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Methods of transportation that are utilized by the public, such as a bus, passenger train, taxi, cruise ship, subway, etc., are considered “common carriers.” Common carriers are regulated by state and federal laws and are expected to exercise a high degree of caution when it comes to the safety of passengers.
Once you reach a settlement with an insurance company after a car accident, the adjuster will require you to sign a release of liability before they will send a check. This form releases the company and their policyholder from further liability related to your accident and prevents you from taking legal action at a later time.
Before a party can be held legally liable for an injury or accident, the court must decide whether a “reasonable person” would have behaved similarly under the same circumstances. If the party failed to act with the degree of care that a reasonable person would have, their negligence would make them responsible for any resulting damages.
In every criminal and civil case in Missouri, both the burden of proof and evidentiary standards are applied to the legal proceedings. These rules stipulate which party is responsible for proving fault and to what extent they must justify their claim.
Every state places a time limit known as the “statute of limitations” to encourage victims to file a car accident lawsuit within a reasonable length of time. In Missouri, you have five years to pursue a claim for compensation.
Under Missouri Revised Statutes § 516.120, the five-year period begins on the date the accident occurred.
When pursuing a personal injury lawsuit, the discovery process is a phase that involves both parties exchanging the information they have regarding the case, including evidence and witnesses.
Several methods of discovery are used to find out what the other side will be presenting at trial.