What Are the Most Common Defenses in Personal Injury Claims in Missouri?

In the state of Missouri, personal injury claims often involve complex legal battles where the defending party employs various strategies to mitigate their liability. Understanding the most common defenses in personal injury claims can be beneficial for plaintiffs navigating the legal landscape. Here are some of the prevalent defenses used in these cases:

1. Comparative Negligence
Missouri operates under a comparative negligence system. This means if the injured party is found to be partially at fault for the accident, their compensation can be reduced according to their percentage of fault. For instance, if a claimant is deemed to be 30% responsible for the incident, their potential damages will be reduced by that percentage.

2. Assumption of Risk
A common defense in personal injury cases is the assumption of risk doctrine. This defense posits that the injured party knowingly engaged in an activity that had inherent risks. For example, if someone gets injured while participating in a contact sport, they may be considered to have assumed the risk associated with those activities.

3. Statute of Limitations
In Missouri, personal injury claims are subject to a statute of limitations, which generally allows a time frame of five years from the date of the incident to file a lawsuit. If the injured party fails to file within this period, the defendant can use this as a defense, thereby barring the claim in court.

4. Lack of Duty of Care
The defense may argue that the defendant did not owe a duty of care to the injured party. In personal injury law, establishing that the defendant had a legal responsibility to the plaintiff is crucial. If the defendant can demonstrate that no such duty existed, it can weaken the plaintiff’s case significantly.

5. Independent Contractor Defense
If the injury was caused by the actions of an independent contractor, a business may assert this as a defense to avoid liability. This defense is typically raised in cases involving work-related injuries, arguing that the business cannot be held responsible for the actions of contractors who are not their employees.

6. Pre-Existing Conditions
In many personal injury claims, the defense may highlight any pre-existing medical conditions of the plaintiff. They may argue that the injuries being claimed are not entirely attributed to the incident in question but rather exacerbated due to existing conditions. This can complicate the claims for damages as determining the extent of new injuries versus pre-existing issues becomes vital.

7. Lack of Proximate Cause
Another effective defense is challenging the notion of proximate cause, which refers to the specific cause-and-effect relationship between the defendant’s actions and the plaintiff’s injuries. Defendants may argue that the injuries were not a direct result of their actions, effectively distancing themselves from liability.

Understanding these common defenses in personal injury claims can prepare plaintiffs for what might arise if they decide to proceed with legal action. Navigating personal injury claims in Missouri requires a careful evaluation of the specific circumstances surrounding each case, and consulting with a knowledgeable attorney can provide clarity on how best to proceed.