When you are in a car accident in Missouri, you are generally entitled to both non economic and economic damages. Fault is determined is by negligence, which means that whoever is responsible for the accident happening is deemed to be at fault and, therefore, liable for any injuries and damages of the other party on top of their own injuries and damages. Since Missouri is a comparative fault state, it might also be the case that more than one driver is partially responsible for paying for the accident.
Dealing with the Insurance Company
Non economic damages are things that are more subjective like pain, suffering and emotional distress, while economic damages are concrete expenses like lost wages and medical bills.
An insurance company is like any other business. Its goal is to minimize their liability and to protect its bottom line. This is important to remember that when you are offered a settlement for your damages and injuries. The insurance company will not be working hard to give you all to which you are entitled. It will be working overtime to limit how much it has to pay you.
When Pre Existing Conditions Come into Play
There are times when a person with pre existing medical conditions is in an accident and their pre existing conditions make the injuries from the accident worse. For instance, if you have a spine injury before your accident and are hit from behind during the accident, that would only exasperate the pre existing condition that you already have. Therefore, the insurance company might argue that, because of the condition that you had prior to the accident, your medical bills aren’t something they should be liable for.
The reality is that if you had not been hit from behind and been injured in the car accident, you would not have been injured. This sounds obvious, but insurance companies are known for twisting this idea. While it might be true that your pre existing condition might have made the injury worse than it would have been had you not had a pre existing condition, that does not negate the fact that someone hit you caused you to incur medical bills.
Pre existing conditions might play a minor role in regards to that which an injured driver is entitled. If you have an insurance company insisting that you aren’t entitled to what you need or deserve due to your prior injury or injuries, it is critical to have an experienced St. Louis car accident attorney in your corner to defend you.
Don’t ever take a settlement offer without first speaking with an experienced attorney. Even if you had pre existing conditions that made the injuries you sustained worse, those injuries should have no bearing on what you are entitled to collect for the injuries you sustained during the accident. The best way to know for sure that you are being offered a fair settlement is to have a knowledgeable attorney look over your claim.