Missouri allows comparative fault principles to be applied and will not penalize the plaintiff of a personal injury claim if he is found to be more than half to blame.
The state of Missouri allows comparative fault principles to be applied in its civil trial proceedings, and will not penalize the plaintiff of a personal injury claim if the jury finds him to be more than half to blame. Other states will null the award if the jury finds that the plaintiff had any percentage of fault in the accident. What that means for you is that if you are involved in an accident in Missouri you still have the right to seek and obtain compensation, even if you are partially liable. If you are unsure if this applies to a recent accident you were involved in, seek the advice of a qualified Missouri personal injury attorney.
Comparative Fault in Personal Injury Cases
Many people are reluctant to seek compensation after an injury because they know that they are partially to blame. For example, in a car accident, you may have been hit by a driver who ran a stop sign, but you didn’t have your headlights on. In these types of situations the jury will hear both sides of the case and then decide what percentage of the accident was your fault. When the award is determined, that percentage will go to the defendant. If, in this example, the jury thinks that 25% of the accident was caused by your failure to use headlights and awards $100,000, you will receive $75,000 and the defendant $25,000. Even if the jury were to decide the other way, you would still be allowed 25% of the award.
Real Life Example
In a real life situation, comparative negligence was applied in a wrongful death suit that took place in Missouri. The plaintiff lost her husband in a farming accident that did not qualify for workers’ compensation benefits due to its small size. The facts of the case revealed that the owner of the farm did not supply the worker with the proper equipment needed to perform his job, but also showed how the worker went against his advice and tried an alternate way to get the job done. Trying this cost him his life. It is obvious to see where both parties were partially responsible for the accident. The farm owner was responsible for not having the right tools for the job, while the worker was responsible for not following instructions. Since both parties were able to agree that comparative negligence was definitely a factor, they agreed on a $750,000 settlement for the widow.
Speak with a Personal Injury Attorney
Your Missouri personal injury attorney will tell you that comparative negligence is one of the main reasons why you should never speak with an insurance adjustor before speaking with an attorney. An insurance adjustor will try and convince you that your part in the accident means that you are not entitled to compensation. This is not necessarily the case, as the previous example demonstrates.
If you have recently been injured in an accident you should speak with a Missouri personal injury attorney regardless of the circumstances. They will be able to look over the details of your case and give you a better idea if you are entitled to compensation despite your role in the accident.
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