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I Was in a Car Accident, Do I Have a Personal Injury Claim?

Writer's picture: Roland SwansonRoland Swanson

Updated: Aug 12, 2024

A personal injury can be generally described as any injury one person or entity causes to another. Car accidents often result in the injured individual pursuing a personal injury claim. How do you know whether you have a valid personal injury claim? Normally, a successful personal injury claim stemming from a car accident requires three elements: (1) fault; (2) injury; and (3) insurance.



 

1. Fault

 

If the cause of the accident was due to the improper or negligent act of another, the person who committed the improper or negligent act would be considered to be the “at fault” party. If fault for the accident is shared, meaning each party involved committed an improper or negligent act that caused the accident, the likelihood of you will be successful in a personal injury claim largely depends on the state in which the accident occurred.

 

Missouri is a pure comparative fault state, meaning a party can recover damages even if they were 99% at fault. However, that personal injury claim would be diminished by the percentage at which they were at fault. As such, if a person is determined to be 99% at fault for a car accident, and pursues a personal injury claim, that person would only be entitled to recover for the 1% they were not at fault.

 

Illinois, on the other hand, is a modified comparative negligence state. This means an individual can only pursue, or will most likely only be successful, in a personal injury claim if they are less than 50% at fault for the car accident.

 

2. Injury

 

The second element requires a person to have sustained some sort of physical or mental injury as a result of the car accident. Injuries are often verified during the course of subsequent medical treatment a person seeks and receives after being involved in an accident. Injuries sustained in a person injury context are often referred to as damages. Damages can be economic (e.g., medical bills) or non-economic (e.g., pain and suffering).

 

3. Insurance

 

The third and final element involves car insurance. Oftentimes, insurance companies are the source of compensation for personal injury claims. This does not always have to be the case however, as a person could technically pursue the person responsible for the car accident in their individual capacity. However, pursuing an individual, as opposed to an insurance company, can be extremely difficult.

 

If the at fault party is insured, personal injury claims will normally be pursued through that party’s insurance company.

If the at fault party does not have insurance, an individual may still pursue a personal injury claim through their own insurance company. Recovery in this manner is pursued through a provision contained within every Missouri and Illinois insurance policy referred to as uninsured motorist protection.

 

The Swanson Law Firm has extensive experience representing individuals in Missouri and Illinois in pursuing personal injury claims resulting from car accidents. If you or a loved one have recently been injured as the result of a car accident, request a free initial consultation with our firm  today.

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