Published on June 23rd, 2015 | by Personal Rights0
3 Ways Missouri Personal Injury Laws Are Unique
Although the U.S. constitution provides certain rights and protections to the citizens of the Greatest Country Ever, every state has its own unique legal system for residents to grapple with too. If you’re looking for a personal injury lawyer in Missouri, then you’ll need to work within the limits of the state courts.
For instance, many states allow dog owners to avoid liability the first time their pet bites someone. But in Missouri, dog owners are on the hook for “strict liability” even the first time they’re dog lashes out. So what are the key elements of Missouri’s personal injury laws that residents need to know about before they file a claim? And how long do you have to file personal injury claims?
Missouri Personal Injury Statute of Limitations
A statute of limitations is the length of time someone can be held responsible for a legal issue. Criminal laws often include statute of limitations, and personal injury laws do as well.
Fortunately, injured Missouri residents have five long years to file a claim in court following an injury or wrongful death. Any longer than that, and the court will likely toss out your claim. Still, if you plan on filing a claim or hiring personal injury lawyers, you need to strike a delicate balance. You don’t want to wait too long as witness’ memories slowly fade, but you also don’t want to rush and file a claim before all the facts are gathered.
Pro Tip From Personal Injury Lawyers: The rules are different if you plan on filing a claim against the government! You must file claims against Missouri municipalities within 90 days of the incident.
Are There Limits On Personal Injury Settlements In Missouri? Injury Damages Caps
Unlike many other states, Missouri does not have any caps on personal injury damages. In fact, the Missouri Supreme Court struck down a cap on medical malpractice damages in 2012.
What’s Shared Fault? The Comparative Fault Rule…
In Missouri, multiple parties can be judged to share liability for an accident or death. That means that if a driver is only found to be 30% responsible for your car accident, then they will only be forced to pay 30% of the personal injury damages. Even the person filing the claim can be found to share some of the responsibility, which personal injury lawyers say will influence your settlement.
If you have any more questions about the peculiarities of Missouri laws, consult personal injury lawyers for information relevant to your case.