• Car Accidents
  • Truck Accidents
  • Workers' Compensation
  • Wrongful Death
  • Practice Areas
  • About Us
  • Videos
  • Verdicts
  • Blog
  • Contact
  • What Car Accident Compensation Am I Entitled To?

    What Car Accident Compensation Am I Entitled To?

    Receiving compensation after a car accident

    Car accidents are never fun. The car accident compensation process is often a complicated one. Besides, the last thing you want to do after a car accident is to fight a legal battle, especially if injuries are involved.

    You may get the urge to rush through the car accident compensation process just to be done with it. This idea may sound like the most painless route, but you may end up forfeiting compensation of which you didn’t know you were entitled.

    Thankfully, many attorneys offer a free consultation for these exact situations. Taking the proper steps and engaging in the right procedures will ensure you receive every bit of the compensation you deserve.

    However, several factors affect the car accident compensation you end up receiving.

    How Is car accident compensation determined in Missouri?

    Missouri is a state that uses a pure comparative fault system to determine the amount of compensation each driver might receive.

    Therefore, the insurance claims process determines a percentage-based fault for each person involved in an accident.

    A judge or jury may have to determine fault at trial if the insurance companies can not settle the claim. Determining fault in a comparative fault state is complicated.

    Unless a driver explicitly admits 100% fault for an accident, expect the process to take some time. Collect as much evidence and facts as you can. Make sure you have proper representation.

    The less fault determined to be yours, the more you can claim in damages for compensation. However, even if you are 99% at fault for an accident, you can still claim 1% of your determining damages.

    What type of car accident compensation am I entitled to claim?

    Because Missouri is an at-fault state, the driver responsible for the accident is required to pay for things like repairs, medical expenses, lost wages, and more.

    The following are all of the possible financially-related damages you may receive for car accident compensation:

    • Damages to your vehicle
    • Damage to any property in your vehicle
    • Direct damage to other property (such as your home) during an accident
    • Medical expenses (as a result of the accident, current or future)
    • Loss of capacity to provide household services (spouses or parents who can no longer do chores or care for children, etc.)
    • Cost of a rental vehicle
    • Loss of income/wages
    • Any loss of future income/wage-earning abilities
    • Lost profits (any other forms of income, such as a home business, suffering as a result of the accident)

    While these things are all directly calculable costs, non-financially-related damages are not so easy to determine.

    The following are possible conceptual damages you might be able to claim after an automobile accident:

    • Suffering from physical pains (the experience of pain, not direct medical damage)
    • Suffering from mental pain/anguish
    • Emotional distress
    • Developed mental disorders (depression, paranoia, PTSD, etc.)
    • Loss of companionship (spousal or otherwise) as a result of the accident.
    • Damage to status or public image/character due to the accident

    You can read our article on How to Calculate or Estimate Car Accident Compensation.

    What issues might arise when seeking compensation?

    First and foremost, you have to remember that insurance companies want to save as much money on their end as possible. Whether you’re dealing with your insurance company or the other driver’s, always keep that in mind.

    Legal representation can help you get the most out of your claim. Even with legal representation, issues can arise that make the situation more complicated.

    In some cases, you may have to seek partial compensation from a third-party who is determined to be at fault. Employers of at-fault drivers, car manufacturers, other drivers, and more could complicate this process. Lawsuits may be necessary to get what you deserve.

    Another problem may be un-or-underinsured claims.

    In Missouri, all drivers are required to have at least $25,000 of liability insurance and $50,000 in per-incident insurance. However, this may not always be enough to cover your car accident compensation.

    Even worse, the driver may not have any insurance despite Missouri’s requirements. In either of these cases, you must seek financial compensation directly from the driver in court. Otherwise, your only other option is to file a claim with your insurance company.

    Related: How Long Does it Take to Receive a Payout After a Car Accident?

    Who should I contact to seek compensation?

    If you are the victim of a car accident in Missouri and want to receive the compensation you’re entitled to, contact Ortwerth Law today!

    We are powerful St. Louis car wreck attorneys who handle a wide range of automobile collision cases. We are known as one of St. Louis’ top car accident law firms and have recovered millions for our clients.

    Make the smart decision and contact Ortwerth Law to receive your free consultation!

    Ortwerth Law, LLC
    4.9
    Based on 27 reviews
    powered by Google
    tim schmidtim schmid
    20:27 26 Jun 24
    If you need legal representation, Ortwerth LLC is who I recommend. Communication, compassion and professionalism...
    Renee MahnRenee Mahn
    21:55 06 Sep 23
    5 Stars Outstanding!I was always contacted and informed regarding my case. I did not have to go out of my way for anything. The process was very easy for me.Thank you
    Katlyne ThiesKatlyne Thies
    12:14 20 Sep 20
    I’m so grateful that Craig Ortwerth and his office took on my car accident case. Craig was so easy to work with and he quickly replied back to any questions or concerns I had and explained every step to me. I felt such relief knowing I was in good hands and I didn’t have to worry about dealing with the insurance company so I could focus on healing from my accident.
    Christie HessChristie Hess
    04:56 06 Jun 19
    Having Craig work on my case from beginning to end was the best decision I'd ever made! My case went on for 3 1/2 years and during that time i never had to worry about "bothering him or his staff with questions, or their patience in explaining what was going on or what I needed to do. They kept me and everyone involved informed and things went along smoothly! I hope to never have a case like this again, but if I do, there is absolutely NO doubt in my mind as to where I'd go and who I'd have to handle my case!!I highly recommend anyone to at least sit down for a consult. YOU WILL NOT BE DISAPPOINTED!! Great Job Craig (& Marcie!!)
    Monica CrenshawMonica Crenshaw
    21:12 03 Jun 19
    Craig was great and did a fantastic job for me. He is very professional and knew how to do his job. Craig is a very friendly, compassionate and understanding person. He answered all my questions and called to see how I was doing. I would recommend Craig to everyone. In my book he is an outstanding attorney.
    D SCD SC
    23:43 26 Nov 18
    Brian McChesney is the BEST divorce lawyer I have ever experienced or come across. He goes out of his way to help, and has the best suggestive advice. I appreciate his integrity, valor, and honesty. I cant even begin to express my gratitude and thankfulness! Wonderful guy!-Laura
    Michael RussellMichael Russell
    02:50 24 Jul 18
    Craig was AWESOME to work with!! If I had a question he had no problem taking my call or returning a call if he was busy. I literally did nothing except sign papers. He did everything for me and made the process of my workmans composition settlement stress free!!! Give Craig a call, I believe he will make you a very happy client like me!!
    js_loader