Missouri Personal Injury Laws: What You Need to Know

Michael Foster

Missouri personal injury laws give injured people the right to seek compensation when someone else’s negligence causes harm. Many Missouri personal injury lawsuits have a five-year filing deadline under Missouri Revised Statutes § 516.120, although shorter deadlines apply to certain claims.

At Foster Wallace Personal Injury Lawyers, we handle personal injury cases throughout Kansas City and Missouri. We help clients understand how state law affects fault, filing deadlines, damages, and their options for pursuing a claim.

What Are Missouri’s Personal Injury Laws?

Personal injury laws allow injured people to pursue compensation from those responsible for causing their harm. These are civil claims and do not require criminal charges.

Missouri also follows pure comparative fault, meaning your compensation can reduced directly by your share responsibility for the accident.

What Types of Cases Fall Under Missouri Personal Injury Law?

Common personal injury claims include:

• Car accidents: Negligent drivers may be liable for injuries they cause. A Kansas City car accident lawyer can help establish fault.
• Truck accidents: Drivers, trucking companies, and other parties may share liability.
• Slip and falls: Property owners may be liable for dangerous conditions.
• Dog bites: Missouri law can hold owners liable for qualifying dog bite claims.
• Motorcycle accidents: Negligent motorists may be liable for an injured rider’s losses.
• Wrongful death: Certain family members may pursue a claim when negligence causes a death.

What Does “Negligence” Mean in a Missouri Personal Injury Case?

To establish negligence, you generally must show that someone owed you a duty of care, breached that duty, caused your injury, and left you with damages.

For example, a driver who runs a red light on Ward Parkway and causes a crash may have breached their duty to drive safely.

Missouri’s Personal Injury Laws: Statute of Limitations

Many Missouri personal injury lawsuits must be filed within five years under Missouri Revised Statutes § 516.120. The statute of limitations is the deadline for filing a lawsuit. Some claims have different deadlines.

Exceptions That Can Change the 5-Year Deadline

Certain circumstances can affect your deadline:

1. Minor plaintiffs: Missouri law can extend certain deadlines when the injured person is under age 21.
2. When an injury becomes ascertainable: When a claim legally accrues can depend on when the resulting damage becomes capable of ascertainment.
3. Government defendants: Claims involving government entities may have special requirements and shorter deadlines.

Because these rules depend on the facts of your case, an attorney should determine your specific filing deadline.

Why Missing the Deadline Destroys Your Case

If the statute of limitations expires, the defendant can ask the court to dismiss your lawsuit. You may lose your ability to recover compensation even if you otherwise have a valid claim.

If you are concerned about a deadline, speak with a Kansas City personal injury attorney as soon as possible.

Missouri’s Comparative Fault Rule: How It Affects Your Compensation

Missouri follows pure comparative fault, so sharing blame does not automatically prevent you from recovering compensation. Instead, your recovery decreases by your percentage of fault.

For example, if you have $100,000 in damages but are 30% at fault, you could recover $70,000. This differs from contributory negligence states, where any fault can prevent recovery.

How Insurance Companies Use Comparative Fault Against You

Insurance companies may try to assign you more fault to reduce what they pay. An attorney can challenge these arguments using crash reports, witness statements, video footage, and other evidence in car accident claims.

Multi-Party Fault: What Happens When Several Defendants Share Blame?

More than one party can share fault for an injury. For example, a truck driver, trucking company, and maintenance contractor may all share responsibility for a crash.

Under Missouri law, a defendant who is 51% or more at fault can be jointly responsible for the judgment against the defendants. A defendant who is less than 51% at fault generally pays only their assigned share, with limited exceptions, such as certain employer-employee relationships.

What Damages Can You Recover Under Missouri Personal Injury Law?

Missouri personal injury claims may include economic, non-economic, and, in limited cases, punitive damages. The damages available depend on your injuries, losses, and the defendant’s conduct.

Economic Damages (What You Can Prove with Bills and Records)

Economic damages cover measurable financial losses, including medical bills, future treatment, lost wages, reduced earning capacity, property damage, rehabilitation, and in-home care.

Non-Economic Damages (Pain, Suffering, and Quality of Life)

Non-economic damages compensate for losses without a fixed dollar value. These can include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Missouri’s non-economic damage limits under § 538.210 apply to claims arising from the rendering or failure to render health care services, not standard personal injury claims.

Punitive Damages: When They Apply in Missouri

Punitive damages may apply when clear and convincing evidence shows intentional harm or deliberate and flagrant disregard for others’ safety. For example, exceptionally dangerous conduct by an impaired driver could support a punitive damages claim.

Missouri § 510.265 generally caps punitive damages at the greater of $500,000 or five times the net judgment against the defendant. However, statutory exceptions and constitutional limitations can affect whether the cap applies.

How Kansas City Personal Injury Cases Work in Practice

Missouri law generally governs injuries that occur on the Missouri side of Kansas City, with many local lawsuits filed in Jackson County Circuit Court. Federal court may apply in certain cases.

Kansas City personal injury laws can change across the state line. Kansas uses modified comparative fault, which generally prevents recovery when an injured person is 50% or more at fault.

The Typical Timeline of a Missouri Personal Injury Claim

A typical claim may involve:

1. Getting medical care and documenting injuries
2. Hiring a personal injury attorney
3. Investigating the accident and submitting a demand
4. Negotiating with the insurer
5. Filing a lawsuit if necessary
6. Discovery, mediation, settlement, or trial

After a crash, review these Missouri accident reporting requirements.

Common Personal Injury Scenarios in Kansas City

• I-70 accident: Multiple drivers or companies may share fault in a serious crash.
• Country Club Plaza fall: A property owner’s knowledge of a dangerous condition can affect liability.
• Waldo or Brookside dog bite: Missouri law can hold an owner liable even if the dog had not previously bitten someone.