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Your Belton Personal Injury Attorney
The short answer. In Missouri an injury to the person that no other section covers must be filed within five years (R.S.Mo. § 516.120). The trial court for Cass County sits in Harrisonville, at 2501 West Mechanic, Harrisonville, MO 64701. To talk it through, send the form on this page and we will work to connect you with an attorney in our network.
Getting hurt rarely comes at a convenient time. You may be in pain, missing work and answering calls from an insurance company while trying to learn what you are owed. If your injury in Belton was someone else’s doing, start with the basics below and go at your own pace.
A quick note on what this page is: general information about Missouri injury law, written from the statutes, from a matching service that does not practice law. It is meant to help you ask good questions, not to decide your case.
Questions To Ask A Belton Injury Attorney
Ask these in any first conversation:
- If you were partly to blame. Ask which rule applies to your kind of claim. For a product liability claim, fault chargeable to the plaintiff reduces the award in proportion and does not bar recovery (RSMo § 537.765), and for other claims the jury’s percentages decide what each defendant owes (RSMo § 537.067).
- The date. Ask the attorney to name the exact last day to file in your case. Missouri allows five years for an injury to a person that no other section covers, and three years for a wrongful death action (RSMo § 516.120, RSMo § 537.100).
- Claims against the government. Ask whether a public body could be responsible. Missouri waives sovereign immunity only for injuries from the negligent operation of motor vehicles by public employees and for injuries from a dangerous condition of public property (RSMo § 537.600).
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
- The people. Ask who will be in touch with you and how quickly they return calls.
Common Kinds of Injury Claims
Vehicle crashes
Vehicle injuries start with the same few steps: medical care first, then photographs of the scene, names and numbers of anyone who saw it, the other driver’s insurance information and any estimates for repairs.
Pedestrian and bicycle injuries
Walkers and cyclists hurt by a vehicle should write down the location, the time of day, the lighting and the signals as soon as they can. Witnesses who stopped are valuable, so ask for their contact details before they leave.
Falls and unsafe property
Slips, trips and falls come from spills, uneven surfaces, poor lighting and broken stairs. What matters is who controlled the place and how long the problem was there, so document the hazard and tell the owner or manager promptly.
Wrongful death
If a loved one died because of another person’s wrongful act or omission, a different set of rules applies. Missouri’s wrongful death statute lets the spouse, children or parents of the person who died sue when the death results from an act or circumstance that would have entitled that person to recover had death not ensued, and the time to sue is three years (RSMo § 537.080, RSMo § 537.100). You do not have to sort this out alone or quickly; an attorney can explain who is allowed to act and what the dates are.
Injured in Belton? Get matched with an attorney now.
When Fault Is Shared
Missouri’s tort statute turns on percentages. When a jury finds fault, a defendant who bears 51 percent or more is jointly and severally liable for the amount of the judgment. A defendant found less than 51 percent at fault is responsible only for the percentage the jury assigns (RSMo § 537.067).
There are exceptions. A party is also responsible for the fault of another defendant who was acting as that party’s employee (RSMo § 537.067). Ask an attorney how those percentages could play out against each person who may share the blame.
Special Rules To Know
Missouri limits punitive damages. An award may not exceed the greater of $500,000 or five times the net amount of the judgment awarded to the plaintiff against the defendant (RSMo § 510.265). The limit does not apply when the State is the plaintiff, or when the defendant pleads guilty to or is convicted of a felony arising out of the acts or omissions pled by the plaintiff (RSMo § 510.265).
Ask whether the facts of your case could support a punitive claim at all.
Time Limits To Know
Missouri has more than one filing limit. An action for an injury to the person that no other section covers must be brought within five years (RSMo § 516.120), and a wrongful death action must be commenced within three years after the cause of action accrues (RSMo § 537.100). Assault, battery and false imprisonment actions have two years (RSMo § 516.140).
A claim accrues when the damage is sustained and capable of ascertainment (RSMo § 516.100). A person under twenty one or mentally incapacitated when the claim accrued may bring it within the stated time after the disability is removed (RSMo § 516.170). Ask any attorney to name the last day in your case.
Coverage Limits Behind a Crash Claim
Minimum coverage is a floor, not a measure of your claim. Missouri’s required limits are $25,000 for one person, $50,000 for two or more persons in one accident and $25,000 for property of others (RSMo § 303.190).
If a crash leaves you with more bills than the other driver’s policy pays, uninsured motorist coverage under RSMo § 379.203 may matter. Before accepting a payment, ask an attorney to check every policy that could apply.
The Court and Hospitals Behind a Belton Claim
Cass County is the county the Census Bureau assigns to Belton. For Cass County, the Missouri court directory shows the 17th circuit court in Harrisonville, at 2501 West Mechanic, Harrisonville, MO 64701. Belton Regional Medical Center in Belton appears on the state list of trauma centers as a Level III trauma center.
Whichever provider treated you, request your complete records and an itemized bill, and keep a list of every appointment. If you were transferred to another hospital, ask for the paperwork from both ends of the transfer.
How To Take The First Step In Belton
Use the form at the top of the page to tell us what happened. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Missouri. There is no charge to submit it, and submitting it does not hire anyone.
Meanwhile, jot down the facts while they are fresh: date, time, place, who was there, what care you have had and what work you have missed. Save every bill and every message from an insurer.
Frequently Asked Questions
Can I recover punitive damages in an injury case?
Sometimes. They are limited to the greater of $500,000 or five times the net judgment (RSMo § 510.265), and a defendant is only severally liable for the percentage of punitive damages attributed to it (RSMo § 537.067).
How much insurance does the other driver have to have?
At least $25,000 for bodily injury or death to one person, $50,000 for two or more persons in one accident, and $25,000 for property of others (RSMo § 303.190).
What should I save for my claim?
Save treatment records and bills, photographs, the report number if there is one, pay stubs that show lost work, estimates for repairs, and every letter or email from an insurance company.
Should I speak with the other driver’s insurance company?
You are free to talk to them, but you are not required to give a recorded statement immediately. Saying that you want advice first is a reasonable answer.
What if a city, county or the State caused my injury?
Yes. Missouri waives immunity only for injuries from the negligent operation of motor vehicles by public employees and from a dangerous condition of public property (RSMo § 537.600). The recovery is limited by statute and punitive damages are not allowed (RSMo § 537.610).
How long will my injury claim take?
There is no fixed time. Claims often wait until you finish treatment so the total losses are known, and cases that go to court take longer than ones that settle.
How long do I have to file an injury lawsuit in Missouri?
Generally five years (RSMo § 516.120). Assault, battery and false imprisonment have two years (RSMo § 516.140), and a wrongful death action has three years (RSMo § 537.100).
Can I still recover if the accident was partly my fault?
Possibly. A product liability claim allows recovery reduced by your share (RSMo § 537.765). For other claims, an attorney has to tell you which rule applies, and percentages of fault among defendants are used under RSMo § 537.067.
If You Were Hurt Somewhere Else In Missouri
The same matching service covers more of Missouri. Pick the community closest to where it happened.
