Missouri law allows for the full-range of personal injury lawsuits, but the state makes important distinctions between different types. One of the major differences in types of personal injury lawsuits is the statute of limitations. Missouri is a state where the statute of limitations varies for different types of cases. However, this is not the only difference between personal injury cases in Missouri.
No matter which type of personal injury you may have, no decisions should be made on whether to proceed or not to proceed without having first consulted an experienced attorney in good standing. An attorney will be able to help you identify if you have a case and what kind of compensation, if any, you are entitled to under the law of the state of Missouri.
Each type of personal injury case requires that substantial damages of some sort have been incurred. These damages can be physical, emotional, or even monetary. In the case of non-material or non-economic damages, such as pain and suffering, Missouri places a cap of $350,000. This cap is enforced in all cases, large and small.
Another factor in common with personal injury cases in Missouri is the standard of comparative fault. Comparative fault allows for damages to be collected from a liable party even when the plaintiff is up to 99 percent responsible for the injury. The total damages, however, are reduced by the same percentage of fault. So, a plaintiff 90 percent at-fault, will receive only 10 percent of the total damages.
Medical Malpractice
Medical malpractice can be claimed in Missouri only up to two years after the date of occurrence. However, the law allows for a two-year discovery period in the case of medical malpractice involving foreign objects. In cases of medical malpractice against infants, the statute of limitations does not begin until their 18th birthday.
Medical malpractice suits differ from other types of personal injury in that the defendant is held to an accepted standard of care. As long as this standard of care has been met, malpractice cannot be claimed in the result of an injury during treatment for while in the care of a medical facility. Types of medical malpractice include the following: prescription errors, birth injuries, misdiagnosis, errors in treatment, failure to treat, and gross negligence.
Wrongful Death
Wrongful death is any death caused by negligence. Wrongful death can occur as the result of medical malpractice, motor vehicle accidents, work-related accidents, or in any other case where death results due to the negligence of another person or entity. Wrongful death lawsuits differ from other types of personal injury lawsuits in that they are governed by Missouri Statute. Other types of personal injury lawsuits are premised on the common law duty to act in a reasonable manner.
Another difference in wrongful death lawsuits is that they obviously cannot be filed by the injured party. Only spouses, children and parents of the victim may file such a lawsuit. Unlike some states, Missouri law does not allow for grief and bereavement of family members to be figured into the amount of damages awarded. In addition, once the damages are figured, the court must apportion damages to surviving family members.
The statute of limitations on wrongful death lawsuits in Missouri is three years. However, an accrual rule is in effect so that the statute of limitations does not begin until the date of death.
Others
Several other types of personal injury exist in Missouri. These types include slips and falls, dog bites, caretaker abuse, workers compensation and motor vehicle accidents. In all of these types of injuries, negligence or intent to injure the plaintiff must be determined. After determining an injury was caused by such, it becomes necessary to calculate the total damages. The statute of limitations for all such cases in Missouri is five years. The discovery rule is also in effect, which allows for a reasonable time to discover an injury has occurred.The law is very complex.
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