Following a car accident that was not your fault, you might be grappling with physical pain and mounting medical bills. The good news is that you can seek compensation in two ways: a personal injury lawsuit and an insurance claim.
Both options can provide financial relief. Still, deciding requires careful consideration.
Filing an insurance claim is often the first step
Filing an insurance claim involves notifying your insurance company and providing documentation of the incident. This can include police reports, medical records and repair estimates. The insurance company will carefully evaluate the damages and offer you a settlement amount based on their assessment of the losses.
In Missouri, insurance companies must act in good faith when handling claims. Still, insurance companies are businesses, and their primary goal is to minimize payouts. This means you may receive a lower settlement than you deserve.
Pursuing a personal injury lawsuit can offer more
In most cases, you may need more than the insurance settlement to cover your expenses. Filing a personal injury lawsuit can secure you more financial support, including compensation for pain and suffering, lost wages and future medical expenses.
There is, however, a strict time limit on filing a lawsuit. In Missouri, you have five years from when the accident occurred to do this. Missing this deadline could result in the loss of your right to sue.
To build a strong case, you will need to demonstrate that the other party’s careless actions or inactions (negligence) directly led to your injuries. This can involve gathering evidence and possibly hiring expert witnesses.
Which one is for you?
There is no straight answer when deciding which one best suits your case. How severe were your injuries? Severe injuries typically necessitate more comprehensive medical care and could provide grounds for legal action.
It may also depend on how cooperative the insurance company is. A lawsuit might be necessary if they are uncooperative or offer a low settlement.
Those who find the best resolution for their unique case often have an experienced attorney on their side. So, it is also crucial to enlist legal help when pursuing the compensation you deserve.
