Pure Comparative Negligence
Missouri follows pure comparative negligence, allowing recovery even if plaintiff is 99% at fault. Damages are reduced by plaintiff's percentage of fault. No bar to recovery regardless of fault percentage.
No Cap
No limit on non-economic damages
5 years for personal injury
Deadline to file your lawsuit
Missouri follows pure comparative negligence, allowing recovery even if plaintiff is 99% at fault. Damages are reduced by plaintiff's percentage of fault. No bar to recovery regardless of fault percentage.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. Even at 99% fault, plaintiff can recover 1% of damages.
Additional research needed for specific cap amounts
$0
Based on reported cases in Missouri
11,759
Personal injury lawsuits per year
Missouri follows pure comparative negligence, allowing plaintiffs to recover even when more than 50% at fault. The Gustafson v. Benda (1995) case established important standards for this system.
Missouri has been significant in talcum powder litigation, with St. Louis juries awarding billions against Johnson & Johnson in ovarian cancer cases, though some verdicts were later reduced or overturned.
The state's position as a major trucking hub (intersection of I-70, I-55, I-44) produces significant commercial vehicle accident litigation.
Missouri personal injury cases are filed in Circuit Court, with 45 circuits. St. Louis City and Jackson County (Kansas City) handle substantial civil litigation.
Missouri follows the Missouri Rules of Civil Procedure. The state uses case management and requires early disclosure of relevant evidence.
Missouri courts encourage mediation and have various ADR programs. Settlement conferences are common before trial.
Missouri attorneys are licensed by the Missouri Bar. Missouri's pure comparative negligence and historically plaintiff-friendly venues make it attractive for complex litigation.
The Missouri Association of Trial Attorneys is the state's primary plaintiff attorney organization. Experience with St. Louis juries is valuable for product liability cases.
Contingency fees typically range from 33-40%. Missouri has no general damage caps, though some specific claims have limits.
Missouri's statute of limitations for personal injury is 5 years under Mo. Rev. Stat. § 516.120. This applies to most negligence claims.
Medical malpractice has a 2-year statute of limitations. Claims against Missouri government entities require 90-day notice under the Missouri Tort Claims Act.
This calculator provides estimates only and is not legal advice. Laws in Missouri are complex and individual case results vary. Consult a licensed Missouri attorney for advice specific to your case.