The actions you take following an auto accident or other types of accidents can affect your ability to file a claim for damages. If you base your actions on common myths, it may be more difficult for a personal injury attorney to obtain a fair settlement for you. By reviewing a few common misconceptions, you can avoid the pitfalls that weaken your case.

3 Common Myths That Harm Your Auto Accident Claim

1. You Have 1 Year to File a Claim

Many people rush through the lawsuit process because they believe they only have a small window to file. While there is a statute of limitations, the time you have to file varies by state. In Missouri, you have up to five years to file. While this may seem like a long time, this can pass quickly: By the time you tried to go through your insurer, have consulted an attorney, attempted negotiations for a settlement, and collected evidence to support your claim, there may only be a short time left to file a lawsuit. There are also important exceptions to the five year rule that an attorney can help you navigate.

2. Your Actions Won’t Influence a Settlement 

Most people think that pursuing claim, in which the other party is clearly at fault, will absolve them of blame. Missouri is a “shared fault” state, meaning your actions in causing the accident will be considered. For instance, if you were involved in an auto accident in which your brake lights weren’t operating when a truck rear-ended you at a stop light, you may be held partially responsible. Supposing a settlement of $10,000 is awarded, but the court determined you were 15% responsible for causing the accident, you will only receive $8,500 of that settlement award.

3. There’s a Limit to How Much You Can Seek in Damages

In many states, there is a limit, or cap, to the amount of money you can seek in damages. This can curb how much a lawyer can ask for to compensate their client. However, there are no laws in Missouri that limit the amount of damages you can claim.

Kirksey Law Firm, LLC has been representing auto accident clients in the Bolivar, MO, area for many years. Their personal injury attorneys have the expertise and familiarity with Missouri law to help their clients obtain the best outcome. To learn more about the legal services they offer, visit their website or call (417) 326-4529 to schedule a free consultation.