How Does Missouri’s §537.060 Statute Affect Joint Liability and Compensation in Personal Injury Cases?

 

Not every injury has a single villain. Often more than one party shares the blame, the driver who hit you and the employer who had them on the road too long, the trucking company and the shop that skipped the brake repair, the store that spilled the hazard and the cleaning contractor that ignored it. When several parties are responsible for the same injury, Missouri law has specific rules for how fault is divided, how the defendants pay, and what happens if you settle with one and not the others. Getting those rules right can make a large difference in what you actually recover.

When Is More Than One Party at Fault?

Shared-liability situations come up constantly in injury cases. A few common examples:

• Multi-vehicle pileups, where two or more drivers each contributed to the chain of collisions. See our Missouri car accident lawyer page.
• Truck crashes, where the driver, the trucking company, a cargo loader, a maintenance shop, or a parts maker may each share fault. Our Missouri truck accident lawyer page explains how these claims work.
• A driver on the job, where the employer is responsible alongside the employee who caused the crash.
• Dangerous property, where a property owner and a separate contractor or tenant both failed to fix a hazard.
• Drunk driving, where a bar or vendor that overserved may share responsibility with the driver.

Why Identifying Every At-Fault Party Matters

This is the practical heart of a multi-party case: each responsible party usually carries its own insurance. If only the at-fault driver is named and their policy is small, your recovery is capped by that policy. But if an employer, a trucking company, or a property owner also shares fault, their larger policies may come into play. Missing a liable party is one of the most common ways injured people leave money on the table, which is why a thorough investigation up front is so important.

How Missouri Divides Fault Among Defendants?

In a multi-defendant case, the jury assigns each party a percentage of fault. Missouri then applies RSMo 537.067 to decide how those percentages translate into who pays:

• A defendant found 51 percent or more at fault is jointly and severally liable. That means it can be required to pay the entire judgment, and then pursue the other defendants for their shares.
• A defendant found less than 51 percent at fault is generally responsible only for its own percentage of the damages.

This rule matters to you because it affects collectability. A badly injured plaintiff with a mostly-at-fault defendant that carries real coverage is in a stronger position than one facing several small, thinly insured parties.

Contribution: How Defendants Sort Out Payment Among Themselves

Once the parties who caused your injury are established, they also have rights against each other. Under RSMo 537.060, Missouri’s contribution statute, a defendant that pays more than its fair share of a judgment can seek contribution from the other responsible parties. This is largely a fight among the defendants and their insurers, not something you have to manage, but it is part of why cases with several at-fault parties involve more moving pieces, and why experienced handling matters.

What Happens If You Settle With One Party but Not the Others?

This is where RSMo 537.060 directly affects your recovery. If you reach a good-faith settlement with one of several responsible parties:

• The settlement does not release the other parties unless the agreement specifically says so, you can still pursue them.
• Your claim against the remaining parties is reduced by the amount you received in that settlement.
• The party you settled with is generally protected from contribution claims by the others.

Because the timing and structure of an early settlement can affect your total recovery across all the defendants, it is worth getting advice before you sign a release with any one party.

Your Own Share of Fault

Multi-party cases also interact with your own conduct. Missouri follows pure comparative fault (Gustafson v. Benda, 661 S.W.2d 11, Mo. banc 1983), so if you are assigned a share of fault, your total damages are reduced by that percentage, but you are not barred from recovering. Your share also does not excuse the other parties from their own responsibility.

Deadlines Still Apply

Multi-party cases take time to investigate, but the filing clock does not wait. Most Missouri personal injury claims must be filed within five years under RSMo 516.120, and wrongful death claims within three years under RSMo 537.100. Because identifying every at-fault party and their insurance takes work, it is best to start early. Families who lost a loved one can learn more on our wrongful death lawyer page.

Frequently Asked Questions

Can I sue more than one party for the same injury in Missouri?

