Personal injury claims are made for a number of reasons. If a person is injured in a car accident or a slip and fall due to the negligence of another party,they can file a claim for compensation from the at-fault party. Laws vary from state to state,and that is why it’s important to seek the help of a localpersonal injury lawyer when you are making a personal injury claim. Vary state laws govern the outcome of injury claims,especially regarding the statute of limitations and negligence.
Statute of Limitations for Missouri Personal Injury Claims
A statute of limitations refers to the timeframe in which a person can file a claim or lawsuit against another party. While some states have statutes of limitations for one or two years,Missouri’s is five years. Most often,that timeframe is calculated from the time of the accident,but in cases where the injury is not immediately discovered,the timeframe starts from the day the injury was discovered: discovery day. If you miss the timeframe on filing your civil complaint within five years,the court will likely refuse to even hear your case.
Missouri’s Pure Comparative Fault
As negligence is the most important determining factor in claims and lawsuits,the state laws that determine how to assign blame are very important in personal injury claims. In Missouri,the pure comparative fault doctrine governs these rulings. Pure comparative fault applies to cases where the injured party is partially responsible for the accident. Under pure comparative fault,the injured party’s compensation amount is relevant to their percentage of negligence. The higher the percentage,the lower the compensation amount; the lower the percentage,the higher the compensation amount.
The most important aspect of filing a personal injury claim is ensuring that you are familiar with the laws regarding personal injury claims that govern the state in which the accident took place.