Missouri Personal Injury
If you have experienced a personal injury due to an accident that happened in Missouri and was caused by another party, then you might be entitled to receive compensation. That compensation is intended to reimburse you for past and future medical expenses, past and future lost wages, and pain and suffering damages.
Types of Personal Injury Cases in Missouri
Personal injury, as a legal term, depicts mental, physical, and emotional harm or damage to a person caused by another's negligence. Personal injuries may be minor on a continuum of degree, such as a contusion, sprain, or strain. Or, they may be extreme at the opposite end of the spectrum, such as permanent paralysis, permanent disability, or gross disfigurement. Unfortunately, personal injuries can even be as tragic as death. Note that personal injury, as a body of law, does not afford any type of recovery whatsoever for personal or real property destruction, such as to cars or homes.
Personal injuries can happen in a variety of manners. Triggers for many Missouri personal injuries fall into one of the categories below:
- auto accidents
- trucking accidents
- pedestrian accidents
- motorcycle accidents
- bicycle accidents
- premises liability
- products liability
- dangerous drugs
- wrongful death
- asbestos-related injuries
- medical malpractice
Or there may be other causal factors.
How Is Fault Determined in Missouri Personal Injury Cases?
To collect a recovery in a personal injury case in Missouri, a successful plaintiff must prove the defendant was negligent. As a legal principle, negligence is established by meeting these prongs:
- Duty. The party who caused harm or injury (defendant) had a legal duty or responsibility not to cause harm or injury to plaintiff.
- Breach. The defendant failed to meet this legal duty or responsibility to the plaintiff.
- Causation. There is a causal connection or nexus between the defendant's conduct and the plaintiff's harm or injury.
- Damages. The plaintiff suffered damages, financial harm, or other types of loss because of the accident or injury that occurred.
Missouri Has Adopted the Modified Comparative Fault Rule in Negligence
Like 12 other states, Missouri has adopted the pure comparative fault rule in negligence. Under this tort rule, an injured litigant may recover for his or her injuries even if he or she is 99 percent at fault for them. That said, Missouri judges and/or juries will probably reduce a plaintiff's recovery by the proportional degree of fault.
Whether you live in Kansas City, Springfield, St. Louis, Independence, Columbia, Lee's Summit, St. Charles, or elsewhere in Missouri, a personal injury attorney can assist in your evaluation, assessment, and determination of any legal remedies, alternatives, and potential recovery sources for a personal injury claim. Time may be of the essence, however, in the prosecution of your legal claim. In most cases, initial consultations are provided free of charge to prospective or future clients.
Find a local Missouri personal injury attorney today
A Missouri personal injury lawyer can help evaluate your situation and explain your legal options. If the Missouri personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.