How do I know if I have a personal injury claim in Missouri?

Rob Sullivan

Answered by:
Rob Sullivan

Located in Kansas City, MO
Sullivan Law LLC

Rob Sullivan - Personal Injury - Products - Super Lawyers

Answered by: Rob Sullivan

Sullivan Law LLC
Kansas City, MO
Phone: 800-487-8066
Fax: 816-817-1962

View Profile

If you are injured and it may be the fault of another person, company or someone other than you, then you might have a personal injury claim. It doesn’t matter in most states, but certainly not in Missouri, that you may be somewhat at fault for the incident. You can be partially at fault and someone else can be partially at fault, and you can still recover. This partial fault is called contributory negligence. In very few cases contributory negligence makes you unable to recover. 

If there is a trial, fault of the parties is compared. Percent of fault is assigned to each party. Once you go below 50%, say you were 45% at fault, you can still recover damages. If you are 90% at fault, you will recover 10% of your damages. 

Two Critical Questions 

There are two critical questions to ask regarding if you have a personal injury claim or not:

  1. Level of injury — Is something different about you after the event happens? Are you changed physically or emotionally? If so, what is the extent of damages? Am I different than I was before the accident? Whether you get a cut on your finger or your injuries result in being a quadriplegic, you have been injured. You are changed. If someone did something that was negligent that made you different than you were before they did it, then you deserve to be compensated.
  2. Negligence — Did the conduct of the other person cause or contribute to causing the accident, such as running a stop sign? If yes, then you can recover damages. That party is responsible for the harm they caused. You will have a personal injury claim if you got in a car accident or another type of accident happened, as long as the other party did something wrong or if you both did something wrong. 

Anyone who ever gets hurt by a product or a car accident or walking down the sidewalk — even if you trip on a hole in the sidewalk — someone was involved in causing this incident. Someone built the sidewalk. You may not know who, but that’s why you come to me. I will find out who they are. If you walk past a construction site and a rock flies by and hits you, someone else is at fault.

If you’re not sure if you have a case, you can always call a lawyer and they will tell you for free if you have a case. No reputable personal injury lawyer should ever charge anyone to tell them whether they have a case or not. Ever. 

I don’t like to call these incidents “accidents.” Someone caused the injuries to happen. The word “accident” implies that no one is at fault. I prefer to call them events, crashes or incidents. If you were injured in an event, you deserve to be compensated. That is why we have laws for personal injury cases.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers By Rob Sullivan

Motor Vehicle Accidents

If I’m injured in an accident with a semitruck, who can I sue in Missouri?

If you get in a crash with a semitruck, there are several different people you could sue.You could sue the driver of the semitruck. The driver will …

Sponsored answer by: Rob Sullivan

Other Answers About Personal Injury - Plaintiff

Personal Injury - Plaintiff

How do I sue for a Colorado ski accident?

The most common ski accident is a skier collision. When a skier or snowboarder collides into another, serious injuries often result. Skiing is not a …

Sponsored answer by: James H. Chalat

Personal Injury - Plaintiff

How do I sue for my skiing injuries after a Colorado ski accident?

Skiing is a great winter activity that occasionally inflicts a few bumps and bruises. But some trips to the slopes result in serious personal injury …

Sponsored answer by: James H. Chalat

Personal Injury - Plaintiff

How do I sue a Colorado ski resort?

The ski industry in Colorado enjoys significant protection against civil claims for ski accidents. Colorado employs an assumption of risk or inherent …

Sponsored answer by: Evan P. Banker


If you send a lawyer or law firm email through this service, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via this email service. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties. Super Lawyers will not retain a copy of this message.

Page Generated: 0.6388258934021 sec