When Is it Too Late to Get a Lawyer for a Car Accident?
When is it too late to get a lawyer for a car accident in St. Louis? Many of our clients tell us they never imagined they’d need to hire a car accident lawyer. When a lot of our clients first come to us, they tell us that they never imagined they’d have to hire a car accident lawyer. We see a lot of cases where people wait to contact an attorney because they didn’t believe their injuries were as significant as they turned out to be, or because they thought the insurance company was going to be fair, only to see them try to devalue the claim. When they call us, they often ask if it’s too late to hire a car accident claim attorney in St. Louis and get the full compensation they deserve. The answer is: it’s almost never too late to hire an attorney in a personal injury case.
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claim process in general, reach out to us at [dynamic-phone-number] or fill out our online form. We serve the injured and vulnerable in St. Louis and throughout Missouri.
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When Is it Too Late to Get a Lawyer For a Car Accident in St. Louis?
The short answer is never, but in truth there are two instances where it might be too late for you to retain a St.
Louis car accident lawyer’s services:
The Statute of Limitations Has Passed
Missouri Revised Statute §516.120 states
that any personal injury claim must be filed within five years after the date of the accident. There are two
important exceptions:
- If you were under the age of 21 or “mentally incapacitated” when the injury occurred, you have five years from
the day you turn 21 or the day your disability ends to file a claim, according to Missouri Revised Statute §516.170. - If the person you are making a claim against is a resident of Missouri but leaves the state for a period of
time, their time out of state does not count against the five years, according Missouri Revised Statute §516.200.
If you’re worried that the statute of limitations has passed, call a St. Louis car accident lawyer at Burger Law to
discuss your case.
You’ve Already Accepted an Insurance Company’s Offer
Even if the statute of limitations hasn’t passed, it may be too late to hire a lawyer if you’ve already cashed the
insurance check, if you signed a contract agreeing to it, or if a judge or jury ruled against you in court. This is
known as a legal concept called res judicata. Again, there are exceptions:
- You can file a lawsuit for bad faith if the insurance
company was coercive in getting you to settle. - You can sue another person than the person you settled with. If you got a policy limits settlement from the
at-fault driver’s insurance company, but later learn that a defective vehicle component contributed to the
accident, you can sue the manufacturer, car dealer or a mechanic for the remainder of your damages.
Why You Should Hire a Car Accident Lawyer Late in your Case
A lawyer will help you deal with the insurance company and combat their tricks. For
example, if you were not aware of how serious your injuries were at first, they may try to claim that your injuries
were not caused by the accident. We’ll use medical records and our medical expertise to show exactly how your car
accident caused your injuries. Or, they might be dragging your case out and stalling. Hiring a St. Louis car
accident lawyer will let the insurance company know you’re serious and that you won’t back down until you get the
complete compensation you deserve.
It’s also never too late to hire a new car accident lawyer if you’re not happy with the results your current attorney
in St. Louis is getting you.
How a Car Accident Attorney Can Help Your Case
While some injured victims obtain compensation from the at-fault insurer alone, working with a car accident attorney greatly enhances your chances of obtaining a fair settlement value for your losses.
Schedule a free case evaluation here. Litigation attorney
“I’ve dedicated my entire life to helping our clients receive full compensation for their injuries.”
Gary Burger
Here are some benefits of engaging a car accident attorney:
Communicate With the Insurance Company
After sustaining an injury in a car accident, you must make a demand of the insurance provider to obtain compensation. You usually must also fight the insurance company to receive the settlement you need.
The insurance adjuster represents the insurer during investigations and negotiations. If an injured victim is unrepresented, they may fall to the tricks and tactics of the insurance adjuster.
A car accident attorney can handle communications with the insurance company on your behalf, protecting your interests in the claim process.
Prove the Extent of Your Injuries
The chances of obtaining a fair settlement value depend on the ability to demonstrate the extent of your losses. A car accident attorney, experienced with injured victims, understands the potential nature of losses.
They may use their skills to compile various sources of evidence, including medical records, prescription notes, diagnostic tests, images of the injury, and police accident reports, to demonstrate the extent of your injury. Subsequently, they can demand suitable damages that match your injury-related losses.
Maximize Your Settlement Value
In the aftermath of a car accident, the at-fault party’s insurer may, in quick succession, table a settlement offer. Even so, the first offer is usually a low-ball offer, hoping the injured victim will accept it without consideration.
If the events leading to the injury were traumatic, you may need the help of a car accident attorney to calculate emotional damages. Without their expertise, you could leave money on the table. They will also estimate the value of other non-economic damages, including loss of enjoyment of life, pain and suffering, and permanent disfigurement.
Determine Your Losses
You can obtain various damages in a car accident claim—for instance, medical expenses to cover medication, consultation fees, hospitalization charges, and physical therapy. While calculating medical damages is clear and straightforward, you may need help determining other losses.
If the events leading to the injury were traumatic, you may need the help of a car accident attorney to calculate emotional damages. Without the help of an attorney, you could leave money on the table.
An attorney will also estimate the value of other non-economic damages, including loss of enjoyment of life, pain and suffering, and permanent disfigurement.
