Personal Injury Law in Missouri
The state of Missouri requires that in cases of personal injury, the plaintiffs must prove that the incident was caused due to the defendant’s carelessness or negligence. Plaintiffs must also prove that the defendant’s wrongdoing actually caused their damages and/or suffering.
In Missouri, a comparative negligence law is in effect. This means that any person who is only partially at fault for an incident is entitled to collect losses. However, the amount that the person can collect depends on their percentage of responsibility in the matter. The percentage of responsibility is subtracted from the total amount that person is entitled to collect. If there are multiple parties involved in the incident, Missouri’s joint and several liability rule takes effect. In Missouri, this rule means that any person who is 51 percent or more responsible for the incident is responsible for all of the suing party’s losses. If that payment turns out to be more than that person was responsible for they are entitled to sue other parties involved for their own compensation. Anyone who is less than 51 percent responsible is only required to pay his/her share of compensation due to the suing party.
In the case of a consumer product personal injury lawsuit, Missouri uses strict liability law. This can be helpful for plaintiffs in these types of lawsuits. In order to win a personal injury lawsuit in these kinds of cases in Missouri, the plaintiffs must prove that the product was made with one or more errors, which caused the consumer harm and damaged them in a substantial way. To be successful in a personal injury lawsuit over a flawed consumer product in Missouri, the plaintiff must also prove that they were correctly using the product.
In cases of medical malpractice in Missouri, there is a limit on non-monetary damages, but there is no limit on monetary damages. The limit on non-monetary losses in these cases is $350,000. In these types of cases, it is always best to consult a qualified expert in the medical realm in which the malpractice occurred.
The statute of limitations in Missouri is five years. This means that if five years or more have passed since the accident or medical malpractice incident has occurred a claim cannot be filed. Consult a qualified Missouri Personal Injury Lawyer to see if you have a valid case before entering into any kind of lawsuit.
The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.
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