A Straightforward Guide for Missouri Accident Victims
If you’ve recently been injured in an accident, you may be hearing legal terms for the first time. One of the most common questions we hear from clients is, What is a personal injury lawsuit? You might be dealing with physical pain, growing medical bills, and lost time at work, all while trying to figure out what comes next. Understanding your legal options is a critical step in protecting your health, your finances, and your future.
A personal injury lawsuit is a legal claim that allows an injured person to seek financial compensation from the individual or company responsible for causing the injury. These lawsuits often arise from car accidents, slip and fall incidents, medical errors, or other situations where someone else’s careless or reckless behavior leads to harm.
At Price & Randle, we know how overwhelming this process can feel. That’s why we’ve created this guide to explain everything you need to know. We will walk you through how personal injury lawsuits work in Missouri, what you can recover, and how to decide whether legal action is right for you or someone you care about.
What Is a Personal Injury Lawsuit?
A personal injury lawsuit is a legal case brought by someone who has been physically, emotionally, or financially harmed because of another person’s negligence or wrongful actions.
The person filing the lawsuit is known as the plaintiff. The person or company being sued is called the defendant.
In these cases, the goal is to recover compensation for losses caused by the injury. This may include medical expenses, lost wages, emotional suffering, and other related costs.
In Missouri, personal injury claims are based on the legal concept of negligence. That means the at-fault party failed to use reasonable care, and that failure led to your injury.
A lawsuit is different from an insurance claim. An insurance claim is usually your first step. But if the insurer denies your claim or offers a low settlement, a lawsuit may be necessary to protect your rights.
Common Types of Personal Injury Cases in Missouri
Personal injury cases come in many forms. Here are the most common types we see at our Missouri law firm:
Car Accidents
Drivers have a duty to operate vehicles safely. When someone runs a red light, texts while driving, or drives drunk, they can be held responsible for your injuries. Learn more about Missouri car accident injury claims.
Truck Accidents
Commercial truck accidents often involve serious injuries. These cases can also involve multiple parties, such as trucking companies or freight brokers. See how we handle truck accident cases.
Slip and Fall (Premises Liability)
Property owners must keep their buildings and walkways safe. If you fall due to a wet floor, broken step, or poor lighting, you may have a case. Visit our page on premises liability injuries.
Dog Bites and Animal Attacks
Missouri holds pet owners responsible when their animals injure someone. If a dog bit you or your child, you may be entitled to financial recovery. Read more about dog bite injury claims.
Wrongful Death
If a loved one died because of someone else’s negligence, Missouri law allows surviving family members to file a wrongful death lawsuit. Learn more about wrongful death lawsuits in Missouri.
Missouri Law: Fault and Comparative Negligence
Missouri follows a pure comparative fault system under Section 537.765 of the Missouri Revised Statutes.
This means that even if you were partly at fault, you can still recover damages. Your share of responsibility will reduce your total compensation.
Example:
Let’s say your damages total $100,000. If a jury finds you 25% at fault, you could still recover $75,000.
This rule is important because insurance companies often try to blame you to reduce how much they have to pay. Having an attorney can help protect your rights and challenge unfair fault claims.
What You Can Recover in a Personal Injury Lawsuit
The money you may receive in a personal injury lawsuit is known as damages. These fall into three categories:
Economic Damages
These cover measurable financial losses, such as:
- Medical bills (past and future)
- Lost wages and lost earning capacity
- Physical therapy and rehab costs
- Medication, equipment, or in-home care
Non-Economic Damages
These compensate you for things that don’t have a price tag:
- Pain and suffering
- Emotional distress or trauma
- Loss of enjoyment of life
- Loss of companionship (in wrongful death cases)
Punitive Damages
In rare cases, Missouri courts may award punitive damages to punish extremely reckless behavior. These are governed by Section 510.265, RSMo, and require strong evidence of intentional misconduct or gross negligence.
What damages are available in your case? Start a free review.
How the Personal Injury Lawsuit Process Works
Here’s a simplified breakdown of how a personal injury lawsuit unfolds in Missouri:
Step 1: Investigation
Your attorney gathers evidence: police reports, witness statements, medical records, and photos from the scene. This helps determine who is at fault.
Step 2: Filing the Lawsuit
If a fair settlement isn’t possible, your attorney will file a formal complaint in civil court. This begins the legal process.
Step 3: Discovery
Both sides exchange evidence. Depositions (interviews under oath) are taken. Experts may be brought in to support your case.
Step 4: Negotiation or Mediation
Most cases settle before trial. Your attorney negotiates with the insurance company. Mediation may also help resolve disputes.
Step 5: Trial (If Needed)
If the settlement fails, your case goes to trial. A judge or jury will decide if the defendant is liable and how much they should pay.
Do I Need a Lawyer for a Personal Injury Lawsuit?
Technically, you can file a lawsuit without a lawyer. But the truth is, personal injury law is complex, and insurance companies have experienced attorneys protecting their interests.
When you work with Price & Randle, you get:
- A full investigation of your claim
- Access to medical experts and accident specialists
- Aggressive negotiation with insurance companies
- Guidance through every step of the legal process
We work on a contingency fee basis—you don’t pay unless we win.
See why injured Missourians choose Price & Randle.
Key Deadlines: Missouri’s Statute of Limitations
Missouri law gives you a limited time to file a personal injury lawsuit. In most cases, the deadline is five years from the date of injury.
This rule is laid out in Section 516.120, RSMo.
However, some types of claims have shorter time limits:
- Wrongful death: 3 years from the date of death
- Medical malpractice: Often just 2 years
- Claims against government entities: May require notice within 90 days
Missing the deadline means losing your right to recover compensation, no matter how strong your case is.
Should I Settle or File a Lawsuit?
Most personal injury cases never go to trial. In fact, over 90% of claims are settled during negotiations or mediation.
Settlements can offer:
- Faster payouts
- Less stress
- More privacy
- Reduced legal fees
But not every offer is fair. If the insurance company won’t offer enough to cover your losses, a lawsuit may be the best path forward.
At Price & Randle, we don’t pressure clients to settle. We fight for what’s right and only recommend a trial if it’s in your best interest.
What If the Other Person Doesn’t Have Insurance?
If the at-fault driver or property owner doesn’t have insurance, you still have legal options:
- You may sue the individual personally
- Your own uninsured/underinsured motorist coverage may apply
- A third party, such as a business or employer, may be partially responsible
Our team will carefully investigate all possible sources of recovery. Don’t assume you’re out of options.
You Don’t Have to Go Through This Alone
After an injury, your health and recovery come first. But don’t overlook your legal rights. If someone else’s negligence caused your injuries, a personal injury lawsuit may help you recover the financial support you need to move forward.
You don’t have to figure this out alone. At Price & Randle, we treat every client like family, and we fight to get what you deserve. Contact us today.
