I Got Rear-ended, How Much Money Will I Get?

Every crash incident is unique, making it nearly impossible to estimate how much you can get after a rear-end collision without assessing your specific situation. The outcome of your claim will depend on the individual facts and circumstances.

The compensation you can obtain will depend on the value of your economic and non-economic losses. The value of your settlement will also depend on several factors, including the strength of your evidence and who was to blame.

If you’re looking to maximize the value of your claim, a trusted personal injury attorney in Kansas City, MO, can evaluate the evidence and seek the full compensation you deserve.

Importance of Post-Accident Steps in Missouri

In the normal course of a rear-end collision in Missouri, taking steps immediately after the accident can significantly impact the amount of compensation you receive. These steps will be important in proving fault and documenting your damages for possible legal claims.

Seeking Immediate Medical Attention

After a rear-end collision, seeking prompt medical care is critical. Even if injuries appear minor, symptoms such as whiplash or concussions may worsen over time. In Missouri courts, delays in treatment are often taken as evidence that injuries were not severe, thus reducing the settlement amount.

Filing a Police Report

In any car accident case in Missouri, a police report is an important document. It provides a neutral statement of what happened at the scene of the accident and often gives important information like the condition of the weather, witness statements, and officer observations. Under  Missouri law §303.040, accidents involving injury, death, or property damage over $500 should be reported to the Missouri Department of Revenue within 30 days. If the driver cannot report due to incapacity, the vehicle owner must fulfill this obligation. These reports will not only follow the dictates of the law but also serve as good evidence when settlement negotiations are being pursued or in court.

Documenting the Scene

As soon as the accident happens, collect as much evidence as possible:

• Photograph the damages of the vehicle, skid marks, and road condition.
• Note the date, time of occurrence, and location.
• Get the contact information of the witnesses.

This may support your claim and clearly illustrate fault.

Rear-end Collision Settlement Examples

Every rear-end collision is unique, and estimating compensation without examining your specific situation is challenging. If you’re asking, “I got rear-ended; how much money will I get?” the answer lies in the nature of your injuries, property damage, and determination of fault. Fault in Missouri is based on clear proof, such as police reports, eyewitness statements, and accident reconstruction. Typically, rear-ending drivers are presumed at fault, but exceptions exist, such as sudden stops or lack of signals by the lead vehicle. Missouri’s pure comparative fault rule also reduces compensation proportionally based on fault. Below are settlement examples for Missouri cases:

Minor Injuries and Property Damage

In cases where the accident caused minor injuries, such as whiplash, and moderate damage to the vehicle, the settlement amount can range from $10,000 to $20,000. There are usually a few doctor visits or short-term therapy to cover medical bills, vehicle repairs, legal fees, emotional distress, and lost wages in these cases. It is essential to document your expenses, treatments, and repair estimates to get the full compensation you deserve.

Moderate Injuries with Time Off Work

Cases with more grievous injuries, such as a herniated disc or concussion, which require a few months off work, can easily settle in the $50,000 to $100,000 range, depending on medical costs, lost wages, and the need for ongoing physical therapy. This settlement amount may rise further if the injury results in chronic pain, limited mobility, emotional distress, or future medical expenses, which will negatively impact daily activities, earning potential, and general well-being.

Severe Injuries with Long-Term Impact

Catastrophic injuries, such as spinal damage or traumatic brain injuries, often lead to settlements exceeding $300,000. These cases involve extensive medical care, rehabilitation, and long-term loss of income. Settlements vary based on injury severity, evidence quality, legal representation, emotional distress, and Missouri’s comparative fault rule, which reduces compensation if the injured party is partially responsible for the accident or failed to mitigate damages.

How Much Should I Settle For in a Rear-End Accident in Missouri?

There is no “average” value to expect in a rear-end personal injury claim, as each claim is different. However, the following factors can influence the settlement value of rear-end accidents:

Severity of the Injury

Victims of truck accidents who sustained severe injuries are more likely to obtain hefty settlement values than those with minor injuries. Examples of severe injuries include traumatic brain injuries, spinal cord injuries, and back injuries.

Your settlement should cover all medical expenses associated with your treatment. Medical expenses may also cover future costs associated with ongoing care.

A healthcare professional can assess the injury and determine its severity and recovery timelines. Medical records, such as doctor’s notes or diagnostic tests, provide the information required to prove a severe injury.

