Saturday, June 19, 2010

Five Things You Must Know Before Filing a Personal Injury Lawsuit

Personal injury is a complex area of law that is different depending on what state you are in. What follows are five things that you need to know before filing a personal injury case in the state of Missouri.

Is there a time limit for filing a case?

Yes, all Missouri personal injury claims and lawsuits must be filed within the time limit from the date of the loss or accident. This is why it is important to contact a Missouri injury attorney as soon as possible after the accident so he can advise you on the applicable deadline.

Is an attorney required?

No, Missouri law does not require you to hire an attorney for your case. You should be aware, however, that the insurance company is sure to have an entire team of highly skilled lawyers working on your case. These lawyers are instructed to pay attention only to the bottom line. They will be skilled at selling their offers and making you believe that they are offering what is best for you. A trained personal injury lawyer will have a great deal of experience dealing with insurance company lawyers.

Will I have to go to trial if I hire an attorney?

No, an injury lawyer is there to represent you, to advise you on the best route forward and to argue your side of the case - whether that leads to full trial, or settlement beforehand will depend on the individual case. Often times it is the threat of full trial that leads to a fair settlement. Your Missouri injury attorney can advise you on the best way to play your hand.

Will the insurance company spy on me?

Absolutely. They will have insurance investigators watching you to see if you have lied about your injuries. This is why it is critical that you be entirely honest with your lawyer. It is also important that you set aside pride. Often when our doctors tell us we must rest for five days, by day three we are up and about in a limited fashion and we are resuming full activity by day four. In personal injury cases this is crucifying. If the doctor says to use the brace for two months then you need to use it for two months, period.

How much will a personal injury lawyer cost?

Most St. Louis injury attorneys will not charge for their services but will work for a percentage of the settlement or summary judgment. Be sure you understand the payment agreement upfront to avoid any surprises on settlement day.

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