Common Questions About Missouri Personal Injury Claims
Q: I was in an accident but didn’t go to the doctor right away. Is that a problem?
A: Failing to seek immediate medical attention can be a significant issue. Insurance companies may argue that the delay in treatment suggests your injuries are not serious or were not caused by the accident. It’s crucial to see a doctor promptly to document your injuries and begin a clear record of treatment.
Q: Should I accept the first settlement offer the insurance company gives me?
A: It is generally not a good idea to accept the first offer. Initial offers are often significantly lower than the actual value of your claim. A lawyer can help you assess the full extent of your damages, including medical bills, lost wages, and pain and suffering, to ensure you receive fair compensation.
Q: What if I’m struggling with my mental health after an accident? Is that something I can be compensated for?
A: Yes. Psychological and mental health conditions resulting from an injury or accident are a valid part of a personal injury claim. This includes trauma, anxiety, and other emotional distress. If you’ve received a settlement offer that doesn’t account for these aspects, it may be for less than what you are truly entitled to.
Q: My doctor gave me a treatment plan, but I didn’t complete it. How does that affect my case?
A: Not following your doctor’s treatment plan can harm your case. Insurance companies may argue that you failed to “mitigate your damages”—meaning you didn’t do everything you could to recover. This could lead to a reduction in the compensation you receive, as they might claim your permanent limitations are a result of your own non-compliance, not the accident itself.
Q: The insurance adjuster called me and wants to talk. Should I speak with them?
A: It is highly recommended that you do not speak with insurance adjusters without first consulting an attorney. Adjusters are trained to find information they can use against you. They might twist your words or only record parts of the conversation that benefit their case. An attorney can prepare you for what to say and ensure the record remains accurate and clear.
Q: Do I really need to hire a personal injury attorney? Can’t I just handle the claim myself?
A: While you can handle a claim on your own, it’s not advised. An attorney can help you identify all potential defendants and insurance policies, ensure all medical bills are accounted for, and prevent debt collectors from taking your settlement money. Without legal guidance, you risk missing out on potential compensation and may find yourself in a difficult financial situation even after a settlement.
Q: What if I’m not completely honest with my attorney about all the details of my case?
A: Being dishonest or withholding information from your lawyer is one of the most damaging things you can do to your case. Surprises can come out during discovery or trial that could severely harm or even destroy your claim. Your attorney needs all the facts, good and bad, to prepare the strongest possible case for you. Everything you tell them is confidential.
Q: Can I still post on social media after my accident?
A: You should be extremely cautious about what you post on social media. Insurance companies frequently monitor social media profiles for evidence that contradicts your injury claims, even if your profiles are set to private. Posts showing you engaging in activities that are inconsistent with your reported injuries can be devastating to your claim. It’s best to avoid posting anything about your accident, your injuries, or your recovery.
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