When you get hurt because of the negligence of another person, you have the right to pursue a personal injury lawsuit against them. The damage that has been done to you, both physically and emotionally, can have numerous consequences, one of which may be financial hardship.
The attorneys at Rosenfeld Injury Lawyers, LLC believe that victims and their families deserve compensation for their suffering at the hands of others. Our firm will fight for your rights while you recover so the damages you have suffered can be overcome.
Who Can File a Personal Injury Claim in Missouri?
Personal injury is any harm done to a person’s body. It could be the result of blunt force, an infection, contact with toxic chemicals, or even an illness. What makes it a potential claim for a lawsuit is if another party is at fault. Either through negligence, carelessness, or even recklessness, it is their actions that caused your medical issue.
Here’s who can file a claim in accordance with the personal injury law in Missouri:
- The victim
- The parent/guardian of an injured minor
- The spouse or parent of a deceased person
- The child of a deceased parent
What Is the Basis of Personal Injury Claims?
The majority of personal injury lawsuits are based on the following three scenarios:
- Negligence – The defendant failed to behave in a manner that ordinary prudence would dictate to be appropriate within the circumstances
- Strict liability – The defendant committed an action that resulted in an injury no matter what their state of mind was
- Intentional harm – The defendant intentionally inflicted harm on the victim either physically or emotionally
Missouri is a comparative fault state, where the plaintiff and defendant can both be found somewhat responsible and the settlement amount will reflect that proportionally.
Cases That Our Missouri Personal Injury Lawyers Handle
The personal injury attorneys at our law firm have handled a wide variety of personal injury lawsuits over the years.
Car Accidents
In 2022, there were 90,713 car crashes in the state of Missouri, of which 26.5% resulted in personal injuries [1]. Many of the victims in these incidents sought the help of a Missouri car accident lawyer when the financial burden of the damages became overwhelming.
Motorcycle Accidents
Based on cases handled by Missouri motorcycle accident lawyers, motorcycle riders are in a more perilous situation on the road due to the lack of protection and their small size, as well as others not understanding traffic law. As many as 76% of motorcycle accidents recorded in Missouri in 2022 resulted in injuries [2].
Truck Accidents
The number of fatalities involving commercial motor vehicles in 2022 was 162 in this state [3]. A truck accident can be incredibly dangerous and caused by distracted drivers, poor road conditions, and even improper truck maintenance, as some of the most common cases handled by Missouri truck accident attorneys.
Nursing Home Abuse
A huge portion of the elderly population in Missouri lives in nursing homes across the state. Unfortunately, with rampant understaffing and a flawed inspection process, abuse and neglect are common, especially since a quarter of nursing homes in the state haven’t been inspected in years [4].
Victims and their families should report nursing home abuse and hire a Missouri nursing home abuse lawyer to pursue claims against the facilities to seek justice for the wrongs do
Medical Malpractice
When workers in the healthcare space make mistakes or behave negligently, their patients can suffer the consequences. In 2022, the number of defendants with open claims in Missouri was 3,608 [5].
Premises Liability
Property owners have a responsibility to keep people safe on the premises. Premises liability can occur because of someone slipping on a frozen sidewalk, tripping on a temporary hazard, and similar cases. 45.1% of Missouri homes have a dog [6], and you could even pursue a lawsuit if a dog bites you on someone else’s property if you have reason to be there.
Birth Injury
Birth injuries can occur to both infants and mothers, resulting in side effects like cerebral palsy, brain injury, skull fractures, low oxygen levels, vaginal tearing, or pelvic damage. If the healthcare workers are responsible for the serious injury to the mother or child, they can be held liable in a personal injury lawsuit.
The maternal mortality rate in Missouri is 25.7 per 100,000 births, higher than the 23.5 national average [7].
Product Liability
Defective products can lead to injuries even if they are being used correctly by the victims. If there is a manufacturer defect or a lack of warning labels, the manufacturer may be responsible for a devastating injury. Children’s toys, cars, microwaves, and drugs are often involved in product liability cases.
In 2022, 18,494 product liability claims were filed in the state of Missouri, but only 485 were closed with payment [8].
Defective Medical Devices
Medical devices can be very complex, and therefore prone to malfunctioning. If these defects are the fault of a manufacturer or distributor, then victims can pursue compensation for damages suffered. Over 83,000 deaths may have resulted from defective medical devices across the country between 2008 and 2017 [9].
Workers’ Compensation
Getting injured at work can result in physical and financial struggles, and our law firm seeks to help injury victims who are not receiving the benefits they deserve. Workers’ compensation rates in Missouri are 21% higher than the national median [10], so many victims could experience problems with receiving payouts, in which case you should get in touch with a Missouri personal injury attorney.
Wrongful Death
Sometimes, a person’s negligence or recklessness can lead to the death of an innocent victim. Our personal injury lawyers can help families recover maximum compensation to pay for burial costs, lost income, or emotional distress. Common causes of wrongful deaths in Missouri include car accidents and medical malpractice.
Filing a Personal Injury Claim With Rosenfeld Injury Lawyers
The process for filing a claim with a personal injury attorney can be lengthy, depending on the circumstances of the case. The following outlines the typical process we follow for personal injury cases.
