When you suffer an injury due to someone else’s negligence, you have the right to seek compensation. However, in Missouri, personal injury claims are governed by comparative fault laws, which can significantly impact the amount of compensation you receive. If you're involved in an accident in Kansas City or anywhere in Missouri, understanding how comparative fault works is crucial to protecting your legal rights. A Kansas City personal injury lawyer can help navigate these laws and ensure you receive the compensation you deserve.

What is Comparative Fault?

Missouri follows a pure comparative fault system, which means that an injured party can recover damages even if they are partially at fault for the accident. However, their compensation is reduced by their percentage of fault. For example, if you are found to be 30% at fault for a car accident, your total compensation will be reduced by 30%.

Unlike some states that bar recovery if a person is more than 50% at fault, Missouri allows recovery even if you are 99% at fault, though the amount awarded will be significantly reduced. This law applies to various personal injury claims, including car accidents, slip and fall cases, medical malpractice, and product liability.

How Comparative Fault Affects Personal Injury Claims

1. Reduces Your Compensation

• The higher your fault percentage, the less compensation you receive. Insurance companies often try to assign as much fault to you as possible to minimize payouts.

2. Insurance Companies Use it to Their Advantage

• Insurers will scrutinize every detail of your accident to argue that you contributed to the injury, thus lowering your potential settlement.

3. Court Decisions Depend on Fault Assignment

• If your case goes to trial, a jury will determine fault percentages based on evidence, which will directly affect the amount of damages awarded.

Examples of Comparative Fault in Missouri Personal Injury Cases

To better understand how comparative fault applies, consider the following scenarios:

• Car Accident: You were speeding when another driver ran a red light and hit your vehicle. A jury finds you 20% at fault for speeding, while the other driver is 80% at fault. If your damages total $100,000, you would only receive $80,000 after the reduction.

• Slip and Fall: You slip on a wet floor in a grocery store, but security footage shows you were looking at your phone instead of paying attention to the warning sign. The court determines you were 40% at fault, reducing your compensation accordingly.

• Medical Malpractice: A doctor fails to diagnose a condition properly, but you delayed seeking medical attention for weeks. The court may assign 30% fault to you for not acting sooner.

The Importance of Legal Representation in Comparative Fault Cases

Because comparative fault laws can be complex, having an experienced Kansas City personal injury lawyer on your side is crucial. Here’s why legal representation is essential:

1. Gathering Strong Evidence

• A skilled attorney can collect witness statements, medical records, accident reports, and expert testimony to counter claims that you were at fault.

2. Negotiating with Insurance Companies

• Insurance companies often try to minimize their liability by assigning a higher percentage of fault to you. A lawyer can negotiate aggressively to ensure you are not unfairly blamed.

3. Maximizing Your Compensation

• By building a strong case, your lawyer can help you recover the highest possible amount, ensuring that any reductions due to comparative fault are minimized.

4. Handling Court Proceedings

• If a fair settlement isn’t possible, an attorney can present your case in court and argue against excessive fault allocation.

What to Do If You Are Involved in an Accident in Missouri

If you’ve been injured and suspect comparative fault may play a role in your case, take the following steps:

1. Seek Immediate Medical Attention – Your health is the top priority, and medical records will serve as key evidence.

2. Document the Scene – Take pictures, collect witness contact information, and write down details about what happened.

3. Avoid Speaking to Insurance Companies Alone – Anything you say may be used against you to assign more fault.

4. Contact a Kansas City Personal Injury Lawyer – A lawyer will protect your rights and help you navigate the complexities of Missouri’s comparative fault laws.

Missouri’s pure comparative fault system allows injured parties to recover damages even if they share responsibility for an accident. However, the more fault assigned to you, the less compensation you receive. Insurance companies often use this law to their advantage, making legal representation essential. If you’ve been injured in a car accident, slip and fall, or any other personal injury incident, consult an experienced Kansas City personal injury lawyer to ensure you receive the fair compensation you deserve.