Impact on Daily Life

Injuries associated with rear-end accidents can have an impact on the ability to lead a normal life. If the events leading to the accident were traumatic, the injured victim may also endure emotional trauma. As a result, they may become socially isolated, which may hinder their ability to maintain meaningful relationships.

If an injury causes permanent disability, the victim often deserves a greater settlement to cover the cost of alterations to their cars or homes, and the effects of the disability on their future.

Contribution of Fault

Your contribution to the accident impacts the settlement value after a rear-end accident. Missouri applies pure comparative negligence rules, which means the injured party is entitled to receive damages even when partially at fault for the accident.

However, their value of damages is reduced by their contribution to fault. Similarly, if there is clear evidence that the other party acted negligently or recklessly, you may be entitled to a higher settlement award.

Insurance Coverage

You’ll likely obtain a lower settlement value if involved in a crash with an uninsured or underinsured driver. Your insurer can cover accident-related losses if the at-fault party has insufficient coverage.

Alternatively, you can file a lawsuit to obtain a settlement from the at-fault party.

What Damages Will We Consider When Pursuing a Settlement?

You can obtain three types of damages in a rear-end accident: economic, non-economic, and punitive. Your accident’s unique aspects will determine the applicable damages in your personal injury claim.

Here’s a list of possible damages in your claim:

Medical Expenses

You’ll incur medical expenses associated with the treatment plan for your injury. Most importantly, the at-fault party should cover medical expenses.

Here’s a list of healthcare expenses that might be covered:

• Medical bills
• Hospitalization charges
• Emergency room charges
• Medication
• Diagnostic tests
• Surgical charges

Lost Wages

Your productivity will decrease if you are injured in a truck accident caused by someone else’s fault. You may have to take sick leave, miss work, or quit your job, leading to the discontinuation of your wages.

You deserve compensation for financial losses you incur due to missed work or having to work at a reduced capacity.

Pain and Suffering

Different injuries, including burns and bone fractures, trigger devastating pain. You may endure severe pain for weeks, months, years, or the rest of your life after the accident. You can pursue compensation for the discomfort and physical pain you feel as a result of accident-related injuries.

Loss of Enjoyment of Life

If the injury prevents you from enjoying life as much, it is a significant loss that deserves compensation. For example, if you used to love ice skating but a broken ankle prevents you from continuing with the passion.

You, therefore, deserve compensation for the loss of your hobby.

Will Insurance Cover Losses from Your Rear-End Accident?

In most rear-end accidents, the driver that causes the impact from behind covers the accident-related losses. Your insurer will pay for the losses depending on the extent of your contribution to fault.

Your insurer may also compensate for the losses if the at-fault party has no insurance or has inadequate coverage. You should maintain uninsured motorist coverage and underinsured motorist protection to cover such situations.

Initial Settlement Offer From The Insurance Company

If you wonder whether you should agree to the first settlement offer, the answer is, with rare exception, no, if it does not cover all your losses.  There are always some exceptions, of course. An initial settlement offer may make sense in direct, uncomplicated claims where there is low property damage without injury. These situations may include fender benders with repair costs under $1,000 or cases where the insured party’s liability is clear and the insurance company’s assessment is accurate. Evaluate carefully whether the first offer will be enough to cover all damages before deciding. Here’s why initial offers tend to be insufficient:

Lowball Offers Are Common

Insurance companies try to keep their payouts as low as possible. Initial offers will often only account for immediate expenses, such as property damage or emergency medical costs, and will ignore long-term needs like rehabilitation, therapy, ongoing treatment, or lost future income due to reduced earning capacity.

Unaccounted Damages

Initial offers may overlook:

• Non-economic damages: pain and suffering.
• Future medical treatment and expenses.
• Lost earning capacity if the injuries affect your capacity to work.

Steps to Take When You Receive an Initial Offer

Assess the Offer Against Your Total Losses

When you receive an initial settlement offer, calculate the full scope of your damages, including medical bills, property damage, lost wages, and intangible losses like emotional distress. Consider future costs for, say, continuing therapy or a potential surgery that may be warranted, which the initial offer may not provide. These are basically done to give a clear view of whether the offer is adequate or not.

