Dealing with an injury caused by someone else is tough enough. But what happens when you might have played a small part in the accident yourself? That’s where something called “comparative fault” comes into play in Missouri. It’s basically the way the law figures out who was responsible and how that affects any money you might get for your injuries. It might sound complicated, but let’s break it down in a way that makes sense.
How Missouri Handles It When Everyone’s a Little Bit Responsible
Missouri does things a bit differently than some other states when it comes to who’s at fault. We use what’s known as a “pure” comparative fault system. Think of it like this: even if you were partly to blame for what happened, you can still get some compensation for your injuries. The catch? The amount you get will be reduced by the percentage of fault that’s pinned on you.
Shared Fault
Let’s say you’re driving around Kansas City, Missouri, and get into a fender-bender. Maybe the other driver ran a red light, but perhaps you were also going a little over the speed limit. In this kind of situation, a judge or jury (or even the insurance companies) will try to figure out what percentage of the blame belongs to each person involved. So, if your total damages from the accident – things like medical bills and lost wages – add up to $100,000, and they decide you were 20% responsible, you’d still be able to recover $80,000 from the other driver. The cool thing about Missouri’s system is that even if you were found to be, say, 90% at fault, you could still technically recover 10% of your damages. It’s all about figuring out the percentages.
The Nitty-Gritty of Missouri’s Fault Rules
While the basic idea of splitting the blame seems pretty straightforward, putting it into practice can get a little tricky. You see, actually determining those percentages often involves digging into all the details of the accident – things like police reports, what witnesses said, and sometimes even getting experts involved. Insurance companies and lawyers will really pore over these details to try and figure out who was careless and to what extent. That’s why having a good personal injury lawyer in Missouri on your side can be a real game-changer. They know how to navigate this stuff and make sure your side of the story gets heard.
What Happens When Both Sides Share the Blame?
When you’re dealing with a situation where you and the other party both share some fault, there are a few important things to keep in mind. One big one is that usually, it’s up to the person you’re suing (the defendant) to prove that you were also at fault. They have to show that your actions contributed to your injuries.
How They Might Argue You Were Partly to Blame
In Missouri, the defendant can bring up your fault as a reason why they shouldn’t have to pay you the full amount. It’s called an “affirmative defense.” Basically, they’re saying, “Yes, maybe I was negligent, but the plaintiff was too, and that played a part in their injuries.” If they can convince the judge or jury of this, it will directly reduce the amount of money you can get. So, it’s super important to be ready to push back against these kinds of claims with solid evidence and a smart legal strategy. A good lawyer can help you see these arguments coming and build a strong case to protect what you deserve.
Why Having a Lawyer Matters When Fault is in Question
Figuring out who’s to blame can get pretty heated. Insurance companies often try to lowball you, and one way they do that is by trying to pin more of the blame on you than might be fair. A skilled personal injury attorney right here in Kansas City, Missouri, will be your champion. They’ll make sure your side of the story is told accurately and fight to make sure the blame is divided fairly. They can do their own investigating, gather evidence you might not even know exists, and really go to bat for you in negotiations with the other side or their insurance company.
How Sharing Fault Can Change What You Get: Real Examples
It’s one thing to talk about percentages, but it’s another to see how this whole comparative fault thing actually plays out in the real world and how it can change the amount of money you might end up with.
Seeing Fault in Action: Different Accident Scenarios
Think about slipping and falling at a store. If the store clearly didn’t clean up a spill and didn’t put up any warning signs, they’d likely be on the hook for most of the blame. But, if it turns out there were signs, and maybe you were looking at your phone and not paying attention, you might share some of the fault. Or, in a medical mistake situation, if a doctor messes up during surgery, they’d likely be mostly at fault. However, if you then ignored their instructions for aftercare, that could be seen as contributing to your own problems.
Getting the Compensation You Deserve Even if You Share Some Blame
Even if you think you might have had some role in causing your injuries, it’s really important to talk to a lawyer. They can look at all the specifics of your situation, give you an honest opinion about how comparative fault might affect your case, and help you come up with the best plan to get as much compensation as possible. Their experience with Missouri’s injury laws can be the key to getting a fair outcome, even if things aren’t totally clear-cut.
Ready to Talk? Horn Law in Kansas City Can Help
If you’ve been hurt in Missouri and you’re worried about whether you might be partly to blame, the folks at Horn Law, right here in Kansas City, Missouri, are here to help you sort things out. Our team of experienced attorneys really understands Missouri’s personal injury laws and has helped lots of people in situations where fault is shared. We’re all about digging deep into your case, looking at all the evidence, and fighting hard to protect your rights so you can get the maximum compensation you’re entitled to.
Don’t let the confusion around comparative fault keep you from exploring your options. Give Horn Law a call today for a free, no-pressure chat about your case. Let us help you understand your rights and figure out the best way forward.
