In Missouri, personal injury and wrongful death claims arise from an injury or death caused by the negligence, recklessness, or intentional misconduct of another party. If you or someone you love has suffered such harm, it is essential to understand your legal rights and the options available to you.
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Statute of Limitations in Missouri
One of the first things to consider in a personal injury or wrongful death claim is the statute of limitations. This is the time limit for filing a lawsuit, and it varies depending on the circumstances of the case.
For personal injury claims, the statute of limitations in Missouri is five years from the date of the injury. If the claim involves a minor, the statute of limitations is extended to two years after the minor turns 18 years old. For wrongful death claims, the statute of limitations is three years from the date of the death.
Comparative Fault in Missouri
Missouri follows a comparative fault system, which means that damages in a personal injury or wrongful death claim will be reduced by the percentage of fault assigned to the plaintiff. For example, if a plaintiff is found to be 20% responsible for their own injuries, the damages awarded will be reduced by 20%.
Damages in Missouri Personal Injury Claims
The damages available in a Missouri personal injury claim may include economic and non-economic damages. Economic damages are those that can be easily quantified, such as medical expenses, lost wages, and property damage. Non-economic damages are those that are harder to quantify, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Wrongful Death Claims in Missouri
If a loved one has been killed due to the negligence, recklessness, or intentional misconduct of another party, a wrongful death claim may be filed. In Missouri, the damages available in a wrongful death claim may include funeral and burial expenses, loss of consortium, and loss of support and companionship.
Who Can File a Wrongful Death Claim in Missouri?
In Missouri, a wrongful death claim may be filed by the personal representative of the deceased person’s estate. The personal representative is typically named in the deceased person’s will, but if there is no will or the personal representative is unable or unwilling to act, the court will appoint one.
Wrongful Death Damages in Missouri
The damages available in a wrongful death claim in Missouri may include both economic and non-economic damages. Economic damages may include funeral and burial expenses, medical expenses, and loss of income. Non-economic damages may include loss of companionship, loss of consortium, and mental anguish.
Hiring a Personal Injury Attorney in Missouri
If you or a loved one has been injured due to the negligence, recklessness, or intentional misconduct of another party, it is essential to seek the advice and guidance of an experienced Missouri personal injury attorney.
A qualified attorney can help you understand your legal rights and the options available to you. They can also help you navigate the complex legal process and negotiate a fair settlement or represent you in court.
Conclusion
Personal injury and wrongful death claims can be complex and emotionally challenging. With the help of an experienced Missouri personal injury attorney, you can rest assured that your legal rights and interests will be protected, and you will have the best chance of obtaining fair and just compensation for your injuries and losses.