When someone is injured in a car accident, they often need help to deal with the high cost of medical treatment, and the financial burdens associated with lost wages. Car accidents often leave the victims in a financial turmoil, which can have a huge impact on the victim’s quality of life. However, if the car accident was a result of another driver’s negligence, compensation may be available to the victim. The injured person may pursue a civil lawsuit to claim compensation from the at-fault driver. However, it is important to note that these lawsuits must be filed within a specific period of time, as set by the statute of limitations.
There are many intricacies and subtleties of law that the average person might not understand. At times, victims lose their right to compensation, because of a simple mistake they make. Remember, statute of limitations has a direct bearing on your ability to pursue a lawsuit, and there is no place for misunderstandings. Here are some of the common mistakes that car accident victims should avoid in order to reserve their right to a fair compensation.
Myth 1: You can file for compensation whenever you want
This is the biggest and most common misunderstanding. Each state has set a specific time limit on injury claims. According to Missouri’s statute of limitations, a person who has been injured due to the negligence of another person has up to 5 years to file a civil lawsuit. However, in case of intentional injury, the time period is only 2 years. In some cases, such as those involving medical malpractice the plaintiff has 2 years to file a lawsuit.
Myth 2: If the injury is diagnosed after the statute of limitations has expired, you cannot file a claim
Missouri statute of limitations has a built-in discovery rule, which states that the law starts counting time against the statute of limitations only after the person learns about his/her injury. For example, certain injuries such as traumatic brain injuries may not show until months or even years, and by the time the victim receives a diagnosis, it is possible that the statute of limitations is already lapsed. In such cases, the victim can still file a lawsuit to make a claim for compensation.
Myth 3: If a person is injured as a child, he/she has no legal options as an adult
If the injury is a result of medical malpractice, the law generally does not start counting down the time limit on statute of limitations until after the injured person becomes an adult. However, for other types of injuries such as those resulting from car accidents, normal rules for statute of limitations typically apply.
If you have been injured in a car accident, you may have huge bills to pay. To make a successful claim, you should get in touch with a competent and experienced St. Louis accident lawyer. The injury attorneys at The Hoffmann Law Firm, L.L.C. can help you file a St. Louis car accident lawsuit and get the compensation you deserve under Missouri law. Call (314) 361-4242 for a free consultation.