UNDERSTANDING SHARED FAULT IN PERSONAL INJURY IN JEFFERSON CITY, MISSOURI
Oct. 16, 2014
Personal injury cases are traumatic in many ways – physically, certainly, but also emotionally and even financially. Claiming damages is one way to gain compensation for at least the financial aspect of an injury – lost wages or damage to a vehicle or other property. However, what many people dealing with a personal injury in Jefferson City, Missouri don’t realize is that under Missouri law, personal injury is not an “all or nothing” proposition where only one person involved in an accident or incident is considered at fault.
Pure Rule of Personal Injury
Missouri follows a “pure” comparative fault guideline, which means both participants in an accident are eligible to be considered at fault (with a simple percentage of fault being applied).
A simple example would be a car accident in which one person suffers $10,000 worth of medical bills. However, in the investigation made into the accident, they are found to have been 10% at fault for the accident because they failed to signal before making a turn. Their damages are thusly reduced by 10%, or $1,000, and they are only allowed to collect $9,000 from the other driver.
It’s important to note that there is no limit to the percentage; the driver could be assigned 99% of the blame, yet be eligible to collect 1% of the damages.
Even with this comparative fault rule, Missouri has no legal cap in place to limit the financial award that can be given to anyone who has a personal injury claim in Missouri.
When you share the fault in an accident, no matter how mild or complex the situation, a competent and experienced attorney is your best move to protect your rights – or ensure proper compensation for your trouble.
Filed Under: Personal Injury