If you’re a personal injury victim in St. Louis, recovering damages can be challenging due to Missouri’s comparative fault law. It’s crucial to understand how comparative fault works and its potential impact on your case. Therefore, having a personal injury attorney on your side is essential.
According to a recent article by the Legal Reader in March 2023, Missouri is classified as a “tort state” or an “at-fault” state. In other words, to receive compensation and file a lawsuit, you must establish that your injury resulted directly from someone else’s negligence.
The article also notes that the state follows a system of “pure comparative negligence.” This is where the help of a personal injury attorney is essential. They can investigate the accident, gather evidence, and build a strong case to prove fault and liability.
In this article, we’ll explore the basics of comparative fault in Missouri and explain how an experienced attorney can help you navigate this complex legal system.
Table of Contents
Missouri’s Comparative Fault Law
Missouri follows the legal doctrine of comparative fault, which determines how damages should be allocated when more than one party is responsible for an accident or injury. Specifically, Missouri adheres to the principle of pure comparative fault, which allows an injured party to recover damages even if they were partially at fault for the incident.
In cases of pure comparative fault, the compensation awarded to an injured party will be reduced proportionally to their level of responsibility. For example, if a person is found to be 20% at fault for an accident and the damages incurred are $100,000, they can only recover $80,000 in damages.
A recent Forbes article published in 2023 explains that this differs from the rules in modified comparative negligence states, where a lawsuit can only be filed if the other driver is at least 50% or 51% responsible for the accident. It also contrasts with the contributory negligence rules applied in some states, which prevent any lawsuit if the injured party shares even a small portion of the blame for the accident.
This means that the injured party is still entitled to compensation, but the amount will be adjusted based on their level of responsibility for the incident.
It is important to note that Missouri’s comparative fault law applies to all types of personal injury cases, including car accidents, slips and falls, and medical malpractice. Additionally, it is up to the jury or judge to determine the percentage of fault for each party involved in the case based on the evidence presented.
The Challenges
Navigating Missouri’s comparative fault law can be complex and challenging, especially for individuals who are not familiar with the legal system.
In such circumstances, it would be best for an individual to approach a local St. Louis law firm with experience handling comparative fault cases. Local law firms in St. Louis will have experience dealing with insurance companies in the area who may attempt to offer lowball settlements.
While exploring law firms in St. Louis, you may come across TorHoerman Law, LLC. They can provide you with a St. Louis personal injury attorney who has experience in handling cases involving comparative fault. TorHoerman Law, LLC claims to have a history of securing successful outcomes for its clients in personal injury cases.
You should always remember that it is important to work with a law firm that prioritizes communication and is accessible to you throughout the legal process. A good attorney should be able to answer your questions and provide updates on your case in a timely manner.
The Role of an Attorney
A personal injury attorney in St. Louis is essential for victims seeking compensation through the legal system. They can provide valuable assistance by investigating the accident, collecting evidence, interviewing witnesses, and building a strong case. Additionally, they can negotiate with insurance companies to ensure that victims receive the maximum possible compensation.
One of the key benefits of having a St. Louis personal injury attorney is their familiarity with comparative fault law in Missouri and the local court system. This expertise allows them to offer valuable guidance throughout the legal process and ensures that victims have the best chance of receiving the compensation they deserve.
Personal injury attorneys possess legal expertise in the specific area of personal injury cases. Their knowledge allows them to maximize compensation for their clients by leveraging their experience and negotiating skills.
According to On the Map Marketing statistics, people who hire an experienced personal injury attorney are far more likely to achieve a payout settlement, with around 91% of them receiving compensation. In comparison, only around 51% of individuals who chose not to have legal assistance get a settlement.
Conclusion
Navigating Missouri’s comparative fault law can be challenging, but having a St. Louis personal injury attorney on your side can make the process smoother and ensure that you receive the compensation you deserve. If you’ve been involved in an accident, don’t hesitate to contact an experienced attorney who can help you navigate this complex legal system and fight for your rights.
