Detailed Answer
After a bus accident in Missouri, you may recover compensation for medical bills, lost wages, pain and suffering, and other damages by filing a personal injury claim. This process involves several key steps to ensure you protect your rights and meet all legal requirements.
1. Seek Medical Care Immediately
Prioritize your health. Obtain a full evaluation and follow all treatment recommendations. Your medical records serve as critical proof of injury and treatment costs.
2. Document the Accident Scene
If possible, take photographs of the bus, road conditions, visible injuries, and any skid marks or obstructions. Collect names and contact information for witnesses, the bus driver, and any accompanying transit employees.
3. Identify the Proper Defendant
Determine whether the bus is publicly or privately owned. If it belongs to a government agency—such as a city transit authority—it qualifies as a public entity under Missouri law (Mo. Rev. Stat. § 537.600).
4. Comply with Notice Requirements for Public Entities
If the bus operator is a government body, you must file a written notice of claim within 90 days of the accident under Mo. Rev. Stat. § 537.620. This notice must include:
- Your name, address, and contact information
- Date, time, and location of the accident
- Description of injuries and estimated damages
5. Understand the Statute of Limitations
Under Mo. Rev. Stat. § 537.100, you generally have two years from the date of the bus accident to file a lawsuit in Missouri circuit court. Missing this deadline usually bars your claim.
6. Calculate Your Damages
Compile all economic damages—medical bills, rehabilitation costs, property damage, and lost income—and non-economic damages such as pain, suffering, and emotional distress.
7. File Your Petition in Circuit Court
Prepare a petition outlining your allegations, the facts of the crash, the injuries suffered, and the compensation sought. File it with the circuit court clerk in the county where the accident occurred. Pay the applicable filing fee or request a fee waiver if eligible.
8. Serve the Defendant
Arrange proper service of process. For private bus companies, deliver the petition and summons through a licensed process server. For government entities, follow the service rules in Mo. Rev. Stat. § 515.050.
9. Engage in Discovery and Settlement Negotiations
Exchange relevant documents, take depositions, and negotiate with insurers. Maintain clear communication and document settlement offers in writing.
10. Prepare for Trial, if Necessary
If you cannot reach a fair settlement, proceed to trial. Present your medical records, expert testimony, and witness statements to support your claim for damages.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws change, and every case is unique. Consult a qualified attorney for guidance tailored to your situation.
Helpful Hints
- Keep copies of all medical records and bills in one organized file.
- Document loss of income with paystubs, tax returns, or employer statements.
- Photograph injuries regularly to show healing progression.
- Record witness statements and obtain written affidavits when possible.
- Note key deadlines on your calendar to avoid missing statutory filing dates.