Best Personal Injury Lawyers St. Louis, MO Of 2024 – Forbes Advisor – Technologist

Knowing your legal rights is vital when you or a loved one suffers an injury due to the negligence of another in St. Louis. Missouri’s statute of limitations and other personal injury laws play a vital role in your ability to succeed with a lawsuit. Here’s what you need to know when planning to sue.

Missouri Statute of Limitations for Personal Injury Cases

The Missouri statute of limitations sets the deadline for filing a personal injury lawsuit. Knowing this timeline and adhering to it is essential, as you could be barred from pursuing compensation if you file too late. Your case, no matter how strong, may simply get thrown out by the court.

Under Missouri Code, Section 516.120, the statute of limitations for personal injury cases is generally five years from the date of the injury. However, certain circumstances can shorten or lengthen the time available to file a lawsuit.

For example, if you were a minor or mentally incapacitated during the five years, you could be granted an extension. On the other hand, if you have a case against a government entity in Missouri, you may be required to file a claim much sooner.

Missouri Personal Injury Laws

Personal injury laws determine, among other issues, who can file a lawsuit and how much compensation victims can recover. These laws typically vary from one state to another. Here’s a summary of Missouri’s personal injury laws.

• Who can file. Generally, anyone who suffers an injury due to another’s negligence in Missouri, such as in a car accident, in a slip-and-fall or due to a dangerous product, may file a personal injury lawsuit. In a wrongful death case, survivors such as the spouse, children, grandchildren or parents can file a suit.
• Comparative negligence. Missouri is one of 12 states following a pure comparative negligence rule. Pure comparative negligence means that even if you are 99% responsible for your injury, you could still sue and recover compensation for the 1% you are not at fault.
• Damage caps in Missouri. Missouri has no damage caps in personal injury cases except in medical malpractice and wrongful death claims arising from medical malpractice. In 2024, noneconomic damages such as pain and suffering in medical malpractice cases are capped at $465,531 for noncatastrophic injuries and $814,679 for catastrophic injuries.
• Immunity from lawsuits. Government entities and employees in Missouri are generally immune from lawsuits. However, per the Missouri Tort Claims Act, you have legal recourse and can pursue compensation if a government entity or employee engaged in negligent conduct that resulted in your injury and damages.

Personal Injury Settlement Considerations

Most personal injury claims never go to trial and are instead resolved with an out-of-court settlement. However, the time it takes to receive a settlement can vary and depend on factors such as the severity of your injuries, the extent of damages (such as medical bills and income loss) and the willingness of both sides to settle. Some cases take a few weeks to resolve, while others take a year or more.

In Missouri, compensation for personal injury isn’t generally taxed, as a settlement reimburses victims for the losses they incurred due to the injury and is not typically classified as income. This also includes noneconomic damages, such as pain and anguish. However, there are exceptions. For example, compensation for lost wages, punitive damages or emotional distress unrelated to a physical injury may be taxable.

Settlements and Attorney’s Fees

While attorney’s fees differ between firms, a typical contingency agreement entitles a lawyer to about one-third of the final settlement amount. Once your attorney receives the settlement check, they typically subtract their fee plus legal expenses from the final amount and you receive the difference.