When you begin the process of filing a personal injury claim after an accident, proving who was at fault in the accident will be one of your top priorities for a case in Missouri. A personal injury attorney can help you investigate the accident and determine who was liable following the rule of comparative negligence in Missouri.
Understanding Comparative Negligence
Determining who should be held liable for an accident can get tricky, especially when more than 1 party is partly at fault. This is a crucial part of an injury claim because the compensation you're entitled to will be reduced by your degree of fault in the accident.
Each state follows some variation of negligence rules when divvying up the blame and the compensation:
- Contributory Negligence - under this rule, if you are even partly to blame for the accident, you will be unable to receive any compensation whatsoever; currently only 5 states still adhere to this rule.
- Pure Comparative Negligence - states that follow the pure comparative negligence rule, including Missouri, allow accident victims to pursue compensation even if they were up to 99% at fault in the accident.
- Modified Comparative Negligence - some states follow a variation of the comparative negligence rule, allowing the injured party to recover compensation as long as they were less than 49% or 50% at fault.
Proving Fault after an Accident
Because you'll be adhering to the rule of pure comparative negligence in Missouri, you'll need to demonstrate that the other party was at least partly responsible for the accident that caused your injuries.
With some accidents, it's obvious who was at fault in the accident, but that's not always the case. Sometimes, it can be difficult to prove who was more careless in the accident and how the blame should be apportioned.
If your accident occurred in Missouri, a personal injury attorney should be contacted to look over all the accident details, collect evidence, and try to reduce your degree of fault so that you'll be eligible for a greater settlement package.
If a person acted negligently or irresponsibly and caused your accident in Missouri, a personal injury attorney can help demonstrate to the insurance company or courts that they should be held liable for the accident. Even if you were partly at fault for the accident, because of comparative negligence in Missouri, you can still recover damages.
Demonstrating Legal Liability
In order to prove that the other party is legally liable, you'll have to show that:
- the other party owed you a legal duty of care;
- they breached their duty; and
- their irresponsible actions are what caused your injuries.
This is no easy task when filing a personal injury claim. Instead of risking your rights to compensation, it's better to enlist the help of a Missouri personal injury attorney to investigate the accident and see if the other party did, in fact, act negligently.
Your lawyer may find that the other party was involved in irresponsible behaviors that may have attributed to your accident, such as:
- using a cell phone;
- speeding;
- aggressive driving; or
- other distracted driving behaviors.
Using an Attorney to Prove Your Case
After the insurance company or courts have assigned you with a percentage of fault, your compensation will be reduced by your portion of fault. For example, if you were found to be 30% at fault for the accident totaling $100,000 in damages, your total compensation will be reduced to $70,000.
An attorney can help your case by:
- looking into the causes of the accident;
- making sure you adhere to the statute of limitations;
- explaining the legal process and applicable laws;
- reducing your level of blame; and
- helping you navigate the claims process.
With a legal advisor on your side, you increase your chances of a better settlement.
Contact a Missouri Personal Injury Attorney
When an injury has a profound impact on your life, you may choose to seek compensation through a Missouri personal injury claim. With a Missouri personal injury attorney on your side, you can feel confident knowing your case is in good hands, while you focus on your recovery and getting your life back on track. To get started with determining whether you have a viable case, Contact our team - 314-315-8111.
