In a personal injury case, you might not know who to blame. Fault determines who is legally liable for an accident and impacts your ability to collect compensation.
Missouri laws are complicated, but an experienced attorney can fight for the compensation you deserve.
The best personal injury attorneys in Missouri can assist you if you’re hurt in an accident. They deal with the complications involved in a compensation claim and make sure your rights are protected.
The sections below list 5 questions related to fault in personal injury and their answers, as said by an experienced personal injury attorney.
1.What is Fault in Personal Injury Law?
Fault is a legal responsibility when someone is injured. In Missouri, like in other states, determining fault is essential to a personal injury claim. The responsible person or entity may be liable for medical bills, pain and suffering, lost wages, etc.
Fault is usually attributed to negligence. Negligence occurs when somebody fails to take adequate care, and that failure of care results in an accident or injury.
For example, someone who texts while driving and causes a car accident may be liable because they were negligent.
2.What is the Comparative Negligence Rule in Missouri?
Missouri has a “comparative negligence” system. This means you can get compensation even if you’re partly at fault for an accident. But your percentage of fault will reduce the amount of compensation you will receive.
For example, if you were 20% at fault for an accident and your damage was $10,000, you would get $8,000 (80% of the damages).
3.How is Fault Proven in Missouri?
Proving fault usually requires evidence. This evidence typically includes police reports, medical records, witness statements, and expert testimony. Photos or videos of the accident scene can also be helpful.
Your lawyer will use the evidence to build your case. They’ll show how the other party caused the accident and how the injury affected your life. The more evidence you have, the better your chances of proving fault and receiving fair compensation.
4.What If More Parties Are Involved?
Accidents in Missouri can involve more than one party, such as multi-car pileups or medical errors involving a team of healthcare professionals. In such cases, Missouri law lets you bring claims against more than one individual.
The amount of fault on both sides will be determined and compensation shared accordingly. This could make the process more complex, but a seasoned lawyer can help to deal with these situations and hold all those responsible accountable for their actions.
5.Why You Should Hire a Personal Injury Lawyer to Determine?
Selecting a knowledgeable attorney may make a big difference in your case. They know the state’s specific legal requirements and can assist with paperwork and negotiations. A lawyer will fight for your rights and provide assistance in determining all the liable parties involved.
Final Thoughts
Understanding fault is vital, but it can be quite complicated. This is why it is recommended to work with an experienced lawyer. With a dedicated attorney, you can heal while they handle the legal stuff. A legal professional plays an important role in the fight for fair compensation.