Missouri Injury Law; Knowing the Facts

If you have been injured by someone else’s negligence or carelessness it is essential that you make sure certain things are addressed and noted so that your claim can be settled quickly and to your satisfaction.

To Do List

First off, write down everything about the accident, or injury; where and when it occurred, names, numbers and addresses of witnesses, police officers and insurance company representatives, or workers’ comp reps if it was a work-related injury.

Speak with a Missouri personal injury attorney before making any statements, written or verbal, to insurance company representatives. Inform the party involved that you will be making a claim. And gather as much evidence as you can; photos, damaged personal belongings; etc.

Who’s to Blame

In the majority of cases you must prove that the person who caused you injury was negligent. In the state of Missouri that means you must prove: the person who caused your injury owed you a duty; the other party broke that duty; you suffered injury or damages and the other party’s failure caused your injury.

Under Missouri’s Comparative Negligence Law, if your own carelessness contributed to your injury, your damages are reduced by your percentage of fault. So even if you were ninety-nine percent at fault you still may recover, but you’ll receive only 1 % of the damages awarded by the jury or judge.

Now if more than one person caused your injury, each party must pay a percentage of your damages. Any person or party that is deemed to be at 51% at fault must pay all of your damages.

What is the Claim?

Under Missouri law, the person who injured you is responsible for; past, current and future medical expenses, time lost from work, property damage, any permanent disfigurement or disability, emotional distress, change in your future earning ability due to the injury and any other costs that are a result of the injury.