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The Statutes for Personal Injury in Missouri Explained

When an individual suffers an injury due to the negligence, recklessness, or intentional action of another party, Missouri law permits the victim to file a personal injury lawsuit against the at-fault party. This type of legal action allows the injured party to recover compensation for accident-related losses such as medical expenses, lost income, and pain and suffering due to the injury.

Personal injury law can be an overwhelming topic for anyone outside the legal profession. Understanding a few of Missouri’s key personal injury statutes can help you feel more confident as you move forward with your case.


Statute of Limitations

In Missouri, the law outlines a specific period for filing a personal injury lawsuit. An injured person generally has five years from the date of the incident to file. However, there are exceptions to this rule, such as in cases of medical malpractice, where different time limits may apply.

It’s crucial to file your claim within the period set out within the statute of limitations because if you fail to do so, the court will likely dismiss your case. You will be barred from recovering any compensation for your injuries and losses. Consulting with a knowledgeable personal injury attorney can help you meet the applicable deadlines.

 

Comparative Negligence 

Missouri follows a pure comparative negligence rule, which means that an injured party’s damages are reduced by their percentage of fault in the incident. For example, if the injured party is found to be 20 percent at fault for the accident, and the total damages they could claim are $100,000, the injured party would only be able to recover $80,000 (80 percent of the total damages).

This rule applies regardless of the degree of the injured party’s negligence, meaning that they can still recover some compensation even if they were primarily at fault for the incident. However, it’s essential to have a skilled attorney who can effectively argue against any allegations of comparative negligence to maximize your potential recovery.

 

Damage Caps 

Missouri has implemented damage caps, or limits, on certain types of damages that can be awarded in personal injury cases. These caps apply to non-economic damages, which cover intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.

For medical malpractice injuries, the cap on non-economic damages for non-catastrophic injuries is currently set at $465,531. However, in cases involving catastrophic injuries, such as permanent physical or cognitive impairment, the cap is increased to $814,679.

It’s important to note that these caps do not apply to economic damages, such as medical expenses and lost wages, which can be recovered in full if proven.

 

Contact Holland Injury Law, LLC

 

If you have suffered injuries due to another party’s actions, the Missouri legal team at Holland Injury Law, LLC is here to help you get your life back on track. We have assisted more than 7,000 clients, recovering over $200 million in settlements and verdicts. Our track record demonstrates our commitment to fighting on behalf of injured individuals in Missouri, and we are ready to stand up for your rights. Call us today at (314) 888-7888 or contact us online for a free consultation.

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