816-326-2968Car accidents can lead to a wide range of injuries, from minor scrapes and bruises to more serious, long-term conditions that can significantly affect your life. In Missouri, as in other states, people involved in car accidents have legal rights that can help them recover damages for medical expenses, lost wages, pain, suffering, and other costs associated with long-term injuries. Understanding these rights, especially when dealing with long-term injuries, is crucial to ensure that you are properly compensated for the full extent of your damages.
In Missouri, personal injury claims related to car accidents are governed by a “fault” system, meaning that the person who is responsible for the accident is liable for the injuries and damages that result. If you suffer from long term injuries from a car accident, it’s important to understand how you can protect your rights and pursue compensation.
1. Types of Long-Term Injuries From Car Accidents
Long-term injuries can vary greatly depending on the severity of the accident and the nature of the injuries sustained. Some of the most common long-term injuries resulting from car accidents include:
- Whiplash and Neck Injuries: Whiplash occurs when the head is suddenly jerked forward and then backward, causing injury to the soft tissues of the neck. While many people recover from whiplash within a few weeks, some may experience chronic pain, stiffness, and limited mobility in the neck for months or even years.
- Spinal Cord Injuries: Spinal injuries are some of the most severe consequences of car accidents. Damage to the spinal cord can result in partial or complete paralysis, affecting a person’s ability to move or feel parts of their body. Even less severe spinal injuries, such as herniated discs, can cause persistent pain, numbness, and limited mobility.
- Traumatic Brain Injuries (TBI): Car accidents are a leading cause of TBIs, ranging from mild concussions to severe brain injuries. Symptoms of long-term brain injury may include cognitive impairments, headaches, dizziness, mood changes, and memory loss. In some cases, the injury can permanently affect a person’s ability to function in daily life.
- Broken Bones and Joint Injuries: While fractures and broken bones can heal over time, some may lead to long-term complications such as chronic pain, arthritis, or mobility issues, particularly if the bone is not properly set or if the injury is severe.
- Internal Injuries: Some car accidents cause damage to internal organs such as the liver, kidneys, or lungs. Even if these injuries are initially treated, they can result in long-term issues, such as chronic pain, reduced organ function, or the need for future medical procedures.
Psychological and Emotional Injuries: The mental and emotional effects of a car accident can be just as debilitating as physical injuries. Conditions such as post-traumatic stress disorder (PTSD), anxiety, and depression can persist long after the physical wounds have healed. These conditions can also interfere with your ability to work and live a normal life.
2. Understanding Your Rights in Missouri
If you’ve sustained long-term injuries in a car accident in Missouri, you have the right to seek compensation for your medical expenses, lost wages, pain and suffering, and other damages. Here’s an overview of your rights:
Right to Compensation for Medical Expenses
In Missouri, if you are injured in a car accident and the other driver is at fault, you are entitled to compensation for the medical costs associated with your injury. This includes immediate medical care, as well as ongoing treatment for long-term injuries. For example, if you need physical therapy for months or years following an injury, the cost of those treatments should be covered.
Additionally, if you require surgery, prescription medications, or other forms of medical care to address long-term consequences of the accident, you have the right to seek compensation for these costs as well. In some cases, future medical expenses can also be factored into your claim if it is likely that you will need long-term care.
Right to Compensation for Lost Wages
If your injuries prevent you from working, you have the right to claim compensation for lost wages. This includes not only the wages you lose immediately after the accident but also any future loss of earning capacity due to long-term injuries. For example, if your ability to work is permanently affected by a spinal injury or brain injury, you can seek compensation for the income you would have earned if you had not been injured.
Right to Pain and Suffering Damages
In Missouri, victims of car accidents may be entitled to compensation for pain and suffering resulting from long-term injuries. This includes both physical pain and emotional distress caused by the accident. The law allows for compensation for the ongoing pain associated with conditions like chronic back pain, headaches, or mobility limitations.
Additionally, if your mental health is affected—such as experiencing anxiety, depression, or PTSD—these psychological injuries can also be taken into account when calculating your damages.
Right to Compensation for Property Damage
In addition to medical costs and lost wages, you have the right to seek compensation for property damage resulting from the car accident. This includes the repair or replacement costs for your motorcycle, car, or other personal property damaged in the accident. If your injuries require you to purchase medical equipment or modify your home for accessibility, these costs can also be included in your claim.
Missouri’s Comparative Fault Rule
Missouri follows a comparative fault system, meaning that if you are partially responsible for the accident, your compensation may be reduced by the percentage of fault you share.
For example, if the court determines you were 20% at fault for the accident, your compensation will be reduced by 20%. This rule applies even if you are partially responsible for the accident, so it’s important to accurately assess the situation and document your injuries and damages carefully.
Statute of Limitations
In Missouri, the statute of limitations for filing a personal injury claim is generally five years from the date of the accident. This means that you have five years to file a lawsuit or make a claim for compensation. However, in some cases, the timeline may be shorter or longer depending on the specifics of the accident or the type of claim. It’s crucial to consult with a legal professional as soon as possible to ensure that you don’t miss any important deadlines.
3. Proving Long-Term Injuries
Proving long-term injuries can be more complicated than proving short-term injuries because they require documentation of the ongoing effects of the accident. This may involve:
- Medical records: You will need to provide detailed medical records from doctors, specialists, and other healthcare providers who treated you after the accident. These records should outline the nature of your injuries, the treatments you’ve received, and any long-term effects you’ve experienced.
- Expert testimony: In some cases, expert witnesses, such as doctors or vocational rehabilitation specialists, may need to testify about the long-term effects of your injuries. These professionals can help explain how your injuries will impact your life and your ability to work, as well as the cost of future medical care.
- Documentation of lost wages: You will need to provide evidence of your lost income, such as pay stubs, tax returns, or employer statements, to show how the accident has affected your earning capacity.
- Personal testimony: Your own testimony about the impact of your injuries on your daily life can be a crucial part of the case. This includes how your injuries have affected your ability to perform routine activities, your emotional well-being, and your relationships.
4. Working With Insurance Companies
After a car accident, dealing with insurance companies can be frustrating. Insurance adjusters often aim to settle claims quickly, sometimes offering settlements that don’t fully cover the long-term effects of your injuries. It’s important to:
- Document everything: Keep a detailed record of all medical treatments, communications with insurance companies, and any expenses you incur as a result of your injuries.
- Consult with a legal professional: If you are facing difficulties with your claim or feel that the settlement offered is insufficient, it may be worth consulting with a personal injury lawyer who can help you navigate the process and ensure that you receive fair compensation.
Suffering from long-term injuries due to a car accident can be devastating. It’s important to understand your rights under Missouri law, including your right to seek compensation for medical expenses, lost wages, pain and suffering, and other costs. By carefully documenting your injuries, working with your healthcare providers, and understanding the legal process, you can ensure that you are fairly compensated for the full extent of your damages.
Contact Our Car Accident Attorneys About Your Personal Injury Case
If you’ve been injured in a car accident in Missouri, don’t hesitate to take action to protect your rights. Whether it’s through insurance negotiations or legal action, taking the necessary steps can help you secure the financial support you need to move forward with your life. Aramjoo Law Firm is here to serve you. Contact us today at 816-408-6499 or online to schedule your free consultation.