Missouri Personal Injury FAQ

If you were injured due to someone else’s negligence, you probably have questions about your rights and what to expect. Below are answers to the questions our clients ask most often. For more information, visit our Columbia personal injury lawyer page or call for a free consultation.

Q
How Long Do I Have to File a Personal Injury Claim in Missouri?

Missouri’s statute of limitations for most personal injury claims is five years from the date of injury. While five years may seem like plenty of time, waiting can seriously hurt your case. Evidence disappears, witnesses’ memories fade, and surveillance footage gets overwritten. Contact an attorney as soon as possible after your injury. See our Statute of Limitations page for more on how deadlines work in different types of cases.

Q
What If I Was Partly at Fault for My Accident?

Missouri follows a pure comparative fault rule, which means you can still recover compensation even if you were partially responsible for your own injury. Your total recovery is reduced by your percentage of fault — but it is not eliminated. For example, if you were 25% at fault and your damages total $100,000, you would still recover $75,000. Insurance companies often try to assign as much fault to you as possible because of this rule. An experienced attorney helps counter those tactics.

Q
How Much Is My Personal Injury Case Worth?

Every case is different, but Missouri law allows you to recover for: medical expenses (past and future), lost wages, loss of earning capacity, pain and suffering, emotional distress, and property damage. Cases involving catastrophic injuries — such as traumatic brain injuries, spinal cord damage, or permanent disability — typically result in larger recoveries. Our case value blog post walks through the key factors in more detail.

Q
How Long Will My Case Take to Resolve?

Simple cases with clear liability and limited injuries can sometimes settle within a few months. More complex cases — especially those involving serious injuries, disputed liability, or uncooperative insurance companies — can take one to three years or longer if they go to trial. Most personal injury cases in Missouri settle before trial, but having an attorney who is genuinely prepared to go to court tends to produce better settlements faster.

Q
What Does It Cost to Hire a Personal Injury Lawyer?

Nothing upfront. The Law Office of Chris Miller handles personal injury cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. We also offer free initial consultations. You have nothing to lose by calling to discuss your case.

Q
What Should I Do Right After an Accident?

The steps you take immediately after an accident can significantly affect your case:

  • Call 911 and make sure there is an official police or incident report
  • Seek medical attention right away, even if you feel fine — some injuries are not immediately apparent
  • Document the scene with photographs if possible
  • Get names and contact information from witnesses
  • Do not give a recorded statement to the at-fault party’s insurance company before speaking with an attorney
  • Contact a personal injury lawyer as soon as possible
Q
Do I Have to Go to Trial?

Most personal injury cases settle out of court. Going to trial is time-consuming and unpredictable, so both sides usually have an incentive to reach a fair settlement. That said, some insurance companies only make reasonable offers when they believe you will actually litigate. Attorney Chris Miller has argued before the Missouri Supreme Court and is fully prepared to take cases the distance when that’s what it takes to get a fair result.

Q
What If the Other Driver Was Uninsured or Underinsured?

If the at-fault driver had no insurance or not enough to cover your damages, you may be able to make a claim under your own uninsured/underinsured motorist (UM/UIM) coverage. Missouri law requires insurers to offer UM/UIM coverage, though policyholders can reject it in writing. An attorney can review your own policy to identify all available sources of recovery.

Q
Should I Accept the Insurance Company’s Settlement Offer?

Be cautious about early settlement offers. Insurance companies often make quick, low offers hoping you will accept before you fully understand the extent of your injuries or future costs. Once you sign a release, you cannot go back for more — even if your condition worsens. Before accepting any offer, consult with a personal injury attorney who can evaluate whether it reflects the true value of your claim.

Q
Can I File a Personal Injury Claim If I Was Injured at Work?

If your workplace injury was caused by a third party — such as a contractor, equipment manufacturer, or delivery driver — you may have both a workers’ compensation claim and a personal injury claim. In some circumstances, both claims can run at the same time. Our office handles workers’ comp and personal injury, so we can assess all your options in a single consultation.

Q
What Types of Accidents Lead to Personal Injury Claims?

Missouri personal injury law covers a wide range of incidents, including car, truck, and motorcycle accidents; slip and fall accidents; premises liability; medical malpractice; nursing home abuse and neglect; wrongful death; catastrophic injuries; and defective product claims. If someone else’s negligence caused your injury, there is likely a path to compensation worth exploring.

Q
Ready to Talk to a Personal Injury Attorney?

The Law Office of Chris Miller offers free consultations for injury victims in Columbia and throughout Central Missouri. There are no fees unless we win. Contact us today to discuss your case.

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Q
What is Underinsured Motorist Coverage (UIM)?

If the damages caused by the at-fault driver exceed the aforementioned minimum policies, underinsured motorist coverage adds additional coverage and protection. In essence, this type of policy covers damages that the liable party’s insurance policy cannot cover.

Q
Does Missouri Require Underinsured Motorist Coverage?

Some states require motorists to drive with underinsured motorist coverage. In Missouri, however, UIM coverage is an optional coverage available to motorists. Although underinsured motorist coverage is not required by state law, the Law Office of Chris Miller strongly encourages motorists to consider this coverage. Studies have shown that many drivers only carry the minimum required coverage which is not adequate coverage in most cases.

Q
What is Uninsured Motorist Coverage (UM)?

This is an insurance policy available to drivers that provides coverage for damages caused by motorists without insurance. This type of policy is extremely useful in situations involving hit and run collisions. Uninsured motorist bodily injury coverage (UMBI) can help pay for your medical expenses caused by an uninsured driver. UMBI coverage also extends to passengers in your vehicle. Uninsured motorist property damage coverage (UMPD) can help pay for repairs to your vehicle caused by an uninsured driver.

Q
Does Missouri Require Uninsured Motorist Coverage?

Yes. Missouri law does require that all owners and operators of motor vehicles have uninsured motorist coverage of $25,000 for bodily injury claims per person and $50,000 of bodily injury claims per accident.

Q
Can I Sue an Uninsured Motorist?

Yes, but this course of action rarely proves to be fruitful. The sentiment is understandable; you were left injured by someone driving illegally without insurance. However, one must consider the conditions for which an individual drives without insurance. Typically, people drive without coverage due to financial difficulties. Thus, the odds of being able to collect any suitable damages from an uninsured driver is usually low.

This is why having adequate uninsured motorist coverage on your car insurance policy is so important. Despite the fact that you might not be able to recover damages against the other driver, your insurance may be able to provide compensation for your damages. The increased premiums for thousands of dollars of additional coverage can sometimes amount to as little as an extra $5-10 per month.

Q
How Large of an Underinsured or Uninsured Policy Should I Consider?

The Law Office of Chris Miller always recommends buying as large of a UIM/UM policy as you can reasonably afford. Frankly, the benefits of having this coverage far outweigh the slight financial burden of increased premiums.

Q
What Should I do after a Hit and Run?

After a motor vehicle collision, motorists should always safely exchange insurance and contact information with all the parties involved in addition to contacting local law enforcement and/or emergency medical personnel if someone is injured. Unfortunately, this is not always the case, and, occasionally, a motorist will pull off without exchanging the necessary information. Leaving the scene of a motor vehicle collision is a crime. Here is what to do if you are involved in a hit and run.

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