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Your Independence 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 Clay County sits in Liberty, at 11 South Water, Liberty, MO 64068. To talk it through, send the form on this page and we will work to connect you with an attorney in our network.
Recovering from an injury is hard enough without legal confusion on top of it. If someone else’s carelessness hurt you in Independence, you are allowed to take your time understanding your options before you sign or say anything.
NeedAnAttorney.net is a matching service. It does not give legal advice about your case. What follows is general information about Missouri injury law, taken from the text of the statutes, so you know which questions to ask. The form at the top of the page connects you with an attorney when you are ready.
Before You Hire: Questions For An Independence Attorney
Ask these in any first conversation:
- The deadline. Ask for the specific last day to file, and which Missouri limit applies to your kind of claim. Five years is the general period for an injury to the person, and a wrongful death action has three years (RSMo § 516.120, RSMo § 537.100).
- 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).
- 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).
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
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
A collision on foot or on a bicycle is easy to dispute afterward. Record where it happened, what the road and signals were like, and who saw it, and keep any damaged clothing, helmet or equipment.
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 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). This is a hard moment to decide anything, and an attorney can walk you through the steps without hurrying you.
Injured in Independence? 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.
Punitive Damages And Public Claims
If a city, county, school district or other public body may be responsible, special rules apply. Missouri waives sovereign immunity only 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).
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).
How Long You Have To File
Time limits decide many injury cases. The usual Missouri rule for an injury to a person is five years (RSMo § 516.120), and a wrongful death action has three years (RSMo § 537.100). Missing the date usually ends the case.
Service has its own deadline in a wrongful death case. If the three years have run, service on a defendant must be made within 180 days of filing the petition, or the court dismisses the action (RSMo § 537.100).
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 Independence Claim
The Census Bureau lists Independence in more than one county: Clay County and Jackson County. The Missouri court directory lists the 7th circuit court for Clay County in Liberty, at 11 South Water, Liberty, MO 64068. For Jackson County, the Missouri court directory shows the 16th circuit court in Kansas City, at 415 E. 12th Street, Kansas City, MO 64106. Centerpoint Medical Center in Independence appears on the state list of trauma centers as a Level II trauma center.
Records matter later. Get the complete chart and an itemized bill from each place that treated you, and write down the date of every visit, including any transfer to another facility.
Reaching Out For Help In Independence
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.
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.
Is a claim against a public body different in Missouri?
It is. Sovereign immunity is waived only for vehicle operation and for dangerous conditions of public property (RSMo § 537.600), and the amount that can be awarded is limited (RSMo § 537.610).
What comes first after an injury?
Seek medical attention first. Then report what happened, photograph the scene and your injuries, and note the details in writing while they are fresh.
What is the Missouri statute of limitations for an injury claim?
Five years for an injury to the person under RSMo § 516.120. A claim accrues when the damage is sustained and capable of ascertainment (RSMo § 516.100).
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 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).
Help Elsewhere in Missouri
NeedAnAttorney.net connects injured people throughout Missouri with attorneys who handle cases in their area.
