Understanding Missouri’s Comparative Negligence Laws

Like many other states in the U.S., Missouri follows at-fault laws and rules. These regulations are governed by a principle called comparative negligence. All this means is that if an accident happens and both parties are at fault, damages will be reduced by the percentage of fault.

In Missouri, comparative negligence plays a huge role in compensation payout—essentially, who gets what. 

Defining Comparative Negligence 

Comparative negligence is a concept used to determine the percentage of blame for each person involved in an accident. This means that one person will not be blamed entirely. Instead, the system considers how much each involved party contributed to the accident.

It also means that in Missouri, you can receive some compensation even if you are partly responsible for an accident. 

Missouri’s Pure Comparative Fault System

Missouri takes things one step further by following pure comparative fault rules. Even if you are 80% to blame for an accident, you can claim 20% damages from the other involved party. This system differs from what other states use, where you cannot claim anything if you are more than 50% to blame for an accident. 

Pure comparative fault systems aim to ensure everyone involved in an accident shares the responsibility. 

Comparative Negligence in Action

Picture the following scenario: You are driving too fast, and another driver skips a red light, causing a huge accident. When your case goes to court, the judge may decide that you were 40% to blame while the other driver was 60% to blame. 

So, if your medical bills and car repairs come to $100,000, you can recover 60% of that amount from the other driver ($60,000). However, the other driver can also recover 40% compensation from you. For instance, if the other driver’s expenses totaled $100,000, they could recover $40,000 from you.

This picture makes it easy to see how each person’s compensation is tied to their percentage of fault. 

The Role of the Jury

Most personal injury cases do not go to court. However, if your case cannot be settled with the help of your lawyer or via mediation, you can file a court case. In court, either a judge or jury will preside over the case. Many times, a jury decides how much fault each person should bear. 

The jury does this by examining the evidence presented, listening to witnesses, and hearing arguments from both sides. 

The final decision on fault percentage can significantly impact the case outcome. Even a small change in the percentages can make a huge difference in how much compensation you can claim or how much you have to pay. 

Building a strong case is important, whether you are the defendant or the plaintiff. 

Situations Where Comparative Negligence Applies

Many accidents or incidents fall into the scope of comparative negligence. The most common is car accidents. Factors like speeding, distracted driving, or driving under the influence will impact the court’s decision on how much each person is to blame for an accident. 

If you slip and fall in a store because the floor is wet and you are not paying attention, both factors will be considered when determining fault. 

The same goes for medical malpractice. You must follow a doctor’s instructions to prevent further injury or illness, even if you believe the doctor neglected their duty towards you. If you do not follow the instructions, a court might use comparative negligence rules against you. 

This is also true for product liability. If you misuse a product and get hurt, the court will consider that. It will determine how much of the injury is due to the product being defective and how much is due to your actions. 

How Comparative Negligence Affects Settlements 

Suppose you live in Missouri and want to file a personal injury case, knowing how the state’s comparative negligence laws work is crucial. This is always why you should hire a personal injury attorney to help you work towards settling a case before it goes to court. 

Your lawyer can help you determine how much blame you may bear for an accident and how it will affect your case. 

As a plaintiff, you must know how your actions contributed to the accident. This awareness will make it easier to be realistic about what you can claim. If you are a defendant, you must show that the plaintiff is partly to blame for the accident. This can help reduce the amount of damages you must pay. 

Make no mistake; insurance companies are very familiar with comparative negligence laws. They use these laws to argue for incredibly low settlement amounts. This is another reason you should have an experienced lawyer on your side. 

What Happens in Multi-Party Lawsuits? 

Comparative negligence cases are already complicated, and they become even more so when multiple parties are involved. When these cases go to court, the jury or judge must decide how much blame to assign to each party, including the plaintiff. 

For instance, in a three-car pile-up, a judge may decide that Driver A is 20% to blame, Driver B is 50% to blame, and you are 30% to blame. So, if Driver A’s damages are $150,000, they could recover $75,000 from Driver B and $45,000 from you. 

How Comparative Negligence Affects Insurance Claims

The relevant insurance provider will also examine how much blame you share for an accident. If they find you are partially at fault, your payout will be reduced by that percentage (outside of court).

If you want to claim $50,000 but are 30% at fault, your payment will be reduced. This shows that fault directly affects your payout. 

Missouri’s comparative negligence laws have not undergone major changes over the past few years, but this can change at any time. 

Dealing With a Comparative Negligence Case in Missouri

Protecting your rights and interests is important when dealing with a comparative negligence case in Missouri. For this reason, you should get an experienced lawyer to help you.

Your lawyer will explain the relevant rules and laws and negotiate with insurance providers on your behalf. Moreover, your lawyer can take your case to court if you do not settle upfront. 

Hiring a lawyer will ensure you get the best possible outcome after an accident or incident in Missouri.