If you were in a car accident in the state of Missouri, you may have suffered injuries as a result of someone else’s negligence. However, in some cases, the victim also shares a portion of the fault regarding the car accident. You may be wondering what types of damages and compensation you can receive if you are partially at-fault for your Missouri automobile accident.
Negligence is when a person acts or behaves in such a way that is below a standard of care that is legally required. In the case of car accidents, a person is considered negligent when they drive in such a way that is careless or reckless and results in another person suffering injuries as a consequence of that negligent behavior.
In order to file a lawsuit for compensation for your injuries, you will need to prove that a driver had a legal responsibility to operate a car in a legal and safe manner, that he or she breached that duty by driving negligently, and that you suffered actual physical, mental or financial damages as a direct result of that negligence.
Pure Comparative Negligence
Every state handles negligence cases differently. The state of Missouri follows a pure comparative negligence rule of law, which indicates that even if a victim is partially responsible for his or her own injuries due to negligence, the victim will be able to file a lawsuit to receive compensation.
The state of Missouri will look at the percentage that the victim is deemed to be responsible and reduce the compensation for his or her injuries with a similar percentage. For example, if a victim of a car accident is determined by the judge or jury to be 80% responsible for the car accident, then he or she will be able to receive 20% of the compensation that is awarded in the case. Therefore, the value of your personal injury claim will be dependent upon your share of liability or responsibility regarding your own injuries. As long as you are not the only person to blame for a car accident, you can receive compensation from the other party, even if you were determined to be mostly at-fault for an automobile accident.
Never volunteer to an insurance company or the other party of the car accident how much you believe you were at-fault with respect to the accident. After filling out an accident report or contacting the police, a determination of liability may be made by law enforcement. However, the final determination of liability is a complex legal issue and should be handled in consultation with an experienced personal injury attorney.
Contact an Experienced Personal Injury Attorney
If you were in an automobile accident in the state of Missouri, you may have the right to receive compensation for your injuries if another driver was negligent. Contact an experienced personal injury attorney even if you believe you may be partially liable for the accident. You have the right to receive compensation for your injuries including medical bills, lost wages, and other damages if someone else was negligent or reckless. Contact our legal team at Griggs Injury Law at (816) 474-0202 for a free consultation today.