A major injury is not something to take lightly. And if this requires ongoing medical care or results in permanent disability, your focus might shift from immediate pain to protecting your future.
In Missouri, there is a rule of pure comparative fault, which means that your compensation might reduce if a court rules you as partially responsible. Here are some mistakes that you can avoid so an insurance company does not minimize your payout.
Giving a statement to the insurer
After the accident, you might receive a request for a statement from the other driver’s insurance adjusters. They might not tell you this, but they might be trying to find grounds to reduce your claim under Missouri’s Pure Comparative Fault rule. Do not give a statement and delegate every communication to your lawyer.
Forgetting about future medical care
In permanent injuries, the biggest financial asset is compensation for future medical care. If you stop seeing specialized doctors, you will cut short a clear medical record proving the permanency of your injuries and the necessity of future treatment and the insurance company can successfully claim that you are already recovered. This record is the only evidence that justifies the high damages you need for a lifetime of care.
Delaying your complaint
While recovery is a very important process, you must not take too long to file a claim. Under Missouri Revised Statutes, you generally have five years from the date of the accident to file a personal injury lawsuit. Keep in mind that if you take too much time, evidence gathering is going to be harder.
If you have suffered a major injury, secure legal representation immediately. Your attorney will help you with evidence and communications, so you can focus in recovering while they build your case.