Missouri Personal Injury Lawyer
Personal injury is a type of civil law that enables injured victims to recover damages or financial compensation from the fault party who caused the injury. Negligence from someone else’s side can cause serious personal injuries, including brain injuries, broken bones, burns, internal bleeding, and so on.
If you or a loved one has been injured in Missouri, the Missouri personal injury lawyers at the Injury Lawyer Team will evaluate your case and help you secure the much-deserved compensation.
What is a Personal Injury Law?
Known as tort law, personal injury law allows individuals to go to a civil court to seek legal remedy for the losses caused by an accident, usually due to someone’s negligence. The law defines personal injury as damage to a person’s body (cuts, bruises, and sprains) or mental health (depression, turmoil, and stress).
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Personal injury law covers all types of accidents, such as motorcycle accidents, slip and fall, and construction accidents, whether caused by negligence or intentional acts. If you were injured in an accident, you might get compensation for damages like medical bills, lost wages, emotional pain, and other damages.
In a personal injury lawsuit, the injured party must prove who was at fault in the accident and the degree to which the other party was responsible for the injuries.
Our experienced Missouri personal injury attorneys will handle all aspects of your case, from investigating the accident to negotiating with insurance companies, to ensure you receive the maximum compensation you deserve.
Missouri Personal Injury Statistics To Know
Missouri has one of the highest per-capita traffic fatality rates nationwide. To put this into perspective, in 2022, Missouri’s fatality rate was nearly 14.4 per 100,000 people, surpassing the national average of 11.2 per 100,000.
According to a report from the Governors Highway Safety Association, 129 pedestrians were killed by drivers in Missouri in 2022, which is a 7.5% increase from the year before and one of the 10 biggest percent increases in the United States.
Slips, trips, & falls are the second-leading cause of unintentional deaths in Missouri.
According to the Missouri Department of Labor, construction accidents resulted in 4133 injuries and 15 fatalities in 2022.
The Division of Senior and Disability Services investigated over 25,000 reports of suspected abuse in Missouri each year from 2013 to 2016.
These statistics serve as a reminder to us all to conduct ourselves responsibly and be aware of our legal options for fighting injustice. Our compassionate Missouri personal injury lawyers are dedicated to assisting you in receiving reimbursement for your damages.
Contact our Missouri personal injury lawyers to schedule a free consultation. All confidential or sensitive information shared with your Missouri personal injury lawyer remains private through an attorney-client relationship.
Common Types of Personal Injury Lawsuits in Missouri
Personal injury cases encompass different kinds of accidents where an individual suffers harm due to another party’s negligence or intentional actions. These abuse or injury cases vary depending on the situations where someone is injured. The more common types of personal injury lawsuits in Missouri are:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Construction Accidents
- Slip and Fall Accidents
- Medical Malpractice
- Product Liability
- Premises Liability
- Workplace Injuries
- Nursing Home Abuse and Neglect
- Sexual Abuse
- Injuries Caused By Animals (for example, Dog Bites)
- Wrongful Death Claims
- Other Negligent Acts
Filing a personal injury case requires adherence to state laws. The Missouri personal injury lawyers at our law firm provide legal guidance and stand up for your rights in accident or injury cases.
How to Prove Negligence in Personal Injury Cases?
Your attorney for the personal injury case in Missouri will ask you for compelling evidence to support a negligence claim. Furthermore, we will investigate the event and the people involved to find more evidence.
To successfully win or settle a personal injury case, Missouri Law requires claimants to prove these four indicators of negligence:
- The defendant was under a duty of care. By this law, people and organizations are expected to take reasonable care to avoid harming others. For example, a driver operating a truck on one of Missouri’s roads has a duty to obey the traffic laws and avoid reckless driving practices that could cause an accident.
- The defendant breached this duty of care. Proof of violation of the duty of care may include, driving under the influence, choosing the wrong road lane, failing to stop at the red light, etc.
- Breaching the duty of care caused your injuries. Personal injury lawyers will establish a clear link between the defendant’s negligence and the harm suffered by the plaintiff. For instance, when the speeding truck crashed into your car, you suffered a traumatic brain injury or TBI because of the impact.
- The plaintiff suffered damages while recovering from these injuries. Strong evidence such as medical records, hospital bills, payment receipts, and other documentation of the damages will be under review.
The Statute of Limitations in Missouri Personal Injury Claims
The personal injury laws in Missouri involve the statute of limitations. A statute of limitations is a legal deadline for an individual to file a personal injury claim. In Missouri, the statute of limitations for personal injury cases is five years, from the date of the accident. Waiting beyond these five years may result in the court dismissing your claim.
