Personal Injury Law in St. Louis, MO

Were you hurt due to another’s negligence in St. Louis? 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 St. Louis, MO 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 St. Louis 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 St. Louis, MO

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 St. Louis 

According to data from the Missouri Department of Health & Senior Services, car accidents represented just short of 13% of all nonfatal injuries. Stunning research from the Everytown for Gun Safety Support Fund shows that Missouri has the highest rates of nonfatal injuries from firearms. 2,541 cases out of 527,561 nonfatal accidents in 2015 struck a disproportionate number of young adults and adolescents.

Steps in a Personal Injury Lawsuit in St. Louis, MO

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 settlement or a court appearance.

Once discovery finishes, the mediation or negotiation phase can begin. An article from the Cornell University Law School states that 95 percent of cases settle before trial. The same is true for anyone who files a suit in the St. Louis County Circuit Court. If your injury case goes to trial, a judge and jury will have the final say.

Missouri Personal Injury Settlement

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 factors that impact the final amount.

Settlement amounts depend on the nature of the case, but Missouri does require the following basic liability coverage amounts:

  • $10,000 per accident for property damage
  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury

Missouri is a “No Pay, No Play” state after HB 339 passed in August of 2019. As a result, if the defendant in a case does not have the minimum amount of insurance coverage, they’re not eligible to receive reimbursement for damages from the accident.

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.

Damage Awards in Missouri

If your Missouri personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. Keep in mind 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. As well, if your injury was particularly painful, you might request that the judge order the defendant 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. 

Missouri does not have a cap on personal injury damages. Except for wrongful death in medical malpractice cases, which get capped at $350,000.

Statute of Limitations in St. Louis, MO Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

In Missouri, you have five years to file a personal injury claim. For St. Louis residents, that means you must file a lawsuit within half a decade after the incident.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced St. Louis, MO Lawyer

Pursue a personal injury claim in St. Louis 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!

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