- Surveillance footage (if available)
- Police reports
- Medical records
Failing to collect this information can make it difficult to prove liability and damages, prolonging the legal process or reducing your settlement amount (Missouri Revised Statutes Section 303.040).
Talking to Insurance Adjusters Without Legal Representation
Insurance adjusters are trained to minimize payouts. Speaking with them without consulting a lawyer can lead to:
- Accepting a lowball settlement
- Providing recorded statements that could be used against you
- Admitting partial fault, which can reduce compensation under Missouri’s comparative fault rule
A personal injury attorney can help navigate negotiations and ensure you receive a fair settlement (Missouri Department of Insurance).
Missing the Statute of Limitations Deadline
Missouri law imposes a five-year statute of limitations for filing a personal injury claim, meaning that you may lose your right to compensation if you don’t file within this period.
- Personal Injury Lawsuit Deadline: 5 years from the date of the accident
- Wrongful Death Lawsuit Deadline: 3 years from the date of the victim’s death
Missing these deadlines can result in your case being dismissed (Missouri Revised Statutes Section 516.120).
Contact The Hoffmann Law Firm, L.L.C. Today
Avoiding these five common mistakes can significantly improve your chances of a successful car accident lawsuit. The critical steps are seeking medical care, collecting evidence, avoiding admissions of fault, working with an attorney, and filing within the legal deadline.
Contact The Hoffmann Law Firm, L.L.C., for a free consultation if you need legal assistance.