Personal Injury Law in Missouri
Were you hurt due to another’s negligence in Missouri? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Missouri can help navigate the lawsuit to make sure you receive all of the compensation you deserve.
What Is Personal Injury Law?
Personal injury law in Missouri relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.
Examples of Personal Injury Claims in Missouri
Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in Missouri
The Missouri Department of Health and Senior Services has found that unintentional injuries are the leading cause of death among ages 1-44. More lives were lost due to injury in Missouri, than to any other cause of death. In addition, death from falls in Missouri is higher than the national average at 68.61 per 100,000 population in 2016. The leading cause of injuries in the state were therefore attributed to falls and auto accidents.
Steps in a Personal Injury Lawsuit in Missouri
Once you determine that you wish to proceed forward with a personal injury action in Missouri A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations, and document production. This discovery process is lengthy and ends in either a settlement or a court appearance. First, you should consult with your Missouri attorney and they will file a complaint with the court on your behalf. Next, comes the discovery process which either leads to a motion with the court to dismiss the case, or see the case go to trial. With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and the factors that impact the final amount. Determining the average settlement for a personal injury suit is nearly impossible. According to Missouri Courts, there are simply too many variables to determine an average. Factors like the severity of the injury, the party at fault, work loss costs, and the duration of a trial have a significant impact on total costs. Cases that go to court typically see higher settlements, as the injuries tend to be more severe to warrant a trial. On average across the nation personal injury settlements range from $3,000 to $75,000. However, some Missouri cases could settle for millions. If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in MO, that means you risk not receiving any compensation at all. If your Missouri personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted. Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses. General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant to compensate you for the pain and anguish. Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. Currently, Missouri does not have any caps on any kind of damages when it comes to a personal injury settlement. An injured party typically has a limited window of time to file a personal injury lawsuit. This time frame, known as the statute of limitations, is established by state law. Generally, the clock starts ticking from the date of the injury or when the injury is discovered. However, in cases of delayed discovery, the burden falls on the plaintiff to prove when the injury was first realized. In Missouri, the statute of limitations allows you five years from the date of the injury to file a lawsuit in civil court. If you’ve been injured, consulting with a personal injury attorney is crucial. Acting promptly ensures you don’t miss the opportunity to seek the compensation you rightfully deserve. Pursue a personal injury claim in Missouri against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Missouri state lines. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area! Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States. With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. If you still have some urgent questions about your situation, take a look at another area of Missouri law.Missouri Personal Injury Settlement
Damage Awards in Missouri
Statute of Limitations in Missouri Personal Injury Law?
Work With an Experienced Missouri Lawyer
About the Author
Auto Accident Injury
Bankruptcy
Business Law
Child Birth Injury
Child Custody
Child Support
Consumer Law
Copyright Law
Criminal Defense
Debt Collector Harassment
Divorce Law
DUI Law
Employment Law
Eviction Law
Foreclosure Defense
Identity Theft
Immigration Law
Insurance Claims
Lemon Law
Medical Malpractice
Nursing Home Abuse
Patent Law
Power of Attorney
Probate Law
Property Disputes
Real Estate Law
Social Security Disability
Tax Law
Traffic Law
Vaccination Injury
Workers Compensation
Workplace Discrimination
Wrongful Termination
Wills and Trusts
