St. Louis Personal Injury Lawyer Answers: What Are Your Personal Injury Rights in St. Louis?

12/29/20

Accidents and injuries can happen to anyone at any time. A serious personal injury can turn your life upside down both physically and financially. However, in Missouri, if you are injured because of another person’s negligence, you can claim damages. A knowledgeable St Louis personal injury lawyer can help you recover compensation for your medical costs, disability, income loss, and pain and suffering.

Legal Rights of a Personal Injury Victim in Missouri

Right to Claim Damages

Your most important personal injury right in Missouri is to file a civil lawsuit and claim damages from the at-fault party that caused or contributed to your injuries. You can claim compensation for both economic losses (such as medical bills and lost wages) and non-economic damages (such as pain and suffering and loss of consortium).

However, to win a claim, the burden of proof lies on you to establish that the negligence of the other party directly resulted in your injuries. This is where an experienced St Louis personal injury lawyer can help you establish a successful claim.

Statute of Limitations

According to the personal injury statute of limitations in Missouri, you have five years from the date of injury to file your claim for compensation. This means that even if for some reason you decide later to file a lawsuit, the law still gives you the right to do so as long as you are within the time limit of five years.

However, in an ideal situation, you should contact a personal injury lawyer in St Louis as soon as possible after the injury. This will enable your lawyer to collect evidence while it is still intact, talk to eyewitnesses while they can still recall the incident, and give minimum time to the insurance company and the negligent party to get prepared with their defense.

Right to Partial Damages

Missouri follows the personal injury doctrine of pure comparative negligence. This means that even if you were partially responsible for your own injuries, you can still claim damages from the other party in proportion to their percentage of fault.

Pure comparative negligence law ensures that even if you were 99% at fault for the accident and your injuries, you can still collect 1% damages from the other party. Defendants will try to put some part of the blame on you for the accident in order to reduce their share of liability. A dedicated St Louis personal injury lawyer can establish strong evidence and help to maximize your compensation in these cases.

Right to Strict Liability Compensation

In some cases, it is possible that the other party was reasonably careful and still caused your injuries. In Missouri, you may be able to pursue a personal injury claim under strict liability. For example, if you were injured because of the use of a defective product, you can claim damages from the manufacturer under strict product liability, even if they followed the safety guidelines while making the product.

Talk to an Accomplished Personal Injury Lawyer in St Louis

If you or someone you love has suffered injuries due to another’s fault, our committed and focused St Louis personal injury lawyers at Miller & Hine are here to help. We will thoroughly evaluate and investigate your claim and collect all possible evidence to build a strong case. Our goal is to ensure you receive the rightful compensation that you deserve through a settlement or court verdict. Call us today at (314) 413-2053 to schedule a free consultation or contact us online.