In Missouri, personal injury claims are governed by a system known as modified comparative fault. Understanding how this rule works is crucial if you have been injured due to someone else’s negligence, as it can significantly impact the compensation you may recover. At NGK Law Firm, we guide clients through these legal nuances to ensure their rights are protected.
What is Modified Comparative Fault?
Missouri follows a pure comparative fault system (also called modified comparative fault in some contexts). This means that if you are partially responsible for your own injury, your financial recovery may be reduced by your percentage of fault. For example, if an accident caused $100,000 in damages and you are found 20% at fault, you would generally receive $80,000.
However, unlike some states with stricter rules, Missouri allows injured parties to recover damages even if they are mostly at fault, though the compensation is adjusted proportionally. This system is designed to balance fairness for both plaintiffs and defendants, but it can make personal injury claims more complex.
How Fault is Determined
Determining fault involves a detailed investigation of the accident, including evidence like police reports, witness statements, and expert testimony. Insurance companies and courts evaluate:
- The actions of all parties involved.
- Whether traffic laws were violated.
- How each person’s behavior contributed to the accident.
An experienced personal injury attorney can help present evidence that limits your share of fault, potentially maximizing your recovery.
Practical Implications for Your Case
The modified comparative fault rule can affect your claim in several ways:
- Reduced Compensation: Your award is reduced based on your percentage of fault. Even minor negligence on your part can decrease your settlement.
- Insurance Negotiations: Insurance companies often try to assign a higher degree of fault to the injured party to reduce payouts. A skilled attorney can challenge these claims effectively.
- Trial Strategy: If your case goes to court, demonstrating how the other party’s negligence was the primary cause of your injuries is critical.
Because of these factors, securing legal representation early can protect your rights and ensure you are not unfairly penalized for comparative fault.
Examples of Comparative Fault in Missouri
Consider these scenarios:
- Passenger in a car accident: If a passenger was partially responsible for not wearing a seatbelt, their damages might be reduced by the percentage attributed to that choice.
- Slip and fall: If a property owner was negligent but you ignored warning signs, your recovery could be proportionally reduced.
Each case is unique, and the comparative fault percentages can dramatically change the outcome.
Why You Need an Experienced Missouri Personal Injury Lawyer
Navigating Missouri’s comparative fault system requires expertise. Attorneys at NGK Law Firm:
- Analyze all evidence to determine fault accurately.
- Negotiate with insurance companies to protect your recovery.
- Advise whether settlement or trial is the best strategy.
- Ensure your claim accounts for all damages, including medical bills, lost wages, and pain and suffering.
With knowledgeable representation, you can focus on healing while we handle the legal complexities of your case.
St. Louis Personal Injury Lawyers
If you’ve been injured in Missouri, the modified comparative fault rule could affect how much compensation you receive — and understanding its impact is essential. NGK Law Firm is here to guide you through the process, protect your rights, and fight for the maximum recovery you deserve. Contact us today for a free consultation.
