Don’t Blame It All on the Other Guy: Comparative Negligence Can Shift the Blame (and the Money!) in Your Personal Injury Claim
If you’ve been involved in an accident, one of the first things on your mind (besides recovering from your injuries, of course) is probably how much compensation you’ll be entitled to. After all, medical bills, lost wages, and a whole host of other expenses can quickly add up. But here’s the twist: sometimes the question isn’t just how much you’re entitled to—it’s how much you’re responsible for.
In Missouri, like many states, the doctrine of comparative negligence plays a key role in determining how much compensation you can get in a personal injury case. Put simply, comparative negligence allows the court to reduce your compensation based on how much of the fault for the accident lies with you.
Before you panic and think that means you’re automatically out of luck if you played any role in the accident, let’s break it down and explain how this works—because, spoiler alert, it’s not always as scary as it sounds.
What is Comparative Negligence?
In Missouri, comparative negligence is a legal rule that allows both the plaintiff (you) and the defendant (the other party) to share the blame for an accident. Your compensation is adjusted accordingly.
Here’s a simple example: Let’s say you’re involved in a car accident, and after an investigation, it turns out that you were texting while driving at the time of the crash. The other driver, however, was speeding and ran a red light, contributing to the accident as well.
In a comparative negligence system, the court may find that you were 30% responsible for the accident because you were distracted by texting, but the other driver was 70% responsible for running the red light. In that case, your damages would be reduced by 30%, and you would still receive compensation for the remaining 70%.
So, in other words, Missouri allows you to recover compensation for your injuries, even if you were partly at fault. However, the more responsibility you have for causing the accident, the less you’re going to recover.
The Rule in Missouri
Missouri follows what’s called a pure comparative negligence rule. This means that you can recover damages found at any percent of fault for the accident,
For example, imagine the same scenario where you were texting, but the other driver was also speeding and ran a red light. If the court finds 99% at fault or less, you can still recover compensation, but it will be reduced based on your degree of fault.
The takeaway here is that you have to be careful when discussing your case, as Missouri’s ruling can make it to where you receive some almost no matter what.
How Your Actions Can Impact Your Compensation
Comparative negligence doesn’t mean that every little mistake you make will automatically lead to a drastic reduction in compensation. But the reality is that your actions will be scrutinized, and even a small degree of fault can impact your case.
For instance, let’s say you were injured in a slip-and-fall accident at a store. If it’s found that you were distracted by your phone or not paying attention to where you were walking, you could be found partially at fault for the fall. If the store’s employees were also negligent—for example, failing to clean up a spill that caused you to slip—you could still recover damages, but your recovery will be reduced by the percentage of fault assigned to you.
Key Takeaways to Keep in Mind
- Missouri’s Pure Comparative Negligence Rule: If you are 99% or less at fault, you can still recover damages, but the amount will be reduced based on your percentage of fault.
- Don’t Assume Your Actions Don’t Matter: Even if you’re partially at fault for an accident, it doesn’t necessarily mean you’re out of luck. Your damages will simply be adjusted to reflect your level of responsibility.
- Document Everything: When you’re filing a personal injury claim, it’s critical to provide as much evidence as possible to show that the other party was more at fault than you. This can include police reports, witness testimony, and even surveillance footage if it’s available.
- Seek Legal Advice Early: Navigating the complexities of comparative negligence can be tricky, and it’s easy to say or do something that could unintentionally hurt your case. An experienced personal injury lawyer can help you understand your rights and ensure that your case is presented in the best possible light.
So, Should You Still File a Claim?
Yes! Just because you may have a small degree of fault in an accident doesn’t mean you should give up on pursuing a claim. If someone else was mostly responsible for your injuries, you can still recover a significant amount of compensation—just be prepared for your damages to be adjusted based on your level of fault.
The bottom line: comparative negligence doesn’t mean the end of the road for your claim. It’s just another factor that can influence how much you ultimately recover. With the right legal support, you can navigate these waters and maximize your chances of getting the compensation you deserve.
If you’re unsure how comparative negligence might affect your specific case, don’t hesitate to reach out to us at The S.E. Farris Law Firm. We’re here to help you understand the nuances of your situation and ensure that you get the best possible outcome. Give us a call today—we’ll make sure your case gets the attention it deserves.
e compensation you deserve.
If you’re unsure how comparative negligence might affect your specific case, don’t hesitate to reach out to us at The S.E. Farris Law. We’re here to help you understand the nuances of your situation and ensure that you get the best possible outcome. Give us a call today—we’ll make sure your case gets the attention it deserves.