St. Louis Personal Injury FAQ
If you’ve been hurt in an accident, you likely have many questions about your situation. The best way to obtain information relevant to your personal injury is to speak with an attorney during a free consultation.
However, there are several general questions people have about personal injury claims in St. Louis and Missouri, which we speak to in the frequently asked questions listed below.
If you’d like to speak to an attorney at Cofman Townsley at no cost with no obligation, contact us today.
How long do I have to file a personal injury claim in Missouri?
Missouri has a five-year statute of limitations. However, there are exceptions for certain types of cases, so it always helps to consult an attorney to know how our state’s statute of limitations impacts your case.
It’s also important to know that it’s best not to wait too long after an injury to file a claim, if possible. The sooner after an accident you start the process, the sooner your attorney can begin building your case.
What is negligence, and how can I prove someone else was responsible for my injury?
Negligence is the failure to take proper care. For example, failing to follow the rules of the road constitutes negligence on the part of the driver. Proving negligence requires evidence, which may include police reports, video footage, eyewitness accounts, and other relevant documents.
Can I still bring a case if I share some fault for the accident in Missouri?
Yes, Missouri follows a “pure comparative fault” system, which means the percentage of compensation you’re entitled to will be reduced by your percentage of fault. Determining fault can be complicated, but an experienced injury lawyer can help you build the strongest case possible.
How much does it cost to hire a personal injury lawyer in St. Louis?
In most cases, personal injury lawyers work on a contingency fee basis, which means attorneys only collect a fee if you get compensation. Cofman Townsley works on a contingency fee basis, which ensures our clients don’t endure financial hardship if their claim is unsuccessful.
Where can I go for medical treatment after an accident in St. Louis?
Several medical facilities in St. Louis offer emergency care for injuries suffered in an accident, including:
- SSM Health Saint Louis University Hospital
- SSM Health St. Mary’s Hospital – St. Louis
- Mercy Hospital St. Louis Emergency Department
- Barnes-Jewish Hospital Emergency Room
How much compensation could I recover in a personal injury claim?
This depends on the specifics of your situation. Generally, your compensation should encompass all medical-related expenses, lost income, and pain and suffering. An experienced lawyer will review all the circumstances of your case to ensure that all past and future accident-related costs are included in your demand for compensation.
How do I get a copy of my accident or police report in St. Louis?
You can usually request a copy of your accident report through the St. Louis Metropolitan Police Department or the Missouri State Highway Patrol, depending on who responded to the scene. Many departments allow online requests, while others may require you to submit a form in person or by mail. If you hire an attorney, they can quickly obtain this report on your behalf as part of building your case.
What steps should I take right after an accident or injury?
Your health comes first, so seek medical care immediately, even if you feel okay. Next, gather evidence at the scene, including photos, contact information from witnesses, and insurance details. Report the accident to the proper authorities. Finally, contact an attorney as soon as you can so they can protect your rights and handle communication with insurance companies.
What if the person who caused my injury doesn’t have insurance?
Even if the at-fault driver or party doesn’t have insurance, you may still have options. You might be able to file a claim under your own uninsured/underinsured motorist coverage, or your attorney may identify other liable parties who can be held responsible. An experienced lawyer will explore all potential avenues for compensation.
How long does a personal injury case usually take to resolve?
Every case is different. Some claims may settle within a few months, while others, especially those involving serious injuries or disputed liability, can take one year or more to resolve. Factors such as medical recovery time, insurance company negotiations, and whether a lawsuit is filed all impact the timeline.
What types of damages can I recover in a personal injury case?
You may be entitled to recover both economic and non-economic damages. Economic damages encompass expenses such as medical bills, lost wages, and rehabilitation costs. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life.
Can I receive compensation for future medical expenses and lost income?
Yes. If your injuries will require ongoing treatment or impact your ability to work in the future, your attorney can pursue compensation for those expected costs. This may include surgeries, therapy, or a reduced ability to earn income long-term.
How do I pay medical bills while my case is pending?
Medical providers often bill your health insurance first. If you don’t have insurance, some hospitals may work with you on payment plans. In some instances, doctors may agree to provide care with the expectation of being paid once your case resolves. Your attorney can also help coordinate with providers to ease the financial strain while your case is ongoing.
Should I accept the first settlement offer from an insurance company?
Usually not. Insurance companies often make low initial offers in the hope of quickly and cheaply resolving the case. Once you accept, you can’t go back and ask for more if your medical bills or recovery costs end up higher than expected. It’s wise to have an attorney review any offer before agreeing.
Will I have to go to court, or can my case settle outside of trial?
Most personal injury cases settle before trial. However, if the insurance company refuses to offer fair compensation, your lawyer may recommend filing a lawsuit and taking your case to court. Either way, your attorney will guide you through the process and prepare you for each step.
What happens if the insurance company denies my claim?
A denial isn’t the end of the road. Your attorney can appeal the decision, provide additional evidence, or file a lawsuit if necessary. Insurance companies deny claims for many reasons, but a skilled lawyer can push back and fight for your right to compensation.
Do I still have a case if I didn’t get medical care right away after my accident?
Yes, but delays can make your case more challenging. Insurance companies may argue that your injuries weren’t serious or weren’t caused by the accident. Seeing a doctor as soon as possible helps protect both your health and your legal rights.
How do I choose the best personal injury attorney in St. Louis for my case?
Look for a lawyer with experience handling cases like yours, a track record of results, and a reputation for client care. It also helps to meet with the attorney and make sure you feel comfortable working with them. Many firms, including Cofman Townsley, offer free consultations.
What evidence is most important in proving a personal injury claim?
Strong evidence often includes accident reports, medical records, photographs of the scene, witness statements, and, in some cases, expert testimony. The more documentation you have linking your injury to the accident, the stronger your case will be.
What if a dangerous product or defective equipment caused my injury?
You may have a product liability claim against the manufacturer, distributor, or retailer. These cases can be complex, but a personal injury attorney can investigate whether the product was defectively designed, poorly manufactured, or lacked proper warnings.
Can I switch lawyers if I’m not satisfied with the one I hired?
Yes, you have the right to change attorneys at any point. If you do, your new lawyer will usually handle any necessary arrangements with your previous attorney regarding fees or file transfer.
How much time does my attorney need from me during the case?
Most of your lawyer’s work happens behind the scenes, but they’ll need your input for key decisions, to provide documents, and to share updates about your medical recovery. Regular communication helps keep your case moving smoothly, but your attorney should handle the heavy lifting.
Will my personal injury case be kept private?
Most personal injury settlements are confidential, especially if they are resolved outside of court. If your case goes to trial, some details may become part of the public record. Your lawyer can explain what to expect based on how your case proceeds.
Can I handle my personal injury claim on my own without the help of a lawyer?
You can try, but doing so is risky. Insurance companies have teams of adjusters and lawyers working to limit payouts. Without legal representation, you may miss out on full compensation. An attorney levels the playing field and often recovers more for clients than they could on their own.
How do I get started with a personal injury case in St. Louis?
The first step is to schedule a free consultation with a personal injury lawyer. At Cofman Townsley, we’ll review the details of your accident, answer your questions, and explain your options. There’s no obligation, and if we take your case, you won’t pay us unless we recover compensation for you.