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Missouri Personal Injury LawThis summary of Missouri personal injury laws and case explanations will help you understand what's important when dealing with injury claims in this state...Missouri Statute of Limitations:Personal Injury Cases: For general personal injury, the statute of limitations is 5 years for negligent conduct and 2 years for intentional conduct.Medical Malpractice Claims: 2 years from discovery of the injury, but no more than ten years from the act that would have given rise to the claim. Product Liability Cases: 5 years Caps on Personal Injury Awards in Missouri:With regard to all personal injury claims, there is a $350,000 dollar cap on non-economic damages in any personal injury with no adjustment for inflation (as the previous law held) pursuant to the 2005 Missouri Tort Reform Act.Missouri Serious Injury Threshold:There is no serious injury threshold in the state of Missouri.Missouri is a Fault state and follows the pure comparative negligence doctrine. An insurance adjuster will first assess who is at fault and pay accordingly. Missouri has gotten rid of the collateral source rule therefore a defendant is no longer allowed to present evidence of what the victim paid as proof of damages. Rather, it is what the victim was charged. Personal Injury Claims & Theories of Liability in Missouri:Medical Malpractice Cases: These are injuries that occur when a medical professional fails to perform thier duties to the degree expected of them. These cases are difficult to prove if it can be shown that other doctors would have made the same or similar decisions.Wrongful Death Cases: If an individual dies during the course of another’s negligence, they will be liable for wrongful death. Slip and Fall Accidents: If a party is injured on the property of another due to that person's negligence, they will be liable under the theory of premises liability. Auto Accident Claims: If a driver is negligent and as a result, causes an accident due to his/her negligent conduct, he or she will be liable for the injuries that ensue. Missouri follows the pure comparative fault theory, therefore he or she is entitled to recovery reduced by their degree of fault up to 99%. Product Liability Lawsuits: If a product fails in its design, manufacture or distribution and the result is serious injury or death, the manufacturer or distributor is usually strictly liable to the injured party under this theory. Workers' Compensation Law: In Missouri employers are required to carry workers compensation insurance. Therefore, if an employee is injured while working, his or her employer will be required to compensate the injured party for his injury provided it occurs during the scope of employment. For More Information Check out these sites: Official Missouri State Government Website Missouri Insurance Department Return from Missouri Personal Injury Law to all Personal Injury Laws Return from Missouri Personal Injury Law to Personal Injury Claims How Much Is Your Case Worth? Find out NOW! Complete this form for a FREE case review by an experienced attorney... The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter. Click below to read our full User Agreement, Disclaimer and Copyright Information.
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