Can I sue for a personal injury in Missouri?
When it comes to filing a personal injury lawsuit in Missouri, the process can be quite complicated. Knowing your rights and understanding the state’s laws is essential to getting the best possible outcome for you and your case. This article will provide an overview of the personal injury claims process in Missouri, including how to file a claim and what to expect from the court system.
Personal Injury Basics
In Missouri, personal injury is defined as an injury caused by someone else’s negligence or intentional act. Negligence occurs when someone fails to act with reasonable care, causing harm to another person. Intentional acts are those that are done intentionally to cause harm. In either case, if you believe that you have been injured as a result of someone else’s negligence or intentional act, then you may be able to file a personal injury claim against them.
Filing a Claim in Missouri
The first step in filing a personal injury claim in Missouri is to determine who was at fault for your injuries. This involves examining the facts of your case and determining whether someone acted negligently or intentionally. Once you have determined who was responsible for your injuries, you will need to submit a written complaint to their insurance company or file a lawsuit in court.
If you decide to file a lawsuit against the responsible party, then you will need to find an experienced attorney who can represent you throughout the legal process. Your attorney will be able to advise you on your legal options and help ensure that your rights are protected throughout the course of your case. This includes gathering evidence, preparing for trial, negotiating with the responsible party’s insurance company, and more.
After filing a lawsuit, the court system in Missouri will assign a judge who will oversee all aspects of your case until it is resolved. The judge will preside over hearings and other proceedings related to your case and may make decisions on certain matters such as discovery requests or motions filed by either side of the dispute.
The court system also requires parties involved in a personal injury case to attend mediation before going to trial. During mediation, both sides of the dispute meet with a neutral third party who attempts to help them reach an agreement outside of court. If both sides cannot agree during mediation, then they may proceed with a trial where they present evidence and arguments before a jury or judge who will ultimately decide on the outcome of the case.
Damages in Missouri Personal Injury Cases
In Missouri, there are two types of damages that may be awarded in personal injury cases: economic damages and non-economic damages. Economic damages refer to any financial losses resulting from an injury such as medical bills, lost wages, property damage, etc., while non-economic damages refer to any emotional distress or pain and suffering resulting from an injury. In some cases, punitive damages may also be awarded which are meant to punish parties found liable for particularly egregious acts of negligence or intentional harm.
The amount of damages that can be awarded varies based on several factors such as severity of the injury and whether or not punitive damages were awarded. Additionally, there are certain limitations on how much can be received in certain types of cases such as medical malpractice cases which have caps on how much can be awarded for non-economic damages.
It is important to note that Missouri follows what is known as “modified comparative fault” when determining liability in personal injury cases meaning that if both parties are found partially at fault for an accident then their respective awards may be reduced accordingly depending on their percentage of fault assigned by the court system.
Filing a personal injury claim in Missouri can be complicated but understanding your rights and knowing what to expect from the court system can help simplify the process and ensure that you get the best possible outcome for your case. It is important to consult with an experienced attorney if you have been injured due to someone else’s negligence or intentional act so that they can advise you on all aspects of filing a claim and navigating through the court system