Another person’s careless or reckless actions can turn your life upside-down. When this happens, trust the experienced trial attorneys at The Bates & Merryman Law Firm for help taking your next steps. Compensation may be available, but you must act quickly to claim it.
The capable team of personal injury attorneys at The Bates & Merryman Law Firm knows how important financial compensation is to your overall recovery. We’ll work with purpose and urgency to secure the damages you’re entitled to receive under the law. Your needs come first.
Missouri law states that when one party’s careless or reckless choices cause another party harm, the injured party can file a legal claim to seek financial compensation. Before you see any money for your losses, however, you must demonstrate the following crucial legal elements.
All individuals and public-facing entities have a legal duty of care requiring them to act safely and reasonably toward others. Proving that a person or entity failed to fulfill this obligation is the first step in pursuing a claim for financial compensation. Your personal injury lawyer will look for evidence that the at-fault party did the following:
Essentially, if an objectively reasonable person wouldn’t have acted in the way the at-fault party did, they can be said to be negligent. To prove this negligence, your lawyer will need to gather, analyze, and present compelling evidence, such as:
Your lawyer may also seek other relevant evidence that can help your claim succeed. For example, in a car accident case involving a professional truck driver, your attorney may attempt to obtain the trucker’s driving history and any training manuals their employer provides outlining safe driving practices and company policies.
Next, you must show that the at-fault party’s negligent conduct led directly to your accident and resulting injuries.
If you would have suffered the same injuries regardless of what the other person did, this element of your claim won’t be satisfied. The amount of damages you receive will depend in large part on the negligent party’s degree of responsibility for your injuries.
For example, suppose that a court determines that you sped through a four-way intersection and disobeyed the right-of-way rules. As a result, they consider you 90% responsible for the crash you had with a distracted driver. Missouri law would still allow you to recover compensation, but any award you receive would be reduced by 90%.
Establishing who’s to blame for your accident and to what degree has a significant impact on how helpful your claim is to your recovery.
To build a strong case on your behalf, the skilled attorneys at The Bates & Merryman Law Firm will collect and review evidence like investigative reports, photographs, and eyewitness statements to determine the precise cause or causes of your accident.
Lastly, you must prove not only that you’ve suffered actual harm or loss as a result of your accident but also that a certain amount of compensation is needed to address those losses. If you’re successful, this compensation might be awarded in the form of economic and non-economic damages meant to address effects like:
Your personal injury attorney will review your medical records, treatment plans, wage statements, and other documentation with you to ensure that you understand the damages you need to recover. However, they won’t stop there. They’ll also spearhead negotiations and litigation as needed to get you the damages you deserve.
Tragically, some accidents cause injuries so severe that the victim doesn’t survive. When you lose a loved one because of someone else’s negligence or recklessness, you can file a wrongful death action against the responsible party. Wrongful death cases are similar to personal injury cases, with the following key distinctions:
Only a deceased individual’s spouse, adult children or grandchildren, or personal representative can bring a wrongful death case. If someone dies in a wrongful death accident but doesn’t have anyone who can file a claim, the court may appoint someone to act on behalf of them and their beneficiaries.
The compensation available in a wrongful death action addresses the losses and expenses that the surviving family members incur. These losses may include the deceased’s funeral and burial expenses, the loss of their financial support, and the loss of their company, comfort, and intimacy.
Aside from these characteristics, the components of a wrongful death suit are similar to those of a personal injury claim.
To succeed with a wrongful death claim in Missouri, you must show that the deceased lost their life due to an accident caused by another party’s actions. Your lawyer will resort to many of the aforementioned types of evidence to argue your case.
If you’re grieving the sudden loss of a loved one after a preventable accident, know that you aren’t alone during this difficult time. The Missouri wrongful death lawyers at The Bates & Merryman Law Firm can help you obtain justice for your loved one’s passing. Contact us to learn more about our wrongful death representation services.
Missouri’s personal injury statute of limitations is five years from the date of the accident. That means you have five years to file a claim for damages before losing your right to seek compensation. At only three years, the statute of limitations for wrongful death is even shorter.
As such, it’s best to contact The Bates & Merryman Law Firm and build momentum for your case as soon as possible.
Investigating your claim and identifying those responsible can take time, and your creditors typically won’t wait five years before trying to collect. Furthermore, over time, evidence can be irretrievably lost or destroyed, and eyewitness memories can fade or become distorted.
Failing to file your lawsuit within the statutory period can have serious consequences. Most significantly, the court could dismiss your case without ever considering your injuries or needs. If your claim is dismissed under these circumstances, you won’t be able to refile.
Speak to The Bates & Merryman Law Firm as soon as possible after being hurt or losing a loved one in an accident. We can ensure that your claim is filed in a timely manner so you have the best opportunity to receive the compensation you need.
The experienced attorneys at The Bates & Merryman Law Firm aren’t just advisors. They’re also aggressive litigators who have honed their skills in the courtroom with countless successful cases. Rest assured that if we can’t arrive at a fair settlement, we won’t hesitate to take your case to trial in pursuit of fair compensation.
Contact us today to discuss your situation with a skilled and compassionate personal injury lawyer.
If you have been arrested or believe you may be the target of a criminal investigation, contact the criminal defense attorneys at The Bates & Merryman Law Firm today.
© Copyright 2024 THE BATES & MERRYMAN LAW FIRM LLC. All rights reserved.
