Why Do I Need a Personal Injury Lawyer After an Accident in Missouri?

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC meets with every new client, whether in person or remotely (via Zoom or a call), to discuss the pros and cons of having legal representation on their injury claim.

Pairing Up With a Personal Injury Attorney Can Tip the Scales When You're Seeking Compensation in the State of Missouri

Following a serious injury or wrongful death causing accident in Missouri, you might be wondering whether you actually need to hire a personal injury lawyer or whether you can handle the claim on your own. So, do you need to hire a Missouri personal injury lawyer? And is it worth hiring a PI lawyer? 

While you do not have to hire a personal injury lawyer, there are many reasons having representation by a qualified personal injury lawyer for your accident claim is important. The primary reason is that a good personal injury lawyer will protect your legal rights and will maximize your financial recovery. 

Whether you are involved in a car accident at the intersection of Nifong and Providence in Columbia, MO, in a motorcycle crash on HWY 24 in Moberly, MO, or in a boating accident on the main channel of the Lake of the Ozarks, it is almost always in your financial interest to retain an experienced personal injury lawyer, like Duckworth Injury Law.

Your Net Recovery Will Typically Be Much Higher With an Injury Lawyer

In a civil claim, such as a personal injury claim, often the only recourse you can obtain against the at-fault party is requiring the at-fault party (or their insurance company) to pay you for the damages you have sustained from the accident. As such, the most important factor in deciding whether or not to retain a personal injury lawyer should be whether hiring a lawyer will increase your financial recovery. 

At least one study performed by the Insurance Research Council found that individuals who hired an attorney for their claim received on average 3.5 times gross recovery on their claims than those individuals who handled the claim on their own. Even when accounting for attorney’s fees of 1/3 to 40 percent, this data suggests that individuals’ net recovery is still over twice what it would be if self-represented. 

In addition to increasing your gross settlement, the best PI lawyers will also increase your net recovery by reducing the amount you must pay for your outstanding medical bills and/or liens. Your lawyer should be able to negotiate down these medical bills upon settlement of your claim, increasing the money going into your pocket. 

An Experienced Missouri Personal Injury Lawyer Will Know the True Value of Your Case

Having handled hundreds of personal injury claims over my career, I often run across accident victims who come to me with an offer already presented from the at-fault party’s insurance company. Oftentimes, the insurance company will make a nominal settlement offer of a few thousand dollars while promising to “set-aside” a much larger amount for future medical treatment.  These accident victims will ask whether this is a fair offer, having no idea just how insulting the insurance company’s offer really is. 

The reason insurance companies make such lowball offers to unrepresented accident victims is due in large part to the public not understanding what a personal injury claim is truly worth. Unlike the purchase of a new home or car, most individuals will thankfully never have to experience a personal-injury causing accident. Further, unlike the purchase of a new home or car, there is little public data showing the fair market value for a personal injury claim. As such, the average person has no real way to measure the value of their claim or to know what they should be demanding from the insurance company.

At Duckworth Injury Law, we know what your case should be valued. While there are numerous factors that go into your case valuation, the primary factors include:

• Your past and future medical bills;
• Your past and future lost wages;
• Your past and future pain, suffering, inconvenience, and loss of quality of life;
• The recoverable insurance limits and/or assets of the at-fault party;
• The recoverable insurance limits from your own insurance policy (uninsured motorist coverage, underinsured motorist coverage, medical payments coverage);
• The conduct of the at-fault party in causing the accident (may warrant punitive damages); and
• The venue of your case (i.e., where your case must be filed).

Oftentimes, attempting to calculate these categories requires the assistance of medical experts (doctors and life care planners who can project future costs) and knowledgeable lawyers who can review insurance policies and determine coverage and liability. 

You Often Have No Leverage Negotiating on Your Own Behalf

Assuming you were able to accurately project the true value of your personal injury case, as an unrepresented party, you still have little to no leverage to get the at-fault party’s insurance company to actually pay you that true value. For example, if you know your total damages for your personal injury case are $100,000 – but the insurance company is only offering you $20,000 – there is not much you can do on your own to force the insurance company to pay you $100,000. 

A good personal injury attorney, however (especially a personal injury attorney with litigation and trial experience), has substantial leverage against the at-fault party’s insurance company. If the insurance company refuses to pay a fair amount, the attorney can proceed with filing a lawsuit, taking the case to trial, and obtaining a judgment against the at-fault party. In doing so, the lawyer may be able to collect the judgment against the at-fault party, their insurance company, or both. If the insurance company refuses an opportunity to settle your claim against its insured within the policy limits prior to trial, your attorney may also be able to pursue a “bad faith” claim against the insurance company. 

Personal Injury Claims Are Complicated and Easy to Mess Up 

Personal injury law is complex to say the least. With a confluence of different areas of law including contract law, insurance law, injury law, civil procedure, and the rules of evidence, a non-attorney claimant can easily step on a land mine when it comes to handling their personal injury case. Some of the most common pitfalls our firm sees when it comes to unrepresented parties handling their personal injury claim on their own include:

• Unintentional settlement of all or part of their claim(s);
• Missing key deadlines, including the statute of limitations for pursuing their claim;
• Failing to file their personal injury case in the appropriate court;
• Failing to adhere to proper pleading requirements when filing their case, resulting in the dismissal of their claim;
• Not having their medical bills processed properly;
• Failing to follow the contractual steps required under their own insurance policy in pursuing UM and/or UIM claims, resulting in a denial of the claim; and
• Many more. 

In addition to the above, many other types of claims including minor settlements, wrongful death settlements, and conservator settlements require court approval. Attempting to settle these claims without getting proper approval can result in the settlement being voided and the requirement that settlement funds be returned. 

Hiring the Right Lawyer Allows You to Focus on What Matters Most – Your Recovery 

While most of the reasons for hiring a personal injury lawyer for your accident claim presented so far have been focused on the financial impact, equally as important is the peace of mind having a lawyer fighting for you and on your team presents. 

If you are experiencing serious injuries after an accident, the last thing you need to be worrying about is a personal injury claim and recovering compensation for your damages. Instead, your focus should be on your recovery, including both your physical and mental well-being. Our goal at Duckworth Injury Law is to take the legal stress off your shoulders following your accident, allowing you to focus entirely on your recovery.

Get in Touch With Duckworth Injury Law, a Firm That Will Understand the True Value of Your PI Claim in Missouri



After a serious a personal-injury-causing accident – such as a car, truck, motorcycle, or boat accident anywhere in Missouri – the choice to hire a lawyer is one of the most important decisions you will ever make. Not hiring a lawyer, or hiring the wrong lawyer, can have a devastating effect on your financial future. 

At Duckworth Injury Law, all our firm handles is injury and wrongful death law. We fight for maximum compensation for your claim, we know what the true value of your claim is, we will not back down until we obtain that true value, and we will do so compassionately and with you and your family’s well-being in mind. 

While our firm is located in Columbia, MO, we routinely handle cases across all of the mid-Missouri communities and elsewhere in Missouri. Simply put, we are Missouri’s Injury Firm and the go-to car accident lawyer, motorcycle accident lawyer, truck accident lawyer,  boat accident lawyer,  slip and fall lawyer, and  dog bite lawyer in Missouri. 

Reach out to Duckworth Injury Law today for a free consultation to learn how our firm can assist with your Missouri personal injury case.