Personal Injury Lawyer in Union, MO
The insurance adjuster usually calls within a few days of an injury. By then there are already medical bills, and maybe missed paychecks, and soon there may be a request for a recorded statement or a settlement offer. Schmanke Law Firm represents people in Union and the surrounding area who were hurt because of someone else's carelessness.
Whether you have a claim
Most personal injury claims are based on negligence, which in plain terms means someone didn't take the care a reasonable person would have taken, and you were hurt as a result. That question usually can't be answered from the injury alone. It depends on what happened, what the other person should have done differently, and what evidence shows it. Two accidents that look similar can come out very differently once the facts are laid out.
Some injuries go through a different system entirely. If you were hurt on the job, that's usually handled through Workers' Compensation rather than a personal injury claim against your employer.
When the insurance company calls
Many people first hear about their claim from an insurance adjuster, often within days. The adjuster works for the insurer and evaluates the claim on its behalf. That's their job, and many adjusters are professional and straightforward about it. You may be asked for a recorded statement, a medical records authorization, or information about your injuries and work. At some point, you may receive a settlement offer.
A settlement almost always comes with a release. Once you sign it, the claim is usually over for good, even if your injury turns out to be worse than it seemed at the time. It helps to understand what you're giving up, and what the claim may actually be worth, before signing.
You don't need to stop talking to the insurer. But it's reasonable to talk with a lawyer before giving a recorded statement or accepting an offer.
What a claim can cover
Missouri law allows an injured person to recover damages for losses caused by the injury. Depending on the facts, that may include medical expenses, both past and expected future care, and income lost because you couldn't work or can't earn what you did before. It may also include pain, physical limitations, and the ways the injury has affected your life, which are harder to put a number on but are part of many claims.
Which of these apply, and in what amount, depends on the injury, the evidence, and how responsibility is divided. None of it is automatic.
If you were partly at fault
Missouri follows what's called pure comparative fault. If you're found partly responsible for your own injury, your recovery is reduced by your share of the fault rather than wiped out. For example, if a jury finds you 20 percent responsible, your damages are reduced by 20 percent. You can still recover something even if you're found mostly at fault, as long as the other party carries some share of the responsibility. Insurers often argue about fault percentages, so this frequently becomes part of the negotiation.
What your lawyer does
Most of the early work is gathering information. That means collecting the accident report, photos, witness information, and your medical and employment records. Sometimes it means going back to the scene or reviewing video before it's deleted. The lawyer also looks at who may be responsible and what insurance applies, since there can be more than one party or policy involved.
Once the injury is better understood, the lawyer puts together the claim and sends a settlement demand to the insurer. When an offer comes back, the lawyer explains what it covers and what it leaves out, and you decide whether to accept.
If the claim doesn't settle, the next step is usually a lawsuit. That brings formal discovery, meaning written questions, document requests, and depositions, and may end in mediation, a settlement, or a trial. Many cases settle at some point along the way. Some go to trial. Nobody can tell you at the start which yours will be.
Hiring a lawyer also means the insurer deals with your lawyer instead of you, and someone who knows the process and will fight for you.
How long you have to file
In Missouri, most personal injury lawsuits must be filed within five years of the injury. That's a longer deadline than many states have.
It doesn't apply to everything. Claims involving a death, medical care, or a government entity follow different rules, and some have much shorter deadlines or notice requirements. Deadlines can also work differently when the injured person is a minor.
Even with a long deadline, evidence is easier to gather early, so it's worth talking to someone sooner rather than later.
Frequently Asked Questions
How much is my personal injury case worth?
There isn't a formula. Value depends on the injury itself, the treatment you needed, how fully you've recovered, what income you've lost, how clearly the evidence shows fault, how fault is divided, and how much insurance coverage is available. A realistic estimate usually isn't possible until your treatment has progressed far enough to know the long-term effects of the injury.
How long does a personal injury case take?
A claim with clear fault and a completed course of treatment can sometimes resolve within months. Cases that go into litigation often take a year or more. A common reason for waiting early on is that it's hard to value a claim until you know how the injury will heal. Settling too soon can mean settling before the full cost is known.
Do I have to go to court?
Many personal injury claims resolve through negotiation without a lawsuit. Others are resolved after a lawsuit is filed but before trial. You would have to testify only if the case went to trial or you were deposed.
Whether to accept a settlement or keep going is your decision.
Does the at-fault person pay me directly?
Usually not. In most cases, payment comes from the at-fault person's insurance company, which is why so much of a claim involves the insurer. Where insurance is limited or absent, other sources such as your own uninsured or underinsured motorist coverage may come into play, depending on your policy.
How much does a personal injury lawyer cost?
Fee arrangements for personal injury claims can be discussed during your free consultation, before you decide anything.
Talk With a Personal Injury Lawyer in Union
If you were hurt and aren't sure whether you have a claim, schedule a free consultation at our Union office at 301 East Main Street. Appointments are also available at our Owensville office. Bring any paperwork you have, such as an accident report, insurance letters, or medical bills.