At Aaron Sachs & Associates, P.C., we know that an injury can result in extra hardships in your life. Our team is here to help. Contact us if you have been involved in an accident and are confused about where to go next and what steps to take to protect your rights.
Speak up for those who cannot speak for themselves; ensure justice for those being crushed. Proverbs 31: 8-9
The plaintiff, or person who brings the case, must prove that the person who harmed them violated a duty of care. Then, the plaintiff must show that this violation caused their damages. The defendant, or liable person, must then be responsible for the damages or injuries the plaintiff sustained.
Personal injury law can apply any time there’s an accident or injury, but it occurs most frequently during car accidents. Drivers have a duty to exercise the highest degree of care on the road, and any breach of this duty (liability) can cause injuries and losses (damages), for which the at-fault party is responsible.
The statute of limitations for a personal injury claim in Missouri is 5 years. This means that you must file your lawsuit in court within 5 years from the date of your injury. If someone is harmed while under the age of 21 or mentally incapacitated, their statute of limitations may be paused, or “tolled,” until they are an adult or otherwise able to pursue legal action for themselves.
The Missouri statute of limitations is laid out in Missouri Revised Statutes Section 516.120.
For case-specific questions and concerns, please contact our attorneys.
Missouri operates on a pure comparative fault system. This means that each party involved in a car accident can be found negligent and fault is not decided in an “all or nothing” fashion. The plaintiff’s award may be reduced based on how much of the accident was their fault.
For example, if a defendant caused a $100,000 car accident while violating traffic laws and was found 100% liable, the plaintiff may be able to recover the full $100,000 in damages. If the plaintiff forgot to signal their turn, however, the court might find them to be 25% negligent and their award could be reduced to $75,000.
Though based on legal precedent, the scenario above is an example. If you’d like to discuss your case, call us at (888) 287-1046.
In Missouri, you must prove 4 elements in order to prove negligence. These elements include:
First, you must show that the defendant owed you a duty of care. In Missouri, every motorist is required to use the highest degree of care.
Second, you have to prove how the defendant breached, or failed to meet, their duty to you. For example, if someone was texting while driving when they hit you, they were not being careful and therefore violated their duty of care as a motorist.
If someone was traveling 5 mph over the speed limit on a near-empty road, you may have a more difficult time proving their liability. In scenarios like this one, a good attorney can help you clarify the law and show exactly how a duty was breached.
Next, you must show that but for the violation of the duty of care, you would not have been injured.
If you sustained a head injury in a car accident, for example, you need to assert that your head would not have been injured if the driver fulfilled to the duty of care. You must also prove that any severe headaches came from the accident, and not from a history of migraines.
Finally, you must show how your injuries affected your physical, financial, and emotional wellbeing. If you had an emergency room visit, for example, your injuries have affected you financially. An award or settlement should compensate you for damages reasonably attributable to your injury.
Sustaining an injury can cause a multitude of consequences. You can be compensated for the following:
If you lost a loved one, you can also be reimbursed for the costs of their funeral and burial, and for the loss of that person’s financial and emotional support.
If the person who harmed you acted in an especially egregious way, the court may also award punitive damages. Instead of compensating you for losses, this award is meant to punish the wrongdoer and prevent similar actions in the future.
With over 235 years of collective experience, our firm can help you evaluate your injuries and losses as measurable “damages” and recover any compensation you are entitled to.
At Aaron Sachs & Associates, P.C., we know the value of our community & we instill a culture of giving back at our firm. We are involved in service projects each year.