The Role of Comparative Fault in Missouri Personal Injury Lawsuits

In Missouri, the legal concept of comparative fault plays a crucial role in personal injury lawsuits. Understanding how comparative fault works can significantly impact the outcome of a case, including the amount of compensation an injured party may recover.

Missouri follows a "modified comparative fault" system, which means that an injured party’s compensation can be reduced by their percentage of fault in contributing to the accident. This law is codified in Missouri Revised Statutes, Section 537.765, which states that a plaintiff can only recover damages if their fault is less than that of the defendant.

For instance, if an individual is involved in a car accident and is found to be 30% at fault, their potential compensation will be reduced by that same percentage. If the total damages are assessed at $100,000, the compensation awarded would be $70,000. However, if the injured party is found to be 51% or more at fault, they are barred from recovering any damages at all.

Establishing fault in a personal injury case involves thorough investigations, witness testimonies, and often expert opinions. This evidence is crucial for determining the percentage of responsibility assigned to each party involved in the incident. Parties involved must also be prepared to present their case effectively to negotiate settlement amounts or during court proceedings.

One significant aspect of comparative fault cases is that they highlight the importance of gathering evidence immediately after an accident. Photographs, police reports, and eyewitness accounts can substantiate claims and counterclaims regarding who was at fault. Injured parties are encouraged to act quickly to gather this information while it is still fresh.

Insurance companies in Missouri also take comparative fault into account when processing claims. They conduct their own investigations to determine fault percentages, which can greatly influence settlement offers. Understanding how these evaluations work can empower injured parties to negotiate more effectively with insurance adjusters and maximize their compensation.

Ultimately, hiring a knowledgeable personal injury attorney is essential for navigating the complexities of comparative fault in Missouri. An experienced lawyer can provide guidance on liability issues, help gather necessary evidence, and advocate for the injured party's rights.

In conclusion, the role of comparative fault in Missouri personal injury lawsuits is a pivotal factor that can determine the outcome of a case. By understanding its implications, individuals can better prepare themselves for the legal process and work towards obtaining fair compensation for their injuries.