Litigate Your Matter in Court
While many injured victims obtain compensation through an insurance settlement, some require the court’s intervention. You may need this if the insurer refuses to settle or offers a low-ball amount.
A car accident lawyer will handle the complex and delicate process of taking the at-fault party to court. They will present the gathered evidence to the jury, bring witnesses to the stand, and make compelling arguments about why you deserve a fair settlement. While the odds of your case going to court are low, the potential for a courtroom battle is a good reason to hire a trial-ready professional.
Benefits of Reaching Out to an Attorney Quickly
When you’re involved in a car accident, promptly contacting a lawyer can make a difference. One of the primary benefits is the ability to gather essential evidence before it’s lost or becomes less reliable. Car accidents can involve complex investigations, and having legal representation immediately allows for timely collection of police reports, eyewitness statements, and photographs from the scene. Additionally, statutes of limitation apply in St. Louis, and a lawyer can help ensure you’re acting within the required time frame. Acting fast increases the likelihood of protecting your rights and achieving a favorable outcome.
According to the FTC, many attorneys specialize in areas like personal injury, which means they are equipped to handle the complexities of car accident claims. Hiring one who focuses on personal injury law can better position yourself for a successful claim outcome.
What if the Insurance Company Closed a Claim?
You might wonder what happens if an insurance company has already closed your claim. It’s not too late to hire an attorney in many cases. While the process can become more challenging, a skilled lawyer can often reopen the claim by proving that the initial settlement was inadequate or that new evidence has surfaced. It’s also possible that the offered restitution wasn’t enough to cover medical bills, property damage, and lost wages.
According to information from Insurance, while claims are often resolved within a specific time frame, companies may still negotiate based on additional factors like disputed liability or new evidence. This highlights why seeking an attorney’s assistance can be critical, even after a claim appears to be closed.
When To Consider Hiring a Lawyer?
Several situations warrant reaching out to a car accident lawyer, especially when the circumstances of your accident are more complex than a minor fender-bender.
Significant Crash Injuries
If you’ve sustained serious injuries, you will likely require substantial medical treatment and incur high medical bills. A car accident attorney will help ensure that you receive compensation for your medical expenses, including future treatments, if necessary. If the injury results in long-term or permanent disability, it’s imperative to have legal representation to secure your financial future.
Disputed Liability
When liability for the accident is disputed, it’s essential to have a lawyer by your side. Insurance companies might try to shift blame or lowball you on compensation. Hiring an attorney will allow for a thorough investigation to establish who was truly at fault, which can significantly affect the outcome of your case. As noted in U.S. News, disputes over liability are one of the most common reasons to hire a lawyer quickly.
Insurance Company Issues
Dealing with insurance companies can be overwhelming. Sometimes, they may delay or deny your claim. An experienced attorney knows the tricks insurance companies use to lower their payouts and can negotiate aggressively on your behalf.
Multiple Parties Involved
In cases where more than two parties are involved in an accident, such as a multi-car collision, the legal process can become more complicated. An attorney can help sort out the facts and work to ensure that your rights are protected, even if you are only partially responsible for the accident.
Long-term or Permanently Disabling Injuries
When the injuries are expected to have lasting effects, you need to secure compensation not just for your immediate medical needs, but for ongoing care. In such cases, an attorney can help calculate future medical costs and negotiate for compensation that addresses long-term impacts on your quality of life.
Death of a Loved One
Losing a loved one in a car accident is an unimaginable tragedy. In these circumstances, it’s essential to consult an attorney to file a wrongful death claim. An experienced lawyer will work to obtain compensation for funeral expenses, loss of companionship, and other related costs.
Uninsured or Underinsured Motorist Accidents
If the at-fault driver doesn’t have insurance or is underinsured, securing fair compensation can be even more difficult. In these cases, having an attorney who knows the intricacies of St. Louis law can help you recover damages either from your own insurance policy or from other legal avenues.
Potential Consequences of Delaying Legal Action
Delaying legal action after a car accident can have serious consequences. Missouri law imposes a statute of limitations, which means you have a limited window of time to file a lawsuit. If you wait too long, your opportunity to seek compensation could expire. This is why contacting a lawyer immediately after your accident is crucial. Not only can they help guide you through the legal process, but they will ensure that all deadlines are met, and your case is handled properly from the start.
Additionally, delaying can make it harder to collect evidence. Physical evidence, such as skid marks or damaged vehicles, can be lost or altered over time. Witness memories may fade, and crucial details can be forgotten. By acting swiftly, your attorney can preserve key evidence that may strengthen your case.
Furthermore, insurance companies may view delays as a sign that your case is weak, which could impact settlement negotiations. If you reach out to an attorney soon after the accident, you signal to the insurance company that you are serious about pursuing your claim.
St. Louis Car Accident Lawyers | Burger Law
When you call us we’ll be honest with you about whether or not we can add value to your claim. While having a lawyer
on your side is the best idea in most car accident claims, the choice of that lawyer is crucial. At Burger Law, we have over 30 years of experience fighting hard for our clients, taking on the tough cases, standing up to insurance companies and getting the injured in St. Louis and throughout Missouri maximum compensation for their injuries. To date, we have won over $175 million in verdicts and settlements. Call a Burger Law car accident lawyer in St. Louis today at or contact us online.
