What to Know About Personal Injury Lawsuits in Missouri

Personal injury lawsuits are legal actions taken by individuals who have suffered harm due to the negligence or wrongful actions of another party. In Missouri, understanding the basic elements of personal injury lawsuits is essential for anyone contemplating filing a claim. Here’s what you need to know.

Types of Personal Injury Cases

In Missouri, personal injury cases can arise from various situations, including:

Car Accidents: Negligent driving, speeding, or driving under the influence can lead to injuries.
Slip and Fall Accidents: Property owners may be liable if someone is injured due to unsafe conditions on their property.
Medical Malpractice: Healthcare professionals can be sued if their negligence results in patient harm.
Workplace Injuries: Employees may claim compensation for injuries sustained while on the job.

Filing a Personal Injury Lawsuit

To file a personal injury lawsuit in Missouri, the following steps are typically involved:

Consult with an Attorney: It is advisable to seek legal counsel to ensure that you understand your rights and legal options.
Gather Evidence: Collect all relevant documentation, including medical records, police reports, and photographs of the accident scene.
File a Complaint: An official complaint must be filed in the appropriate court, outlining the specifics of your case.
Discovery Phase: Both parties will exchange evidence and information relevant to the case.
Negotiation and Settlement: Many personal injury cases are settled out of court. Your attorney will negotiate with the insurance company or opposing party to reach a fair settlement.
Trial: If a settlement cannot be reached, the case may proceed to trial where a judge or jury will determine liability and damages.

Statute of Limitations

In Missouri, the statute of limitations for personal injury lawsuits is generally five years from the date of the injury. This means that individuals have five years to file a lawsuit; otherwise, they may lose their right to pursue compensation. It is crucial to act promptly and consult an attorney to ensure that timelines are respected.

Comparative Negligence in Missouri

Missouri follows a "pure comparative negligence" rule, which means that even if a plaintiff is partially at fault for the accident, they can still recover damages. However, the total amount of compensation will be reduced by the percentage of fault attributed to them. For example, if you are awarded $100,000 in damages but found to be 30% at fault, you will receive $70,000.

Compensation in Personal Injury Cases

In successful personal injury lawsuits, plaintiffs may receive compensation for:

Medical Expenses: Costs for medical treatment, rehabilitation, and ongoing care.
Lost Wages: Compensation for income lost due to the inability to work.
Pain and Suffering: Damages awarded for emotional distress and physical pain.
Property Damage: Reimbursement for damages to personal property incurred during the incident.

Conclusion

Navigating the complexities of personal injury lawsuits in Missouri can be challenging. Understanding the types of cases, the filing process, and the laws governing personal injury can empower victims to seek the compensation they deserve. Seeking the assistance of a knowledgeable attorney can help ensure that your rights are protected throughout the legal process.