Missouri Personal Injury Law Overview
The basic principles of personal injury law are the same from state to state, but some of the specific aspects of this law are different in each state. Some of the most common types of personal injury law in Missouri are vehicle accidents, defective products, medical malpractice and premises liability.
Damages
Non-economic damages include things such as:
- Pain and suffering
- Loss of companionship
- Emotional distress
- Loss of quality of life
Basically, they are real losses that have not cost you a specific dollar amount. In most types of cases in Missouri, there is no cap on non-economic damages, but in medical malpractice cases, non-economic damages are capped at $350,000.
Punitive damages are awarded to punish the party who caused you harm. In most cases in Missouri, punitive damages can be no more than $500,000 or five times the amount of compensatory damages. However, you will only see half of that because the state takes the other half.
Statute of limitations
For most types of personal injury, in Missouri, you have five years to file your lawsuit. Some types of cases have a shorter time limit. If your case is a medical malpractice case you only have two years to file, in some types of malpractice that two years can start on the date that the malpractice as discovered as long as it is no more than ten years from the date that it occurred.
In some cases there are special exceptions for minors, giving them more time. The statute of limitations is a critical aspect of your case and can be difficult for the laymen to determine. If you miss your deadline you will have no case, so it is very important to contact an experienced personal injury attorney if you are even considering a lawsuit.
Negligence
In Missouri you are entitled to compensation, even if you are partly at fault for your injuries. You can be 99% to blame and still collect compensation for the one percent that was someone else's fault. You can receive compensation for an amount that is proportionate to the other party's share of responsibility-this is referred to as "modified comparative negligence."
Joint and several liability
When you win your lawsuit, you still have to collect. When there is more than one responsible party, Missouri makes it much easier than some states by applying "joint and several liability," in which each party is responsible for his share, but if one party cannot pay, the others are responsible for the entire amount.
If you live in Missouri and feel you may have a personal injury claim, please contact a Missouri personal injury attorney in your area to schedule a confidential consultation.