This deadline applies to most personal injury cases, including car accidents, workplace accidents, slips and falls, medical malpractice, and others. Hence, working with a qualified Missouri personal injury attorney right away is important to ensure your eligibility for rightful compensation.
How Comparative Negligence Works in Missouri Personal Injury Cases
Missouri follows the legal principle of comparative negligence, which recognizes multiple parties involved in an accident may share some degree of fault. Missouri is one of the twelve states that uses a pure comparative negligence system. By this doctrine, a person is entitled to recover damages from an accident even if they are partially at fault.
For example, if you are determined to be 20% at fault for a slip and fall accident, then you will be responsible only for 20% of the damages, receiving 80% of the compensation.
Because Missouri uses a pure comparative negligence system, an injured party can recover damages as long as they are not 100% at fault for an accident, in proportion to the other driver’s fault.
Comparative negligence law in Missouri is applicable for both personal injury lawsuits and third-party insurance claims. A judge or an insurance company determines the percentage of fault by reviewing evidence from the claimant and the police reports.
Our Missouri personal injury attorney has a proven record of determining fault and building strong cases for our clients.
What Types of Compensation Are Available in Missouri Personal Injury Cases?
Missouri personal injury laws allow individuals to seek compensation for various types of damages, depending on the evidence of the case. The major types of damages available in personal injury cases are:
1. Economic Damages (Special Damages)
Financial losses resulting from an injury in an accident caused by someone else’s negligence are called economic damages. These losses can be proven using documents like medical bills or payment receipts.
Economic damages may include:
- Medical bills
- Loss of wage and benefits
- Cost of household help
- Loss of capacity to earn
- Therapy and medicine expenses
- Travel expenses
- Costs related to repairing property damage
2. Non-Economic Damages (General Damages)
Non-economic damages are difficult to quantify with a formula or statutory rule, as each person suffers injuries uniquely. Referred to as “pain and suffering”, non-economic damages can be downplayed by insurance companies, though in reality, they are as severe as physical injuries.
You can receive compensation with the help of a Missouri personal injury lawyer for non-economic damages like:
- Emotional pain and suffering
- Loss of enjoyment of life
- Loss of quality of life
- Loss of consortium
- Disfigurement and scarring
- Permanent disability
3. Punitive Damages
Unlike economic and non-economic damages, punitive damages are not meant to compensate the plaintiff. Instead, they punish an individual for gross negligence or intentional wrongdoings. Missouri court grants a plaintiff punitive damages only when it’s proven that the defendant’s actions were intentionally harmful, disregarding the safety of others.
Note: Missouri law has established a cap on non-economic damages awarded in medical malpractice lawsuits at $457,749. However, if the person suffers catastrophic injuries, such as paralysis, loss of a limb, or brain damage, the cap can be increased to $801,061.
Contact a Missouri personal injury lawyer to understand your claim worth and the best possible legal options.
How a Personal Injury Lawyer in Missouri Can Help Recover Your Damages
When you have suffered injuries from someone else’s negligence, lost a loved one, or went through abuse, it can be a distressing experience to seek justice. A Missouri personal injury lawyer using their knowledge, expertise, and connections, can help you secure favorable outcomes.
Injury lawyers provide expert guidance throughout the complex legal process of filing a lawsuit, taking from their in-depth understanding of personal injury law. They evaluate the details of your case to develop an effective legal strategy for winning the personal injury case or settlement.
Having a Missouri personal injury attorney as a masterly negotiator means they negotiate settlements with insurance companies on your behalf, securing a fair deal. With ample resources at their disposal, personal injury lawyers gather strong evidence based on exhaustive investigation, solidifying your injury claim.
Considering the top advantages of legal representation, it’s advisable to hire a qualified Missouri personal injury attorney for your personal injury case.
Schedule a Free Consultation with Our Personal Injury Lawyer
Have you faced injuries as a result of another person’s negligence and looking to file an insurance claim? We at the Injury Lawyer Team, powered by Rosenfeld Law Offices, have been representing clients in St. Louis, Missouri, harmed by negligence and abuse for decades.
Contact us at (888) 424-5757 for a free case evaluation. Our team will provide you with the best Missouri personal injury lawyer and help seek compensation for your damages.
Our legal team accepts all personal injury claims, malpractice lawsuits, and wrongful death cases on a contingency fee basis. This arrangement ensures no upfront charges are paid by our Missouri clients for legal services until our attorneys secure favorable results through negotiated settlements and jury awards.