If you are injured in a personal injury accident in Missouri, you may be surprised to learn that the state’s damage caps could limit your compensation. Legislators set caps on compensation, usually on a state-by-state basis, to avoid excessive verdicts that are based on emotion rather than reason.
Missouri is a fault state for auto accident claims, which means the driver responsible for causing an accident must pay for damages. Under the state’s “pure comparative fault” system, multiple parties can be at fault, and their degree of liability determines how claims are settled.
If an employee’s negligence causes you harm, you sometimes have two options for obtaining compensation. You can file a personal injury lawsuit against the employee for their actions, or under the legal principle called “respondeat superior,” you can sue their employer.
The serious nature of personal injury accidents often entitles victims to substantial compensation. Because of the high stakes, lawyers for insurance companies usually fight these claims tooth and nail, relying on the following common defenses to do so.
Missouri follows a “pure comparative fault” system.
If you have been injured in a preventable accident caused by another person or company’s negligence, the law allows you to recover compensation from the responsible parties. However, before that happens, you need to prove liability—which is where evidence comes in.
After a multi-vehicle crash, it can be challenging to figure out who is at fault or responsible for damages. Typically, more than one party will be liable, but significant factors will determine how fault is assigned.
The driver of the last vehicle is generally considered at fault for causing a multi-vehicle crash.