Personal Injury Law in Springfield, MO
Were you hurt due to another’s negligence in Springfield? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Springfield, MO can help navigate the lawsuit to make sure you receive all of the compensation you deserve.
What Is Personal Injury Law?
Personal injury law in Springfield relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.
Examples of Personal Injury Claims in Springfield, MO
Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in Springfield
The Missouri Department of Health and Human Services reports that auto accidents are the top cause of death for Missourians 1-25 years old. It’s also notable that unintentional injuries are the foremost cause of death for anyone up to the age of 44. These types of incidents also make up a significant portion of ER visits in Springfield and the rest of Greene County. According to data from the Missouri Department of Health & Senior Services reports 23,293 emergency room trips due to injury or poisoning.
Steps in a Personal Injury Lawsuit in Springfield, MO
Once you determine that you wish to proceed forward with a personal injury action in Missouri
A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.
After discovery, the mediation process typically begins in earnest. While your lawyer may reach an agreement at any time, all efforts go toward an amicable settlement. If you cannot find a workable solution, then going in front of a judge and jury in Springfield may become the final step.
Missouri Personal Injury Settlement
With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.
While the amount of damages depends on the circumstances of your case, you can consider precedent in Springfield. For example, a Direct Auto Insurance blog reports the following common costs that follow a motor vehicle accident:
- Lost wages due to absence from work
- Pain and suffering
- Medical bills, including physical therapy and mental wellness appointments
- Mileage traveled while taking care of injury-related tasks
If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in MO, that means you risk not receiving any compensation at all.
Damage Awards in Missouri
If your Missouri personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.
Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.
General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.
Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific.
There is no limit to the amount of the award a jury can give to a plaintiff in the Greene County Circuit Court, with a few exceptions. For example, wrongful death suits, due to medical malpractice, tops payment out at $350,000 currently.
Statute of Limitations in Springfield, MO Personal Injury Law?
The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.
You can file a personal injury lawsuit in Springfield up to 5 years after the qualifying event occurred. Failure to take action within that time may result in an immediate dismissal of the case.
We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury.
Work With an Experienced Springfield, MO Lawyer
Pursue a personal injury claim in Springfield against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Missouri state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!