Filing a Personal Injury Claim in Missouri

While the old dictum, ‘prevention is better than cure’ might not be accurate when it comes to accidents causing personal injury, it is advisable to be aware of the course of actions available to you should anything happen. If you have been involved in a car accident in St. Louis and believe that someone is responsible for your injuries, you can file a personal accident claim.

What identifies as a Personal Injury Lawsuit?

You are eligible for filing a personal injury lawsuit if you have been in an accident that has caused you a personal injury. The accident can be of varied nature – car accident, medical malpractice or negligence, dog bites, assaults, domestic violence, employment discrimination, etc.

How long do you have to file a personal injury claim in Missouri?

Like most other states, Missouri too has its statute of limitations when it comes to filing a personal injury claim. These statutes refer to the period of time that you have in which you should file a court case if you are to be eligible for compensation.

In Missouri, the period of time that a claimant has to submit his/her personal injury claim in the court of law is five years. If you fail to approach the court within five years of the date of the accident that caused the injury, you will only be weakening your case, if at all the court agrees to hear your case.

Are there any caps on the injury damages that you can claim in Missouri?

While some states have a ‘cap’ or a limit to the damages that can be claimed in a personal injury case, Missouri currently has no such limitations. However, a cap was indeed placed shortly for medical malpractices damages in 2005, but was later struck down in 2012 by the Missouri Supreme Court.

What are the rules regarding filing a personal injury claim against the government in Missouri?

In case you want to file a personal injury claim that involves the negligence in the hands of a government agency or a government employee, you are required to file a claim with the Office of Administration’s Risk Management Division within 90 days of the occurrence of the accident.

How does the Shared Fault Clause work in the Personal injury Cases in Missouri?

The Shared Fault Clause in the personal injury cases in Missouri works on the principle of the ‘Pure Comparative Negligence’. This means that even though you are eligible for receiving a compensation from the other party, the exact amount of the compensation would be decided by the court depending on how much percentage of the blame or the ‘fault’ for the accident is borne by you.

For example, if the court decides that the accident was 50% your fault, and 50% the fault of the other party, you will be eligible to receive only half the claim that you have sued the other party for. This is because the court reduces your claim to the damages in accordance with the percentage of the fault that is assigned to you by the court.

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