Sometimes, accidents happen without the fault of the individuals involved. However, an accident usually occurs because someone is at fault. When you have been harmed by another’s fault, Missouri law usually provides a remedy. The nature of harms are as broad as the different causes of action, but generally include bodily injury, emotional injury, damage to reputation, past and future medical expenses, and past and future wage loss.
A plaintiff in a personal injury case must show some fault of the defendant. While every type of case has a different standard, generally a plaintiff must prove the defendant behaved in a negligent, reckless or intentional manner. In some cases, the very activities of the defendant are known to be so dangerous that the defendant is responsible as a matter of law, without the necessity of proving fault.
There are many different types of personal injury cases. The most common of those cases include:
In each case, the legal system attempts to balance the harm the plaintiff has suffered, through a monetary award that is paid by the defendant or the defendant’s insurance company. The law can not place a plaintiff in the position they were in before the injury, however, it can minimize the effects of the harm through a monetary award.
All personal injury cases, whether caused by a car accident, medical malpractice, defective products or unsafe premises, are governed by a statute of limitations. Generally, a personal injury suit based on negligence must be brought in five years, in accordance with Section 516.120 of the Revised Statutes of Missouri. If that negligence causes a death, the three year statute of limitations in Section 537.100 will apply. If the negligence was caused by a medical provider, the statute of limitations is reduced to two years by Section 516.105 of the Revised Statutes of Missouri. The exact time allowed to bring a claim will vary on multiple factors. Regardless, if you have been harmed by the conduct of another, you must act immediately or you can lose your legal rights to seek compensation.
A personal injury attorney will assist you through the legal system, and counsel you as to the value of your claims. Your personal injury lawyer will gather all information necessary to present your case favorably. This includes reviewing insurance information, talking to witnesses, investigating the accident scene, working with your physicians, and, if necessary, hiring expert consultants to assist a jury in fully understanding the accident or the resulting harms suffered. Your attorney will file the necessary pleadings to institute suit, make multiple court appearances to move your case towards trial, and ultimately present your case to a jury for a decision in the event a settlement can not be reached.
The personal injury attorneys at Kennedy, Kennedy, Robbins & Yarbro, LC have assisted many individuals to protect their legal rights in a personal injury case. The attorneys have settled and tried many different cases in state and federal courts. The attorneys are compensated for their time through a “contingency fee” arrangement. The amount of the fee will depend on the type of case, its complexity and its anticipated value. There is no cost for an initial consultation to discuss your case.
If you need legal assistance, or for further information about a personal injury, medical malpractice or wrongful death case, please contact us or call Kennedy, Kennedy, Robbins & Yarbro, LC, at (573) 686-2459. Our commitment is to earn your confidence by answering all questions and providing quality representation.