There is no honest lawyer in the world who can tell you exactly what your car accident case is worth in a first conversation. Anyone who gives you a specific dollar amount before reviewing your medical records, the police report, and the insurance policies involved is guessing — or worse, telling you what you want to hear. What I can tell you is how the value of your case is determined and what factors make it go up or down.
The Categories of Damages
In Missouri, car accident victims can recover compensation in several categories. Economic damages are the calculable losses: medical bills (past and future), lost wages, lost earning capacity, vehicle repair or replacement, and out-of-pocket expenses like prescription medications, medical equipment, and mileage to doctor’s appointments. These are supported by bills, receipts, and pay stubs. Non-economic damages are harder to quantify but often represent the largest part of a settlement: pain and suffering, emotional distress, loss of enjoyment of life, and the impact the injuries have had on your daily activities and relationships. Missouri does not cap non-economic damages in most personal injury cases, which means there is no arbitrary limit on what a jury can award.
What Drives the Value Up
Several factors tend to increase the value of a car accident case. Severe or permanent injuries — spinal cord damage, traumatic brain injuries, injuries requiring surgery, permanent disability, disfigurement — result in higher compensation because the medical costs are higher and the impact on your life is greater. Clear liability matters too. If the other driver was obviously at fault (ran a red light, was drunk, was texting), the insurance company has less room to argue. Consistent medical treatment shows the insurance company that your injuries are real and serious. And higher insurance policy limits mean more money is available to compensate you.
What Drives the Value Down
Gaps in medical treatment are the number one case killer. If you stop going to the doctor for three months and then go back complaining of pain, the insurance company will argue you weren’t really hurt. Pre-existing conditions can complicate things, though Missouri law says a defendant must “take the plaintiff as they find them” — meaning if the accident aggravated a prior condition, you’re still entitled to compensation for the aggravation. Shared fault can also reduce your recovery. Missouri follows a pure comparative fault rule, which means your compensation is reduced by your percentage of fault. If you’re found 20% at fault, your award is reduced by 20%.
The Insurance Company’s Playbook
Insurance companies have one goal: pay you as little as possible. They will use every tool available — recorded statements, surveillance, social media monitoring, and “independent” medical examiners — to undermine your claim. They know that unrepresented claimants accept lower settlements. Having a lawyer with real courtroom experience who is willing to take a case to trial changes the equation entirely.
Get an Honest Evaluation
If you want to know what your case is actually worth, the first step is a free consultation with an experienced attorney who will review the specific facts of your case. I’ll give you a straight answer about the strengths and weaknesses of your claim and what I think a realistic recovery looks like. When you’re hurt, call Kurt. (417) 553-4898.
Related Resources
- Car Accident Lawyer Joplin
- What to Do After a Car Accident in Missouri
- What Does a Personal Injury Lawyer Actually Do?
If you’ve been injured, contact Benecke Injury Law at (417) 553-4898 for a free case review.