Missouri personal injury, frequently asked questions
Answers to the questions we hear most often from injury victims across the St Louis metro area.
Personal injury FAQ
Answers to the questions we hear most often from injury victims across Missouri.
Nothing upfront. We work on a contingency fee basis -- our fee is a percentage of what we recover for you, and only if we win. If we do not recover anything, you owe us nothing at all.
Five years for most personal injury claims under RSMo 516.120. Medical malpractice is two years under RSMo 516.105. Wrongful death is three years under RSMo 537.100. Claims against government entities may have notice requirements as short as 90 days.
Yes. Missouri follows pure comparative fault. Your compensation is reduced by your percentage of fault but not eliminated. Even if you were 40 percent at fault and your damages are $100,000, you recover $60,000.
Straightforward cases often settle within six to twelve months. Cases involving disputed liability or severe injuries can take 18 to 36 months. Cases that go to trial take longer. We give every client a realistic timeline after reviewing their specific facts.
Injured in Missouri? Tell us what happened for a free case review with no obligation.
More questions about Missouri injury claims
Do I have to give the insurance company a recorded statement?
No. You are required to cooperate with your own insurer, but you are under no obligation to give a recorded statement to the other driver’s insurance company. Those statements are taken early, before the full extent of an injury is known, and are used later to argue that the injury was minor or that you accepted blame.
What is my Missouri injury claim worth?
There is no formula. Value is driven by the severity and permanence of the injury, how clearly fault sits with the other side, the insurance available to pay, and the percentage of fault assigned to you. A claim against a driver carrying only the Missouri minimum liability policy may be limited by that policy rather than by what the case is worth.
What happens if the driver who hit me had no insurance?
Your own uninsured motorist coverage may pay the claim. Missouri requires uninsured motorist coverage on every policy, and underinsured motorist coverage is commonly added. These claims are made against your own insurer, which does not mean they are straightforward.
Will my case have to go to court?
Most Missouri injury claims settle without a trial. Filing suit is often what moves an insurer to make a serious offer, so a case being filed does not mean it will be tried. Preparing every case as though it will be tried is what gives a settlement position weight.
How soon should I contact an attorney after an accident?
As early as possible. The five year deadline under RSMo 516.120 is generous, but the evidence that decides a case is not. Vehicle damage is repaired, road surfaces change, CCTV is overwritten on a cycle of days or weeks, and witnesses become harder to trace.
What if my injuries did not appear until days after the crash?
Delayed symptoms are common with soft tissue injuries, concussions and back injuries, and they do not invalidate a claim. They do make prompt medical documentation more important, because an insurer will argue that a gap between the crash and the first medical visit means the injury came from something else.
Still not sure where you stand? Tell us what happened and an attorney will call you back. The review is free and there is no obligation.
Free, confidential consultation — no obligation, no pressure.
Ready to talk about your case?