Missouri follows a pure comparative negligence rule, which influences how compensation is determined in personal injury cases. This rule allows injured parties to recover damages even if they are partially at fault. However, their compensation is reduced by their degree of fault. For example, if you are found to be 30% at fault for an accident, you can still recover 70% of the total damages.

At Bishop & Hayes P.C., we thoroughly evaluate all factors to minimize your percentage of fault, thereby maximizing your potential compensation. Understanding these laws can greatly influence the outcome of your injury claim, and our Springfield attorneys are here to guide you through this complex landscape.

Do I Have a Personal Injury Claim? 

The mere existence of injuries isn’t sufficient to recover compensation in a personal injury lawsuit. Consulting with a qualified lawyer is imperative to ensure you’re compensated fairly. With decades of shared experience, you can trust our firm to guide your legal steps with wisdom and care. We comprehend how critical evidence and expert opinions are in crafting a robust claim. 

Under Missouri law, the plaintiff bears the burden of proof in personal injury lawsuits. This means that you are responsible for establishing negligence “by a preponderance of the evidence.” In other words, you must prove that it is “more likely than not” that the defendant’s negligent action or inaction directly caused your injuries. 

Our highly skilled advocates can evaluate your case to determine the validity and value of your claim. From gathering evidence to negotiating with insurers and other involved parties, we work tirelessly to establish negligence by demonstrating four key elements. These elements include:     

• The defendant owed you a duty of care. First, you must establish that the defendant owed you a duty of care. For example, drivers have a duty to operate their vehicles responsibly and follow traffic laws, while property owners are obligated to maintain safe premises for visitors. 
• The defendant breached their duty of care by acting negligently. Next, you must demonstrate that the defendant’s action or inaction falls beneath their standard of care, such as driving under the influence of alcohol. 
• The defendant’s negligence was the proximate cause of your injuries. With our vast network of resources and connections, our firm can help you establish negligence as the proximate cause in your case, consulting with medical specialists and other experts as needed to fortify your claim with compelling evidence.
• You suffered compensatory damages as a result of the defendant’s negligence. Finally, we can help you calculate compensatory injuries (“damages”) that occurred as a result of the accident, such as medical expenses, lost wages, pain and suffering, and more. Our team meticulously documents each aspect of loss, which is essential when negotiating with insurance adjusters.

Springfield Personal Injury FAQ

What Should I Do If I'm Involved in an Accident?

After ensuring your safety and the safety of others, you should report the accident to the local authorities. Seek medical attention immediately, even if your injuries are not immediately apparent. Document the scene with photos and gather contact information from witnesses. It's crucial to consult with a personal injury attorney in Springfield from Bishop & Hayes P.C. to evaluate the best steps forward.

How Long Do I Have to File a Personal Injury Claim in Missouri?

In Missouri, the statute of limitations for filing a personal injury claim is generally five years from the date of the accident. This time frame means you have five years to initiate legal proceedings after an accident or injury in Springfield. However, exceptions and specific circumstances can alter this timeframe, so consulting with an attorney promptly is wise to ensure your rights are protected.

How Is Compensation Determined in a Personal Injury Claim?

Compensation in personal injury claims can include medical expenses, lost wages, and non-economic damages like pain and suffering. The amount awarded depends on the case specifics, including injury severity and impact on daily life. Bishop & Hayes P.C. provides thorough evaluations to assess the full scope of damages, ensuring all aspects of your loss are considered in the compensation process.