What to Expect From a Personal Injury Settlement in Missouri

When pursuing a personal injury claim in Missouri, understanding what to expect from a settlement can significantly impact your decision-making and emotional well-being. Personal injury settlements are designed to compensate victims for the injuries and damages they have sustained due to someone else's negligence. Here’s what you can expect in the process and outcome of a personal injury settlement in Missouri.

1. The Process of Settlement Negotiation
Settlement negotiations typically begin after a personal injury claim has been formally filed. The injured party (plaintiff) and their attorney will assess the case's strengths and weaknesses and calculate a fair amount for damages. This will include medical expenses, lost wages, pain and suffering, and any other economic or non-economic losses. Once an initial demand is made, discussions with the insurance company will ensue.

2. Time Frame for Settlement
Expect the settlement process to take time. While some cases can be resolved quickly, others may take months or even years. Factors affecting this timeline include the complexity of the case, the extent of injuries, and the willingness of both parties to negotiate. It’s essential to be patient; rushing through negotiations could lead to receiving less compensation than deserved.

3. Factors Affecting Settlement Amount
Several factors influence the settlement amount in a personal injury case. Key considerations include:

Severity of Injuries: More severe injuries typically lead to higher settlements due to increased medical expenses and pain and suffering.
Liability: If liability is clear and the evidence strongly supports the claim, settlements may be higher.
Insurance Policy Limits: The liable party’s insurance coverage can cap the amount available for settlement.
Negotiation Skills: An experienced personal injury attorney can significantly impact the settlement amount by negotiating effectively.

4. Types of Damages
In Missouri, personal injury settlements may be categorized into two main types of damages:

Economic Damages: These are quantifiable financial losses such as medical expenses, rehabilitation costs, lost wages, and property damage.
Non-Economic Damages: These damages encompass intangible losses, including pain and suffering, emotional distress, and loss of enjoyment of life. Missouri law allows for compensation for these non-economic damages, although proving their worth can be more challenging.

5. Release of Liability
Before a settlement is finalized, the injured party will be required to sign a release of liability. This legal document waives the right to pursue any further claims related to the incident once the settlement is accepted. Therefore, understanding the terms and ensuring that the settlement amount covers all damages is crucial before signing any documentation.

6. The Role of Comparative Fault
Missouri follows a comparative fault rule, which means that if the injured party is found partially at fault for their injuries, their settlement amount can be reduced by their percentage of fault. For example, if a plaintiff is awarded $100,000 in damages but is found to be 20% at fault, their settlement would be reduced to $80,000. Understanding this can help individuals prepare for negotiations accurately.

7. Final Considerations
Ultimately, the settlement process can be challenging, and having knowledgeable legal representation is highly beneficial. An experienced personal injury attorney can provide guidance throughout the process, advocate for your best interests, and help you comprehend the complexities of your case. Remember to keep thorough documentation of all medical treatments, expenses, and communications related to your injury to support your claim.

Expecting a settlement in Missouri involves understanding the nuances of the legal process. While the journey may be arduous, the right support and information can lead to a fair resolution that compensates for your injuries and losses.