In the realm of personal injury law, understanding the intricacies of comparative negligence is crucial. Missouri stands apart due to its use of a pure comparative negligence system, which significantly impacts how fault is determined and compensation is awarded in accidents. This system can be both complex and beneficial for those seeking restitution after an injury. This blog will shed light on the aspects of comparative fault in personal injury cases in Missouri. It will also provide valuable insight into the importance of personal injury attorneys in resolving such disputes.
Understanding Comparative Negligence in Missouri
In Missouri, comparative negligence is a legal concept used to determine the extent of damages a plaintiff can receive in a negligence case. This is based on each party’s level of fault. Once you establish that someone else’s actions caused your injury, Missouri courts employ a “comparative fault” system, assigning a percentage of responsibility for the total loss to the party at fault.
Missouri operates under a pure comparative negligence system. This means that even if an injured party is deemed 99% responsible for an accident, they can still seek damages. As long as a party isn’t entirely to blame, they have the right to file a claim and receive compensation proportional to the other party’s fault.
The state follows pure comparative negligence, allowing compensation even if the injured party shares some fault. However, if the injured party holds some responsibility, the damages awarded will be reduced in line with their percentage of fault.
Impact on Personal Injury Claims
Missouri’s pure comparative negligence system significantly affects how personal injury claims unfold. Unlike states where even a small percentage of fault can bar an injured party from seeking compensation, Missouri allows recovery even if the injured individual holds a majority of the responsibility for an accident.
Let’s consider a scenario: in a car accident, if one driver is deemed 80% at fault and the other 20%, the injured party, even if found partially responsible, can still pursue compensation. However, this compensation gets adjusted based on the percentage of fault attributed to each party. For instance, if damages amount to $10,000 and the injured party is considered 20% at fault, they’d receive $8,000 ($10,000 – 20% = $8,000).
This system serves as a lifeline for individuals injured in accidents where the fault isn’t black and white. It recognizes that situations can be complex, and not every accident stems from a single person’s actions. It ensures that those injured are not completely barred from seeking restitution solely because they played a role in the incident.
Moreover, insurance companies often use the comparative negligence rule to minimize payouts. They might try to shift more fault into the injured party to reduce their compensation. An experienced attorney understands these tactics and safeguards their client’s rights, ensuring that the compensation accurately reflects the true extent of their client’s responsibility for the accident.
The Role of a Personal Injury Attorney
A proficient personal injury attorney assumes a pivotal role in guiding individuals through the complexities of Missouri’s comparative negligence system. Their expertise and legal acumen serve as a shield, protecting the rights and interests of those seeking compensation for injuries sustained in accidents.
Legal Expertise: A seasoned attorney comprehends the intricacies of Missouri’s laws concerning comparative negligence. They possess a thorough understanding of how fault is determined and the impact it has on the compensation an injured party can seek.
Strategic Advocacy: These attorneys leverage their expertise to construct a strategic case. They gather evidence, interview witnesses, and collaborate with accident reconstruction specialists to build a compelling argument in favor of their client.
Negotiation Skills: Dealing with insurance companies demands adept negotiation skills. Attorneys adept in personal injury law navigate these negotiations, ensuring that their client’s rights aren’t compromised and advocating for fair compensation.
Protection Against Unfair Tactics: Insurance companies might attempt to minimize payouts by shifting more blame onto the injured party. A proficient attorney shields their client from these tactics, advocating for a fair assessment of fault and just compensation.
Seeking Fair Compensation
Understanding Compensation Calculation: When an injured party seeks compensation, their settlement amount gets adjusted according to their assigned percentage of fault.
Role of Evidence: Gathering evidence becomes crucial in proving the extent of one’s injuries and determining the actual degree of fault. This evidence can include medical records, accident reports, witness statements, and expert opinions.
Insurance Company Negotiations: Dealing with insurance companies demands care. They might attempt to downplay the extent of injuries or shift more blame onto the injured party to reduce payouts. A proper personal injury attorney protects against such tactics and negotiates for a fair assessment of fault.
Missouri’s pure comparative negligence system offers a unique opportunity for injured parties to seek compensation, even if they share some blame for an accident. However, navigating these claims necessitates a comprehensive understanding of the legal framework and skilled advocacy. Consulting with a proficient personal injury attorney becomes invaluable in ensuring a fair resolution and obtaining rightful compensation.
