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Your Cape Girardeau 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 Cape Girardeau County sits in Jackson, at 203 North High Street, Jackson, MO 63755. To talk it through, send the form on this page and we will work to connect you with an attorney in our network.
Nobody plans for the call that follows an accident. Whether you were hurt in a crash, a fall or something else in Cape Girardeau, the weeks afterward bring decisions that feel bigger than they should. Here is what Missouri law says, in plain terms, so you can ask better questions.
Nothing on this page is legal advice, and NeedAnAttorney.net is not a law firm. It is a service that connects injured people with attorneys. The rules described here are quoted or summarized from Missouri’s own statutes so that you can check them yourself.
What To Ask Before You Choose An Attorney In Cape Girardeau
A short list of questions can sort out who is right for you:
- 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).
- Punitive damages. Ask whether the facts could support them. A Missouri award may not exceed the greater of $500,000 or five times the net judgment awarded to the plaintiff against the defendant (RSMo § 510.265).
- Who owes what. Ask how percentages of fault would apply to each person who may share the blame. In a Missouri tort action, a defendant found 51 percent or more at fault is jointly and severally liable, and a defendant found less at fault answers only for that percentage (RSMo § 537.067).
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
Kinds of Injury Claims
Vehicle crashes
After a crash, see a doctor even if you feel fine, since some injuries show up later. Take photographs of the cars, the road and any injuries, get the other driver’s insurance details, and save every repair estimate.
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
Wet floors, icy steps and broken railings cause injuries that turn on how long the hazard existed and who was responsible for it. Photograph the hazard as soon as you can and report the fall to whoever runs the property.
Wrongful death
If someone you love died because another person was careless or at fault, the law treats it separately. 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). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
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How Percentages Of Fault Are Used
Blame is counted by percentage in Missouri tort cases. A defendant with 51 percent or more of the fault answers for the whole judgment, and a defendant below that line answers for the share the jury finds (RSMo § 537.067). Punitive damages work differently, because defendants are only severally liable for the percentage of punitive damages attributed to them (RSMo § 537.067).
The statute also says no party may tell the jury what this rule means for the verdict (RSMo § 537.067). Because the shares matter, ask an attorney early who else could be named.
Extra Damages And Government Claims
If a city, county, school district or other public body may be responsible, special rules apply. Missouri waives sovereign immunity for injuries directly resulting from the negligent operation of motor vehicles by public employees and for injuries caused by the dangerous condition of a public entity’s property (RSMo § 537.600), and to the extent of the liability insurance the public body buys (RSMo § 537.610).
Recovery is limited. The statute sets $2,000,000 for all claims from a single accident or occurrence and $300,000 for any one person, adjusts those amounts each January, and does not allow punitive damages against a public entity (RSMo § 537.610).
Time Limits To Know
The standard deadline depends on the kind of claim: five years for an injury to the person that no other section covers (RSMo § 516.120), three years for wrongful death (RSMo § 537.100), and two years for assault, battery or false imprisonment (RSMo § 516.140).
When a defendant is absent from the state so that personal service cannot be had, that time does not count toward the wrongful death period (RSMo § 537.100). Because the limits differ by claim, ask early which one fits your facts.
Insurance Minimums in Missouri
The other driver’s policy may be smaller than your bills. Under RSMo § 303.190, the limits are $25,000 per person and $50,000 per accident for bodily injury or death, and $25,000 for property of others.
When your losses are larger, look at your own coverage. A policy delivered in Missouri must provide uninsured motorist coverage, and an insured vehicle counts as uninsured when its insurer cannot pay because of insolvency (RSMo § 379.203).
The Court and Hospitals Behind a Cape Girardeau Claim
The Census Bureau lists Cape Girardeau in more than one county: Cape Girardeau County and Scott County. The Missouri court directory lists the 32nd circuit court for Cape Girardeau County in Jackson, at 203 North High Street, Jackson, MO 63755. For Scott County, the Missouri court directory shows the 33rd circuit court in Benton, at 131 S. Winchester Street, Benton, MO 63736. The state list of trauma centers shows Saint Francis Medical Center in Cape Girardeau as a Level III trauma center.
Ask every provider for your full records and an itemized bill, and keep a running list of appointments. A transfer between hospitals leaves two sets of records, so request both.
Starting Your Claim Review In Cape Girardeau
Start with the form at the top. It asks a few questions about the injury. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Missouri. Using it is free, and it does not create an attorney client relationship.
While you wait, write down what happened and when, who saw it, what treatment you have received and how many days of work you missed. Put bills, letters and insurance messages in one folder.
Frequently Asked Questions
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.
Can I talk to the other side’s insurance company?
You can, but you do not have to give a recorded statement right away. It is fair to say you are getting advice first.
What if a city, county or the State caused my injury?
Yes. Missouri waives immunity for injuries from the negligent operation of motor vehicles by public employees and from a dangerous condition of public property (RSMo § 537.600), and to the extent of the liability insurance the public body buys (RSMo § 537.610). The recovery is limited by statute and punitive damages are not allowed (RSMo § 537.610).
What are the first steps after an accident?
See a doctor, report the accident to the right party, take photographs, and write down the details soon after. Then keep every bill and record together.
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).
If I was partly responsible, can I still recover something?
It depends on the kind of claim. In a product liability claim, fault chargeable to you reduces the damages in proportion and does not bar recovery (RSMo § 537.765). For other claims, ask an attorney which rule applies to your facts.
What limits apply to punitive damages in Missouri?
The greater of $500,000 or five times the net judgment awarded to the plaintiff against the defendant (RSMo § 510.265). The limit does not apply when the State is the plaintiff.
How much liability coverage must a Missouri driver carry?
The limits are $25,000 per person, $50,000 per accident and $25,000 for property of others (RSMo § 303.190).
Injury Attorney Pages For Other Missouri Communities
People are hurt in every part of Missouri. These pages cover other communities.
