Oakville, MO Car Accident Lawyer

Oakville, MO Car Accident Attorney

If you are involved in a car accident that was not your fault, you must act quickly to recover compensation from the at-fault driver’s insurance carrier. Unfortunately, this is not easy to do as you navigate treatment, surgeries, and recovery. Because compensation is crucial to cover that same treatment, it’s in your interests to work with an Oakville, MO, car accident lawyer. By doing this, you can rely on a professional to file your claim or lawsuit on your behalf while you recover from your physical injuries.

Car accidents can result in many different types of injuries and damages, from minor property damage to serious and life-altering injuries. These damages can cause you significant financial hardship, and you should not be ultimately responsible for those costs if the accident was not your fault. Despite this, insurance adjusters do not want to give you the compensation that you are owed, so they will try to undermine your claim. Insurance companies are in the business of making money and paying out fair claims in not in their best interest. An injury attorney can help you get the fair compensation you deserve.

The Cagle Law Firm: Experienced Oakville Auto Crash Attorneys

Filing a car insurance claim can be stressful, and insurance adjusters often do not help these feelings. It’s important to understand that an insurance adjuster has the primary goal of limiting their own insured’s liability, and they are not on your side. At The Cagle Law Firm, we want to help our clients secure the compensation they need after serious injuries from a car accident. Rather than accepting a lowball settlement, you can work with our team to likely secure the highest amount of compensation possible.

Our car accident lawyers understand both insurance claims and file civil lawsuits daily.  Each case involves proving fault and the full extent of each clients’ injuries and damages.  Attempting to file these claims or lawsuits on your own behalf while trying to physically recover creates stress and most often doomed to failure. . By working with The Cagle Law Firm, you can be confident that your claim is being managed expert litigation attorneys. You won’t have to deal with an insurance adjuster and can instead focus on recovery.

What Are Common Causes of Motor Vehicle Collisions?

We all agree to follow the rules of the roadway as part of the driver licensing process. Under the law, we also agree to have auto insurance as a legal requirement to operate a vehicle. When you drive on the roadway, you take precautions to follow the rules of the road to keep oneself and others safe on the roadways. Unfortunately, this care does not always prevent collisions from happening, especially those caused by other parties. Driver error is still the primary cause of most motor vehicle collisions. Understanding the causes of a car collision is crucial to determining what party was at fault and holding that party liable. Some common causes of these accidents are:

• Driving under the influence of drugs or alcohol
• Distracted driving
• Failing to adjust driving to weather or road conditions
• Driving recklessly, such as speeding or sudden lane changes
• Failing to yield the right-of-way
• Driving aggressively, such as tailgating
• Ignoring traffic signs and signals
• Fatigued driving
• Improper road maintenance
• Failing to get the necessary car maintenance
• Manufacturer defects

Determining the cause of the accident is important for understanding who was at fault and knowing how you can recover compensation. When the cause of an accident is a negligent, reckless, or wanton driver, they may be held liable through an insurance claim. Other types of claims may be needed if it is not a driver at fault but a manufacturer, governmental agency, repair technician, or some other party. An attorney is beneficial to investigating the accident and determining your next steps.

Proving Fault Through Negligence

The majority of car accidents are caused by other drivers, and the concept of filing a claim against their insurance carrier is based on the theory of negligence. Under this action, the driver does not have to have intentionally caused the accident to be liable for the resulting damages. Pursuing an injury claim due to negligence instead means that the party acted or failed to act in a manner that demonstrated reasonable consideration for your well-being. These cases are filed against the driver and their insurance carrier because they are unintentional acts.  To prove that they are liable for your injuries, you must show the following:

1. Duty: The party owed a reasonable duty of care for your safety.
2. Breach: The party breached this duty of care through a negligent action or inaction.
3. Cause: The breach in their duty of care was the actual cause of the accident.
4. Damages: The accident caused you actual damages, either economic or noneconomic.

Drivers on the road owe a reasonable duty of care to operate their vehicles in a way that avoids causing harm, and breaching this duty of care includes negligent actions like ignoring road laws or being distracted.

Determining fault can be a complex process that requires a thorough investigation of the collision and the factors that led to it. Often times, a car accident attorney has the experience and resources needed to complete this investigation and determine who is liable for your injuries.

