After a car accident that wasn’t your fault, you can recover compensation for your injuries and other damages. In 2022, the average car insurance liability claim for bodily injury was $24,211, and the average liability claim for property damage was $5,313. However, understanding the average car accident settlement in Missouri does not help those who have been involved in a car accident, as every accident and settlement is unique.
If someone else was at fault for your accident and injuries, then you should be able to recover the financial cost of the damages you suffered. The exact value of your settlement will rely on a multitude of factors, and what is fair will not have anything to do with what the average settlement is.
Factors That Affect the Value of Your Car Accident Settlement
The primary influencing factor on the value of a car insurance claim is the specific damages you sustained in the accident, which you can recover in the claim. The possible damages you could claim include:
- Property Damage: You can recover the repair or replacement costs of damage to your vehicle or other personal property. The severity of the property damage that you sustained in the accident and the value of that property will affect the final settlement amount.
- Medical Bills: A settlement includes the cost of any medical bills, including transport to receive care and any medical treatments, as well as any rehabilitative and long-term care needs related to the injury. If you are in an accident involving injuries, your settlement is likely to be significantly higher.
- Lost Income: When you have to take time off work to recover, the wages you would have earned are a part of your settlement. Your settlement then relies on how long you are unable to return to work and your typical earnings.
- Lost Earning Potential: These damages apply if your car accident has left you permanently impaired or disabled and you are not able to return to work. You may receive disability payments or wages that you should have earned throughout your life.
- Pain and Suffering: Settlements also include noneconomic damages, which typically are greater the higher the value of your economic damages. The more significant and long-lasting your injuries are expected to be, the higher the emotional and psychological damages are presumed to be. This increases the value of your noneconomic damages, like loss of quality of life, disability, physical pain, and emotional trauma.
Other than the exact damages, there are other factors that influence the value of your claim. These include:
- Attorney: Picking the right attorney is crucial. A more skilled attorney is more adept at investigating and negotiating a fair claim more efficiently. An experienced attorney is also better at calculating the fair value of your claim, accounting for common long-term costs.
- Evidence: The more evidence in support of your claim, the easier it can be to negotiate a fair settlement. Evidence may include CCTV footage of the accident, cell phone records, pictures and videos of the aftermath of the collision, and witness statements. This evidence can make it harder for insurance providers to deny a valid claim.
- Court or Settlement: If a claim goes to court, it may result in a higher settlement. However, it may also take much longer to resolve, and the costs of going to trial are higher. Whether you settle a claim in court or through negotiations will depend on the unique circumstances of your accident.
- Punitive Damages: If you take the claim to court, the court could award punitive damages in rare cases. These damages are only applicable when the at-fault party acts with malice or excessive negligence. If they are awarded, they can significantly increase the value of the settlement.
- Comparative Fault: Missouri has comparative fault laws, which means that, if you are partially to blame for the accident, it affects your settlement. In some cases, you cannot recover compensation. In other cases, your final settlement is reduced.
FAQs
Q: How Much Are Most Car Accident Settlements?
A: The value of a car accident settlement varies based on multiple factors. Some of these include:
- The value of your economic and noneconomic damages
- Whether the claim is settled outside of court or goes to court
- How long the injuries are expected to impact a victim
- If the injured party has any partial fault in the accident
- Whether the court assigns punitive damages for gross negligence
- The significance of the evidence in support of the claim
- The skill of the injured party’s attorney
- The insurance coverage of the at-fault party
Q: How Much Money Should I Ask for in a Car Accident Settlement?
A: The amount of money you should ask for in a car accident settlement is the value of the economic and noneconomic damages that you suffered. Depending on the circumstances of your accident in Missouri, these may include:
- Medical bills
- Rehabilitative care
- Expected medical complications
- Lost income
- Lost earning potential
- Replacement services
- Property damage
- Pain and suffering
- Loss of quality of life
- Post-traumatic stress disorder
An attorney can calculate a fair amount for a settlement based on your unique damages.
Q: How Long After a Car Accident Can You Sue in Missouri?
A: After a car accident, you can sue within five years if you have a valid personal injury civil claim. This is the statute of limitations for personal injuries in Missouri. If you do not file your claim within this time period, you lose the ability to recover compensation. This only applies to civil claims and does not apply to car insurance claims. Each private insurance provider will have its own period of time you must file by, and it is usually a much shorter timeframe.
Q: Is Missouri a No-Fault State for Car Accidents?
A: Missouri is an at-fault state for car accidents, so if you are injured in a car accident, you can file with the car insurance provider of the driver who was at fault for the accident. In a car insurance claim, you can recover the damages you sustained in the accident, such as property repair or replacement costs, medical bills, and other damages. Getting the compensation you are owed can be more straightforward with a skilled car accident attorney.
Getting the Compensation You Deserve After a Car Accident
If you or a loved one has been involved in a car accident, the attorneys at The Cagle Law Firm can help you file a claim. Contact our firm today.
About The Author
Zane T. Cagle
Zane T. Cagle is the founding president and lead trial attorney at The Cagle Law Firm. With a strong dedication to his clients, he has built a reputation for his tenacious representation in personal injury cases, ensuring each client's unique story is heard.
Areas of Practice: Personal injury, motor vehicle accidents, wrongful death.
Bar Admissions: Supreme Court of Missouri, Illinois & Kentucky. Superior Court of U.S. Virgin Islands
Education: Washington University School of Law.
Awards: Super Lawyers, Top 40 Under 40 by The National Trial Lawyers Association, 10 Best in Missouri for Customer Satisfaction.
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