Missourians who are injured as a result of another party's negligence
are entitled to compensation for their losses, provided they can prove
that negligence. However, the nature of the injury (and the circumstances
that caused it) will impact what damages can be recovered, and in what
amount, and from whom. In this post, we discuss important legal concepts
that are often connected to Joplin personal injury lawsuits.
Comparative negligence law.
In Missouri, if your own carelessness contributed to your injury, your
damages are reduced according to your percentage of fault. For example,
if you're injured in a car accident that was 50% your fault, you can
only collect half of the damages awarded to you.
Joint and several liability rules
If multiple parties caused your injury, each one is responsible for a
portion of your losses. Here again, the size of each portion corresponds
to each party's percentage of fault. However, according to Missouri's
joint and several liability rules, if 1 party bears 51% or more of the fault, then that party can
be made to pay all of your damages. Under these circumstances, the at-fault
party also has the right to sue anyone else who shares in the fault for
contribution.
Strict liability law
Typically, this provision applies to product liability cases, but here
in Missouri, it also applies to
injuries sustained from dog bites. In short, when
strict liability (or "absolute" liability) is applied, it refers to "legal
responsibility for damages, or injury, even if the person found strictly
liable was not at fault or negligent."
In terms of product liability, strict liability requires that a product's manufacturer take responsibility for injuries and damages caused by a defective product, even though the manufacturer is not normally present or involved when those losses are sustained. Similarly, in Missouri, dog owners are automatically liable for damages caused by their pets (when dogs are on public property, or when injured victims are "lawfully on private property." In instances like these, strict liability law denotes "automatic responsibility (without having to prove negligence)."
Loss of consortium
This term applies when an injury or death disrupts the support, affection
and companionship of a marriage. When your spouse is injured or killed
as the result of negligence, you may be entitled to compensation.
Economic damages
These losses are financial: medical bills, property damage, lost wages,
rehabilitation costs, and so on.
Non-economic damages
This term refers to "intangible harms such as severe pain, physical
and emotional distress and disfigurement, [and] loss of the enjoyment
of life an injury has caused, including sterility, loss of sexual organs,
[and] physical impairment." Essentially,
non-economic damages cover what is commonly referred to as pain and suffering.