Compensation Available in a Car Accident Claim

In Oakville, Missouri, if you can prove that another party is entirely liable, then you could recover the entirety of your damages with a claim. Damages vary based on the unique circumstances of your accident and the severity injuries you sustained. Some of the types of damages you could recover compensation for include:

• Medical Bills: Any medical bills you currently have from the injury are compensable. These include transportation to receive healthcare, surgeries, prescriptions, medications, treatments, and other bills.
• Expected Medical Costs: Some injuries have long-term needs, are permanent, or often have future complications. Injuries may also require continued and indefinite treatment. Based on the medical treatment and medical provider recommendations, future medical expense may be compensable.
• Lost Wages and Earning Capacity: A claim can recover the average income that you would have earned if you hadn’t been injured. If your injury permanently limits your ability to do your job or prevents you from returning to gainful employment, the income you would have earned is also compensable.
• Property Damage: This includes the cost to repair or replace your vehicle and the value of other items in the vehicle if they were destroyed. (property damage claims and injury claims are separate claims).
• Noneconomic Damages: These damages have no stated financial value, but they are still recognized as losses from an injury. The value of noneconomic damages often relies on the severity of your injuries and the value of your economic damages. Noneconomic damages include pain and suffering, emotional distress, disfigurement, loss of consortium, and disability.

In rare cases, you could also recover punitive damages. These damages are awarded by the court in situations where the at-fault party acted with extreme carelessness for human life and safety.

Comparative Fault in Oakville

Fault is not always as straightforward as one party being entirely liable. If you were partially to blame for a car collision, you may be wondering if you can recover compensation for your injuries. Under Missouri’s comparative fault laws, you may still be able to recover partial damages.

If you are found to be 50% or less liable for the accident, you can still recover compensation. This compensation is reduced by the percentage of fault you held in causing the accident. However, if you are found to be 51% or more liable for the accident, you cannot recover compensation for your injuries. An attorney can help you review your situation to see if you have a viable claim and if you can reduce your percentage of liability.

FAQs

Q: What Is the Average Settlement for a Car Accident in Missouri?

A: There is no “average settlement for car accidents’ in Missouri. It is the most commonly asked question and entirely impossible to answer. The average settlement for a car accident in Missouri is dependent of the severity of the injuries suffered in the motor vehicle accident, along with other factors such as insurance coverage. Because every accident and its resulting injuries are unique, every claim is unique, and an average is unhelpful for understanding what your claim is worth. Some factors that may increase the value of a settlement include:

• High medical costs
• Injuries that impact your daily life
• High levels of property damage
• Significant time off work to recover
• Punitive damages being awarded

Q: How Long After a Car Accident Can You Sue in Missouri?

A: After a car accident in Missouri, you can sue within five years for a personal injury claim. Your petition must be filed in the appropriate court on or before the date of statute of limitations. Of course, no one should wait nearly five years to take action.  If you are injured, contact an attorney immediately so they can assist you in determining your best course of legal action in a timely, effective way to maximize your compensation..

Q: Is Missouri a No-Fault State for Car Accidents?

A: No, Missouri is not a no-fault state for car accidents but an at-fault state. Under this system, injured drivers file for benefits with the insurance carrier of the driver who was at fault for the accident. This allows injured drivers and passengers to recover the losses from medical bills, property damage, lost income, and other damages. Determining fault is, therefore, very crucial in car accidents in Missouri. An attorney is often essential for investigating accidents, gathering witness statements, photos or EMC downloads that may be necessary to determine fault and ensuring that the conclusions reached by insurance providers are fair.

Q: How Are Medical Bills Paid After a Car Accident in Missouri?

A: Medical bills are paid in car accidents like any other medical bill.  While compensation may assist in repayment of medical bills, they are the immediate financial responsivity of the injured person seeking the medical treatment. Your legal claim seeks to reimburse medical bills through compensation from the defendant’s insurance carrier. Medical bills may be finally settled or subrogated through a car insurance proceeds with the at-fault party at the conclusion of the case. An expert attorney can talk with you about these financial challenges and ways to cope during the process of your case.

Defending Your Interests with a Car Accident Attorney in Oakville

If you or a loved one was in an auto accident, contact the attorneys at The Cagle Law Firm.