Personal Injury Category

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.

What is Included in a Demand Letter?

Personal injury protection (PIP) is not required in Missouri, but opting for this kind of insurance is highly advisable. Instead of PIP, Missouri insurance companies refer to this type of coverage as medical payments insurance, or “MedPay.” MedPay coverage can pay for medical treatment after an accident and helps minimize out-of-pocket payments.

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.

Comparative Fault

Missouri follows a “pure comparative fault” system.