In certain cases an injured party may be reluctant to file a personal injury lawsuit after an accident or incident where they needed medical care.
They may feel or the evidence might even show that they are partly responsible for the accident. Even so they should still bring all of their medical records and evidence to a Missouri personal injury attorney. In some instances they may be compensated for a percentage of the damages.
Missouri – A Comparative Fault State
Comparative or contributory negligence is the part of an accident that the plaintiff is directly responsible for. It needs to be shown that some degree of negligence on their part helped contribute to their injuries. Laws pertaining to comparative negligence vary from state to state, but luckily for those plaintiffs who reside here in Missouri, we are a pure comparative fault state. Their perceived negligence will not stop them from receiving a portion of compensation even if a jury finds the that the plaintiff is more than 50% at fault. Any amount that the jury awards will be split between the plaintiff and defendant accordingly so that the total apportioned between them is 100%.
As with all personal injury lawsuits, steer clear of any conversation with an insurance claims adjuster. Their primary concern is to save their company money and could possibly use your testimony against you especially when they are trying to prove your negligence in an accident. If approached by one direct him immediately to your Missouri personal injury attorney.
Assigning Negligence
Missouri personal injury lawyers see this type of partial defense often in car accidents where it is difficult to determine which drivers’ negligence contributed more to the accident. Say for instance, where one car was speeding but the other car ran a stop sign. It is then left up to a jury to decide which action was more negligent, and assign awards accordingly. They may feel that the speeding driver was 10% responsible while the driver who ran the stop sign was 90% for not properly checking first for oncoming traffic. If a $1,000,000 award is given, the speeding driver will receive $900,000 and the second driver $100,000.
Take for example the real life case of a Missouri electrician who fell off a platform and suffered multiple fractures. During trial the defense ascertained that the plaintiff should have performed his own inspection of the platform before getting on or that his own employer should have provided a man lift for him. The jury found that the defendant acted negligently by supplying a platform with known defects, but that 30% of the responsibility lay with the electrician. Combined with his wife’s damages the jury awarded the electrician $1,175,000. After the 30% allocation of fault given to him, the court entered a judgment of $822,500.
Contact a Missouri Personal Injury Attorney
Much like in sports, a good Missouri personal injury attorney knows that the best offense is a good defense. Be sure that you present all of the facts to him immediately so that he can be prepared for any partial defense strategy that may come into play. Fill out our online contact form to discuss your case with an attorney today.
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