Yes. When more than one party’s negligence contributed to your injury, Missouri law lets you pursue all of them in the same case. Each party that helped cause the harm can be held responsible, and naming every at-fault party often means more insurance coverage available to pay your claim.

What happens if I settle with one at-fault party but not the others?

Under RSMo 537.060, a good-faith settlement with one party does not release the others unless the agreement says so. Instead, your claim against the remaining parties is reduced by the amount you received in that settlement, and the party you settled with is protected from contribution claims by the others. How you structure an early settlement can affect your total recovery, so it is worth getting advice first.

How is liability divided among multiple defendants in Missouri?

A jury assigns each defendant a percentage of fault. Under RSMo 537.067, a defendant found 51 percent or more at fault is jointly and severally liable, meaning it can be made to pay the full judgment and then seek contribution from the others. A defendant found less than 51 percent at fault is generally responsible only for its own share.

What if I was partly at fault too?

Missouri follows pure comparative fault, so you can still recover even if you share some blame. Your total damages are reduced by your percentage of fault, but your own share does not bar the claim and does not let the other parties avoid their responsibility for their shares.

Why does it matter to identify every at-fault party?

Each at-fault party may carry its own insurance, so finding all of them can mean the difference between a policy too small to cover your losses and enough coverage to make you whole. Missing a liable party, such as an employer, a maintenance company, or a property owner, can leave money on the table.

How long do I have to file an injury claim in Missouri?

Most Missouri personal injury claims must be filed within five years under RSMo 516.120, and wrongful death claims within three years under RSMo 537.100. Multi-party cases take time to investigate, so it is best to start early while evidence and insurance information can still be gathered.

Award-Winning Personal Injury Lawyer Recognized for Excellence

At Mutrux Firm Injury Lawyers, our results speak through the voices of our clients and now, through the honors we’ve earned in the community. Tyson Mutrux is licensed to practice in Missouri, Illinois, and U.S. Federal Courts. He takes every case seriously, representing individuals in serious injury claims with precision and care.

A lawyer’s reputation speaks volumes about their ability to handle cases effectively. Whether you need legal representation for a personal injury claim, a defective product or product liability claim, a premises liability case involving an unsafe rental, a burn injury, a catastrophic injury, or a wrongful death, choosing an attorney with a proven track record is essential.

Before Tyson Mutrux became one of Missouri’s most effective personal injury lawyers, he served in the U.S. Army as a Non-Commissioned Officer. He graduated with distinction from the Non-Commissioned Officers Academy and received the Army Commendation Medal for exceptional service.

The military taught him discipline, precision, and the importance of planning three moves ahead. Those same principles guide his approach to every case today.

Over the years, he has earned notable recognition, including:

• Selected for Super Lawyers (2024 – 2026).
• Best Car Accident Lawyer in Columbia, Missouri, Expertise.com (2026).
• Best Injury Lawyer in Columbia, Inside Columbia Magazine (2025).
• Top 10 Car Accident Lawyers in Columbia, Trust Analytica (2024).
• The Nation’s Top One Percent of Attorneys, National Association of Distinguished Counsel (2015).
• Top 100 and Top 40 Under 40, The National Trial Lawyers (2014).
• Superb (10/10) Rating, Avvo (2012).
• U.S. Army Commendation Medal.

You can also connect with us directly on Google to see reviews, updates, and more:

Mutrux Firm Injury Lawyers – St. Louis

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We serve clients across Missouri and Illinois, with dedicated offices in St. Louis and Columbia.

Hurt by More Than One Party? Talk to a Missouri Injury Lawyer

If more than one person or company may be responsible for your injury, sorting out who pays, and how a settlement with one affects the rest, is exactly the kind of case where experienced help pays off. Mutrux Firm Injury Lawyers investigates every potential source of fault and coverage so nothing is left on the table. We offer a free case review, and you pay nothing unless we win. Contact us or call (888) 550-4026 today.