Car accidents occur frequently and can happen anywhere. An automobile collision could have tremendous physical, emotional and financial consequences for all involved. Even minor accidents could have major consequences.
If you or a loved one have been injured in an automobile crash due to the negligence of another, speak to an experienced Boonville car accident lawyer.
Our attorneys at A.W. Smith Law Firm are dedicated to helping our clients seek compensation for their injuries and damages. In 2012, we helped one of our clients recover over $35 million for the damages they sustained due to a motor vehicle accident.
We can help you understand the law, your rights, and help you file your claim. You do not need to worry about legal fees unless we recover compensation for you from the negligent party. We have helped many our of clients by working on a contingency or pro bono basis. With help from a skilled personal injury attorney, you may be able to recover compensation for your injuries. Call to schedule a free consultation.
Following a crash, victims should schedule a consultation with a seasoned car accident lawyer in Boonville. An attorney from A.W. Smith Law Firm can review the facts of the case and determine if the claim has merit. After the case is thoroughly researched and prepared, the attorney will then file a personal injury claim.
The defendants will have time to respond, known as filing an answer to the formal legal complaint. At this time, settlement negotiations may begin between both sides in order to come to a resolution. Also, the fact-gathering process known as discovery begins as well. During discovery, both sides will obtain and disclose any information regarding the accident. This is important because this is when both parties determine their legal options, to settle or go to court.
If the case is not settled, then it will go to trial.
A car accident could occur due to many factors and could involve multiple parties. Due to this, the law allows for multiple defendants to be named in one lawsuit. Some defendants may not bear liability or they each could be liable for a percentage of responsibility for an accident.
Under Missouri Revised Statutes §537.067, when a defendant is less than 51 percent liable for an accident, then they are only liable for paying their portion of damages to the plaintiff.
It is important to note that if one defendant negotiates a settlement with the plaintiff outside of court, the amount of the jury award will be reduced by the settlement amount. This will decrease the amount each defendant owes to the plaintiff.
Plaintiff Liability
In some cases, the plaintiff may be found partially liable for the accident and their damages. Legal counsel for the defense will often attempt to share liability to decrease the amount of compensation awarded to the plaintiff.
For example, if the plaintiff was talking on the phone, speeding, or not wearing a seatbelt, they could have exacerbated the accident which contributed to the severity of their injuries.
If the jury determines that the plaintiff did contribute to their damages, they will be assigned a percentage of fault just as the defendants are assigned a portion. The plaintiff’s compensation will be reduced according to their degree of fault. Plaintiffs should discuss how this might impact their case with a seasoned Boonville car accident attorney.
As the dust is settling after your car accident, you may be left with pain or disability from your injuries, lost income, and extensive medical bills. Let a Boonville car accident lawyer help you hold the negligent party accountable for their actions.
A skilled attorney from A.W. Smith Law Firm can assess your damages after a car accident and help you recover compensation from the other party. To get the help you need, speak to a compassionate attorney to learn about your options. We are available to help you seven days a week, 24 hours a day. Call today to get started.
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