If you were injured in an accident in Missouri due to someone else’s actions, you may be eligible for compensation through a personal injury claim. Yet many individuals hesitate to file such claims because they believe partial fault negates their chances of receiving financial damages. Fortunately, Missouri operates under a comparative fault system, allowing you to pursue compensation even if you share some responsibility for the incident.
What Is Comparative Fault Law?
Missouri follows a pure comparative negligence system, which allows individuals to seek compensation for damages incurred in an accident, even if they are found to be partially responsible for the incident. In this system, the compensation amount awarded is adjusted based on the percentage of fault assigned to each party involved.
For example, if a driver is found to be 30% at fault for an accident, their total compensation will be decreased by that same percentage. This approach ensures that all parties are held accountable for their share of responsibility while still enabling the recovery of damages, promoting a fairer resolution for those affected by accidents.
Do You Always Recover Under Comparative Fault Law?
Comparative fault law ensures that individuals can seek compensation for damages, even if they share some degree of responsibility for the incident. It operates under the principle of pure comparative fault, which means that a claimant can potentially recover damages—even if they are found to be 99 percent at fault.
How Do You Prove Fault?
Negligence is a fundamental legal concept that arises when an individual or entity fails to exercise the level of care that a reasonably prudent person would typically demonstrate in similar situations. To establish a case of negligence, plaintiffs must successfully prove four critical elements:
Duty of Care
The duty of care element involves showing that the defendant had a legal duty to care for the plaintiff. This means that the defendant has an obligation to act according to a certain standard of conduct and ensure that others are not exposed to foreseeable harm.
Breach of Duty
The second element is about showing that the defendant did not quite meet their duty of care. A breach happens when the defendant’s actions fall short of the expected level of care in that specific situation.
Causation
The third element focuses on establishing a direct link between the breach of duty and the plaintiff’s injury or harm.
Damages
Finally, the plaintiff needs to show that they experienced real damages because of the defendant’s actions. These damages can come in many shapes and sizes, such as physical injuries (like broken bones), emotional distress (which might include anxiety or depression after an accident), financial hardships (including medical bills and lost wages), or even property damage (such as the costs to repair a damaged vehicle).
In Missouri, courts may hold defendants responsible for compensating plaintiffs for their losses when a case satisfies all four elements needed to establish negligence—duty, breach, causation, and damages. However, as mentioned above, this decision is made using the pure comparative negligence standard, which helps distribute fault among everyone involved.
How Does the Insurance Company Use Comparative Fault To Their Advantage
Insurance companies often use the comparative negligence rule to reduce their financial payouts in personal injury claims. For example, insurers might try to shift a more significant portion of the blame onto the injured party, arguing that their actions contributed to the incident, which decreases the insurer’s financial liability.
Given the challenges posed by these situations, it may be wise to reach out to a skilled personal injury attorney who can effectively navigate these complexities. These legal professionals possess a deep understanding of the tactics used by insurance companies and can safeguard your rights throughout the claims process.
Contact Wegmann Law Firm Today
If you suffered harm in a personal injury accident in Missouri and want to learn more about your legal options or the remedies available to you, contact Wegmann Law Firm today. Our skilled personal injury attorneys can review your case and determine the legal steps you should take next.
