Is Missouri a Pure Comparative Negligence State?
Missouri is often considered a pure comparative negligence state, which means that in personal injury cases, the damages awarded to the plaintiff are reduced by the percentage of fault attributed to the plaintiff. This legal principle is an important aspect of tort law and can significantly impact the outcome of personal injury claims. In this article, we will explore what makes Missouri a pure comparative negligence state and how it affects personal injury cases in the state.
Understanding Pure Comparative Negligence
Pure comparative negligence is a legal doctrine that allows a plaintiff to recover damages even if they are found to be partially at fault for the accident. In other words, the percentage of fault assigned to the plaintiff will not bar them from recovering any damages. Instead, their recovery will be reduced by the percentage of fault attributed to them. This is different from modified comparative negligence, where a plaintiff can only recover damages if they are found to be less than 50% at fault.
Missouri’s Pure Comparative Negligence Law
Missouri’s pure comparative negligence law is codified in Section 537.750 of the Revised Statutes. This statute provides that in any action for damages arising from personal injury, the damages shall be reduced in proportion to the percentage of fault of the plaintiff. This means that if a plaintiff is found to be 20% at fault for an accident, their damages will be reduced by 20%.
Impact on Personal Injury Cases
The pure comparative negligence doctrine can have a significant impact on personal injury cases in Missouri. For example, if a plaintiff is involved in a car accident and is found to be 30% at fault, they can still recover 70% of the damages they would have been entitled to if they were not at fault. This can be an important factor in negotiating settlements and determining the value of a personal injury claim.
Challenges and Considerations
While Missouri’s pure comparative negligence law provides a clear framework for determining damages in personal injury cases, it also presents challenges. For instance, proving the percentage of fault can be complex and requires careful analysis of the evidence. Additionally, insurance companies may attempt to shift blame to the plaintiff to reduce their liability and the amount of damages they must pay.
Conclusion
In conclusion, Missouri is indeed a pure comparative negligence state, which means that the percentage of fault assigned to the plaintiff will not bar them from recovering damages in personal injury cases. This legal doctrine provides a fair and balanced approach to determining damages, but it also requires careful consideration of the evidence and the potential challenges that may arise during the litigation process. Understanding the nuances of Missouri’s pure comparative negligence law is crucial for both plaintiffs and defendants in personal injury cases.