Consult a Missouri Personal Injury Lawyer

An experienced attorney can review the offer to ensure all damages are accounted for. They can estimate the actual value of your case based on Missouri’s laws, similar settlements, and your specific circumstances. Attorneys are skilled negotiators who can push back on lowball offers and work to secure the compensation you deserve. In many cases, their involvement significantly increases the final settlement.

Provide Evidence to Strengthen Your Claim

The insurance companies make low settlements themselves to avoid large payouts, but if strong evidence can be provided, it may override their evaluation. Supply additional documentation, such as second opinions from medical experts, repair estimates from certified shops, and testimony from vocational experts if your ability to work has been impaired. Detailed evidence shows the full extent of your damages and helps strengthen your position in negotiations.

Other Legal Considerations For Rear-end Accidents

In Missouri, additional legal factors may influence your settlement after a rear-end accident. Knowing these factors will help you get a fair deal:

Missouri’s Comparative Fault Rule

Missouri uses a pure comparative fault system. Suppose you are partially responsible for the accident due to faulty actions such as unwarranted sudden stops. In that case, the settlement will be diminished in proportion to the percentage of fault placed on you.

For example:

If you were rear-ended but had a malfunctioning brake light, you might be deemed 20% at fault. In such a case, a $50,000 settlement would be reduced to $40,000. In another scenario, if you made an abrupt lane change without signaling and were rear-ended, your fault could rise to 40%, significantly lowering your compensation.

Understanding how comparative fault operates is imperative because even the least measure of fault allows for diminishing recovery. An experienced attorney can argue against excessive fault to maximize compensation recovery.

Missouri’s Minimum Insurance Requirements

All drivers must have liability insurance that consists of the following minimums:

• $25,000 for bodily injury per person.
• $50,000 for bodily injury per accident.
• $10,000 for property damage.

If the at-fault driver’s insurance is insufficient to cover your losses, you may rely on uninsured or underinsured motorist coverage.

Statute of Limitations

In Missouri, you have five years from the date of the accident to file a personal injury claim. Missing this deadline could forfeit your right to compensation, as courts typically dismiss cases filed after this period.

Exceptions to the Rule: The statute of limitations may provide for certain exceptions; some are:

If the injured party is a minor at the time of the accident, the clock may not start until they turn 18. Cases of fraudulent concealment by at-fault parties or their insurers may postpone the running of the statute of limitations.

Missing a deadline without any valid exception will not allow you to recover any damages, underscoring the importance of keeping in touch with a lawyer to preserve your rights.

Evidence and Documentation

Good evidence can be critical to your settlement. Essential documentation includes:

• Police reports indicating fault, damages, and any traffic violations.
• Medical records and bills that show the severity of injuries and treatment history.
• Photos or videos of accident scenes showing damages, road conditions, and other contributory factors.
• Witness statements that corroborate your account, with a little more contextual background.

Potential Punitive Damages

Although rare, Missouri courts may award punitive damages if the at-fault driver acted with gross negligence, such as driving under the influence or engaging in reckless behavior like excessive speeding or texting while driving. These serve to punish the wrongdoer and hopefully dissuade future similar conduct, making them applicable only in egregious cases.

Should You Get Legal Help for a Rear-end Accident?

Hiring an attorney helps you navigate the complex laws associated with rear-end accidents. If you’re unaware of the following steps after an accident, an attorney can hold your hand in your quest for compensation.

Most importantly, a truck accident attorney will work to maximize the value of your rear-end settlement.

What Our Lawyers Can Do After Your Rear-End Accident

Here’s how an attorney can help your claim:

Assess Your Damages

The ability to recover from an accident depends on the settlement value you obtain from a personal injury claim. An attorney has knowledge and experience working with similar cases, which makes it easy to estimate the value of your losses.

Negotiate With the Insurer

An insurer may make a settlement offer immediately after receiving your personal injury claim. Your attorney will evaluate the merits of all settlement offers and negotiate for a better deal.

Learn More from Our Missouri Truck Accident Lawyers

You likely have many concerns and disruptions after sustaining an injury in a truck accident caused by someone else’s negligence. Some people never fully recover or go back to their lives as they were before the injury. You deserve justice, and you should seek help from an attorney who will fight for a fair settlement value of your losses.

Devkota Law Firm has highly-rated truck accident attorneys with the resources to stand up for your rights. Contact us online or at (816) 207 4255 for a free consultation.