Missouri Injury Law Blog

How Missouri’s pure comparative negligence laws protect those injured in an accident

Posted by on 1:12 am in Injury Law Basics | 0 comments

How Missouri’s pure comparative negligence laws protect those injured in an accident

This is the second post in the series “Understanding Personal Injury Laws in Missouri”. My last post provided an overview of topics I will address in regards to Missouri personal injury law. This post will focus on Pure Comparative Negligence, specifically what it is and how you as a Missouri resident can benefit from it. What is Pure Comparative Negligence? Pure comparative negligence, sometimes referred to as pure comparative fault, is a legal doctrine which determines how fault should be apportioned in a personal injury case, and ultimately how compensation for damages are determined. In layperson terms, this means that a judge, jury, arbitrator or attorney who is attempting to settle a case will assign a percentage of fault for causing the accident to both the plaintiff and defendant. If the plaintiff is less than 100% at fault for causing the accident he can receive compensation for his damages. However, the plaintiff’s damages will be offset by the percentage of his fault. Here is an example of how this doctrine is applied in Missouri. Let’s assume Bob and Sally get into an automobile accident and Sally is injured. Sally has suffered $100,000 in damages and after reviewing the evidence it is determined Sally was 0% at fault and Bob was 100% at fault. Sally would receive $100,000 for her damages. Now lets assume the same facts except Sally was found to be 10% at fault and Bob was 90% at fault. Sally’s recovery would be offset by her percentage of fault (10%) and she would receive $90,000 for her damages. Lastly, lets assume the same facts except Sally was found to be 99% at fault and Bob was 1% at fault. Sally’s recovery would be offset by her percentage of fault (99%) and she would receive $1,000 for her injuries. So, as long as Sally is found to be less than 100% at fault for causing the accident she can recover something for her damages. Missouri residents benefit from the Pure Comparative Negligence Doctrine Missouri residents benefit from the pure comparative negligence doctrine because the resident can still recover a portion of his damages, even if he was partially to blame for causing the accident. Under the traditional doctrine for determining fault, a person who was even 1% at fault for causing the accident was completely barred from recovering anything. Years later that doctrine was relaxed and people who were partially at fault for causing an accident could recover as long as they were less than 50% at fault. Determining percentage of fault in an accident is not an exact science and it is usually argued based upon the facts of the case. As such, having a fault doctrine which allows for recovering your damages, even if partially at fault, clearly benefits Missouri residents. Are there other personal injury issues you find confusing? Please feel free to reply in the comment box below to suggest a topic for this series. All feedback is welcome and appreciated. If you require the services of a Springfield auto accident lawyer then contact my office...

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Understanding Personal Injury Law In Missouri

Posted by on 10:57 pm in Injury Law Basics | 0 comments

Understanding Personal Injury Law In Missouri

This is the first post in what will be a series regarding “Understanding Personal Injury Laws in Missouri”. I am writing this series in order to help people who have been injured in an automobile accident to better understand some of our state’s personal injury laws which could affect their case. Personal injury laws in Missouri can be very difficult to navigate, even for attorneys, and trying to do so after being involved in an accident only adds to your stress and anxiety. After working for over a decade in the insurance defense industry and then as a solo practitioner, I have identified several areas of personal injury law that seem to cause the most confusion. This blog series will clarify those laws and should help you better understand a your personal injury claim. This series will cover topics such as: Pure comparative negligence and how you can still recover for your damages even if you were 99% at fault for the accident Missouri’s five year statute of limitations for personal injury and how it better protects residents than the statute of limitations in other states R.S. Mo. Section 303.390.1 often referred to as Missouri’s “no pay, no play statute” Why Missouri’s more favorable personal injury laws promote and protect fairness As the series progresses I will add other topics of interest from reader responses. I will also update the blog should laws change or important cases are decided which might change the interpretation of existing laws, so check in periodically to make sure your knowledge on personal injury laws is up to date. Are there other personal injury issues you find confusing? Please feel free to reply in the comment box below to suggest a topic for this series. All feedback is welcome and appreciated. If you have been injured in an auto accident then feel free to contact me...

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Welcome To My Blog

Posted by on 1:46 am in General | 0 comments

Welcome to the Missouri Personal Injury Law Blog of Springfield attorney Tom Kapstrom. I will be using this blog to discuss news, developments, and useful information that relates to personal injury law in our state. If there is a particular topic you wish to see discussed on this blog then please do not hesitate to contact me.

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