Yes, Missouri personal injury law permits injured parties in personal injury cases to file their own lawsuits. It’s referred to as a pro se claim, governed by a specific set of Missouri statutes. If you were in a car accident, slipped and fell, or were otherwise injured through another party’s negligence, you have the right to seek compensation for your medical bills, property damage, and other losses. But, if you’re like many people, you may believe that hiring a Kansas City personal injury lawyer is too expensive, especially if you’re facing weeks of missed work to recover.
There’s a great deal more to the personal injury legal process than you may realize. Depending on what type of personal injury case you have, failure to secure good legal representation can spell doom for the outcome of your case. Let’s look a little closer at some complications that arise with a do-it-yourself personal injury claim.
Your responsibilities as a pro se plaintiff
Do you understand the steps you must take to file a claim for compensation for your injuries? Jackson, Platte, and Clay County civil courts aren’t in the business of educating DIY plaintiffs, so if you don’t follow each step as required by law, you may run into legal trouble. Your trial judge probably won’t give a lot of allowances for your ignorance of the law, either, so understanding what steps you need to take for your lawsuit is critical:
- File your complaint, outlining the details of your injuries, how the defendant caused them, and the amount of damages you seek
- Serve the defendant with notice of the lawsuit (you may need to hire a process server to do so)
- Prepare to participate in the discovery phase, including exchanging pertinent information, documents, and deposing witnesses
- Try your case before a jury
If your case is strong, you may receive a settlement offer from the defendant. However, many defendants may opt for a trial if they realize the plaintiff isn’t represented by a professional personal injury attorney.
Considerations for filing your personal injury claim
If you do decide to take legal action pro se, you only have five years to do so; if you file after the Missouri statute of limitations for your claim, then your case will almost certainly be dismissed.
You also need to make sure that you file your case in the right court; again, if you misfile, your claim could be dismissed.
Factors that could trip you up if you handle your claim on your own
Do you know how much your claim is worth? You may have a pretty good idea of the cost of your medical treatment, but what about other damages, like pain and suffering? The defendant’s insurance company will pick apart your claim, especially if it’s high-value.
Do you know how to handle questions from insurance adjusters? If you make statements that could be construed as an admission of fault or partial fault, you could accidentally derail your case.
While you have the right to file a claim without a lawyer, many things could go wrong in the process, and if you lose your case at trial, you can’t appeal the verdict. But, legal help isn’t out of reach. The attorneys at Langdon & Emison work on a contingency fee basis, meaning we only get paid if we win your case. You benefit from our decades of combined experience, understanding of Missouri personal injury laws, and access to resources like medical and financial experts. Contact us today at (866) 931-2115 for a free consultation.