- Gathering information – A MO personal injury lawyer from our team will gather information and conduct a case evaluation to determine the merits of your claim
- Determining the type of case – Since there are many types of injuries, the attorney will evaluate the information and decide what type of claim to file under Missouri personal injury law
- Filing the claim – A complaint will be submitted to the appropriate party to begin the legal process
- Discovery process – Both the defendant and plaintiff will request information from the other as evidence is gathered to support either side
- Negotiation and mediation – Your personal injury attorney will help you negotiate for a fair settlement with the defendant or insurance company, mediating the entire process
- Settlement – If the defendant agrees to a compensation package, the settlement is complete and the plaintiff receives their reward after payouts are deducted
- Court representation – If no settlement is reached, your lawyer will represent you in the trial proceeding that follows, upholding your individual rights under state and federal law
Do You Have a Personal Injury Case?
There are three requirements to determine if you have the legal grounds for a personal injury lawsuit:
- The responsible party acted carelessly or recklessly
- The negligence led to the injury
- The injury resulted in damages suffered
A Missouri personal injury attorney from our team can help you gather the evidence you need to prove that all three of these standards are true for you and increase your chances to seek compensation and win.
Proving a Missouri Personal Injury Case
Filing a claim for an injury is one thing, but proving it and winning is another. There are several factors that come into play with personal injury cases that make it harder to prove fault.
- Duty of care – The defendant has a certain level of responsibility to behave safely and not harm others
- Breach of duty – The defendant failed to uphold this standard of care
- Damages – There are damages that are definitively the result of the incident that are either economic or non-economic
- Causation – Proving that the one party’s conduct resulted in the other party’s injury is a crucial element in this field of law
How Long Do You Have to File a Personal Injury Claim?
The type of injury dictates the amount of time you have to file a claim in the state of Missouri, which depends on the specific statute of limitations that applies. In general, the time limit is five years from the date of the injury that occurred. If you do not file within that time limit, you cannot receive financial compensation.
What Is the Statute of Limitations on Missouri Personal Injury Claims?
While the statute of limitations in Missouri is typically five years for most injury suits, there are some exceptions.
- A general injury suit must be filed within five years of the injury occurring
- Claims for traffic accidents must be filed within five years of the collision
- In cases of medical malpractice, the victim or their family has two years
- Wrongful death claims must be submitted within three years from the date of death
- For injured victims who are minors, they have five years after their 21st birthday to file
Types of Personal Injury Compensation We Can Help You Recover
The biggest question victims often have about personal injury litigation is what constitutes damages. There are three primary types of damages:
- Economic damages – These are measurable with a specific number such as loss of wages, loss of future earning potential, medical bills, property damage, and funeral costs.
- Non-economic damages – These are harder to quantify and include examples like loss of life enjoyment, ongoing pain and suffering, loss of a spouse or parent, loss of companionship, and disfigurement.
- Punitive – Punitive damages are not very common, but they are used as a means to punish the defendant further for particularly reckless conduct.
How Much Is Your Personal Injury Case Worth?
Since the severity of injuries can vary widely, it is impossible to state an accurate average settlement. Less severe cases could result in a settlement of a few thousand dollars, while more devastating incidents could result in hundreds of thousands or even millions of dollars in financial compensation.
Factors That Affect Personal Injury Settlement Amounts
Some factors that affect the total settlement amount include:
- Medical expenses such as the cost of ongoing medical treatment
- Emotional toll of the incident on victims or family members
- Amount of time without income if the victim misses work
- The severity of the injury and its long-term effects
- Change in the quality of life, such as a permanent disability
Settlement Amounts That Our Missouri Personal Injury Attorneys Have Recovered
You are in good hands with the personal injury attorneys on our legal team, and our long history of winning settlements for our clients is proof of our expertise.
- $2.1 million for the family of a woman who developed a stage 4 bedsore while rehabilitating in a nursing home.
- $14.1 million for the family of a motorcyclist who died after a truck driver collided with him by taking a left turn while speeding
- $3.2 million for a woman who was raped in a hotel room by a maintenance worker with a universal access keycard
- $5 million for a victim with a retained surgical instrument that became infected and led to sepsis.
- $3.5 million, in addition to the workers’ compensation benefits they received, for a worker who was struck by a forklift
How Long Does Settling a Personal Injury Claim Take?
There is no perfect timetable for how long a case will take to resolve, even with the help of an expert personal injury attorney from our law firm. There are multiple factors that will dictate the timeline, which could be anything from a few months to several years.
A slow response from the defendant could cause a delay in the proceedings. Ongoing negotiations about the settlement amount could also lengthen the process. If the case goes to trial, this could add years before it is finally resolved.
How Much Does a Missouri Personal Injury Lawyer Cost?
Our Missouri personal injury attorneys only get paid if they win your case. This means you have no upfront costs to worry about and we will only receive fees out of the settlement amount.
Contact Our Missouri Personal Injury Lawyers If You Have More Questions!
Personal injury law is complex in the state of Missouri, and trying to navigate the process yourself will lower your chances of winning maximum compensation. By working with Rosenfeld Injury Lawyers, LLC, you get the benefit of legal experts with plenty of experience winning cases for their clients.
We offer a free consultation so you can figure out if you have a case or not before you sign any contracts. You will need top-notch legal representation to obtain financial compensation after a serious personal injury or wrongful death results in damages like medical expenses, lost income, or emotional suffering.
Call our office today at 888-424-5757 to find out more about our legal services and how we can help you recover damages when someone else’s negligence has drastically impacted your life.
Resources: [1] Missouri State Highway Patrol, [2] Missouri State Highway Patrol, [3] Missouri Department of Transportation, [4] Missouri Independent, [5] 2022 Medical Professional Liability Insurance Report, [6] World Population Review, [7] March of Dimes, [8] 2022 Products Liability Report, [9] Consumer Notice, [10] Missouri Workers Compensation Rates