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When someone is killed as the result of negligence, carelessness, or an intentional wrongful act in Missouri, there are two types of lawsuits that can be brought against the liable party. Those include a survival action and a wrongful death lawsuit.
After an accident is reported, the insurance companies involved will begin their investigation. They will take statements from drivers, passengers, and witnesses and look at photographs of the scene, if available, and the damage caused. One helpful piece of evidence is the location of the damage on your car, which can yield important clues about who is to blame.
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.
A pre-existing injury can potentially affect your personal injury claim, but it depends on the specifics of your situation. In any personal injury case, the at-fault party is responsible for making the injured party whole or as close as possible to the way they were before the accident.
Negotiations to settle a personal injury claim typically begin with a demand letter. It is the initial contact a claimant makes with an alleged at-fault party in an attempt to resolve the case before filing a lawsuit.
Gross negligence is a legal concept that describes an extreme lack of care or recklessness shown by one party that results in harm. In other words, the grossly negligent party demonstrated a clear disregard for the health and safety of others.