What to Do if You’ve Been Injured Due to Negligence in Missouri
In Missouri, personal injury cases often arise from negligence, where someone fails to act with reasonable care, resulting in harm to another person. If you've been injured due to another party's negligence, it's important to know the steps you should take to protect your rights and pursue compensation.
1. Seek Medical Attention
First and foremost, prioritize your health. Regardless of the severity of your injury, seek immediate medical attention. Not only is this critical for your recovery, but it also creates a medical record that can be crucial for your case.
2. Document the Incident
As soon as you are able, write down everything you remember about the incident. Include details such as the date, time, location, and the circumstances surrounding your injury. Photographic evidence can also be invaluable; take pictures of the scene, your injuries, and any relevant factors contributing to the accident.
3. Gather Witness Information
If there were any witnesses to the incident, collect their contact information. Witness statements can provide additional perspectives and bolster your case by confirming your account of events.
4. Report the Incident
Depending on the nature of the injury, you may need to file a report with local authorities. If you were injured at work, notify your employer immediately. If it's a car accident, contact local law enforcement to file an accident report. These documents create an official record that may be critical when seeking compensation.
5. Avoid Discussing the Case
After sustaining an injury, it's best to avoid discussing the details of your case on social media or with anyone other than your attorney. Anything you say could be used against you in court, so limit your conversations to trusted individuals and professionals.
6. Consult a Personal Injury Attorney
One of the most important steps you can take is to consult with a qualified personal injury attorney. They can help you understand your rights, evaluate the strength of your case, and guide you through the legal process. In Missouri, personal injury lawyers typically work on a contingency fee basis, meaning you won’t pay unless you win your case.
7. Understand Missouri's Comparative Negligence Law
Missouri follows a comparative negligence system, which means that if you share any responsibility for your injury, your compensation may be reduced by your percentage of fault. For example, if a jury finds you 20% at fault for an accident, your compensation will be reduced by that percentage. Your attorney can help you navigate these complexities.
8. File Your Claim on Time
In Missouri, the statute of limitations for personal injury claims is generally five years from the date of the injury. Ensure that you file your claim before this deadline, or you may lose your right to seek compensation.
9. Prepare for Negotiations
Once your attorney has gathered evidence and established the value of your claim, they will enter into negotiations with the insurance company or the responsible party. Be prepared for this process, as initial offers are often lower than expected.
10. Be Ready for Court
If negotiations do not result in a satisfactory settlement, your attorney may recommend filing a lawsuit. The litigation process can be lengthy and complex, but having a competent attorney by your side will help you navigate through it effectively.
Experiencing an injury due to negligence can be overwhelming. By taking the right steps, documenting everything, and getting professional legal support, you can take control of the situation and work towards receiving the compensation you deserve.