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Your Ozark 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 Christian County sits in Ozark, at 102 W. Walnut Street, Ozark, MO 65721. 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 Ozark, 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.
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.
Before You Hire: Questions For An Ozark Attorney
Whoever you speak to, a few answers tell you a lot:
- 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).
- 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).
- Claims against the government. Ask whether a public body could be responsible. Missouri waives sovereign immunity 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), and to the extent of the liability insurance the public body buys (RSMo § 537.610).
- 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.
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
Falls on someone else’s property usually depend on what the owner knew or should have known about the hazard. Photograph the spot before it changes, report the fall in writing, and keep the shoes you were wearing.
Wrongful death
When a death is caused by someone else’s wrongful act or neglect, the claim works differently from an injury claim. 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.
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Who Pays When Fault Is Split
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.
Extra Damages And Government Claims
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.
How Long You Have To File
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.
Insurance Minimums in Missouri
Missouri requires an owner’s motor vehicle liability policy to carry limits of at least $25,000 for bodily injury or death to one person in any one accident, $50,000 for two or more persons, and $25,000 for injury to or destruction of property of others (RSMo § 303.190). Those are minimums, and a serious injury can cost far more.
Your own policy matters too. An automobile liability policy issued for delivery in Missouri must include uninsured motorist coverage, subject to the terms of the statute (RSMo § 379.203). Ask your attorney to look at every policy that could apply.
Courts and Hospitals Near Ozark
Ozark lies in Christian County, according to Census Bureau place and county names. The Missouri court directory lists the 38th circuit court for Christian County in Ozark, at 102 W. Walnut Street, Ozark, MO 65721. The state list of trauma centers names Cox Medical Centers South Hospital in Springfield, in Greene County, as a Level I trauma center. That list also names Mercy Hospital Springfield in Springfield, in Greene County, as a Level I 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 Ozark
Fill in the form at the top of this page. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Missouri. The form is free to use, and sending it does not mean you have hired anyone.
Before the first call, collect the basics: the date, the place, names of witnesses, your medical visits and your missed work. A single folder for bills, letters and photographs saves time later.
Frequently Asked Questions
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).
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.
Do I have to give the other insurer a recorded statement?
Not right away. You may decline a recorded statement until you have talked to someone about your options, and saying so is fine.
Is a claim against a public body different in Missouri?
It is. Sovereign immunity is waived for vehicle operation, for dangerous conditions of public property (RSMo § 537.600) and to the extent of liability insurance the body buys (RSMo § 537.610), and the amount that can be awarded is limited (RSMo § 537.610).
How long does an injury settlement take?
It varies with the injury and the insurer. Many claims wait until treatment has finished so the full cost is known, which can take months, and a lawsuit takes longer.
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).
Does Missouri count my share of the blame?
For a product liability claim, yes: fault chargeable to the plaintiff diminishes the damages proportionately and does not bar recovery (RSMo § 537.765). In other tort cases the jury’s percentages decide what each defendant owes (RSMo § 537.067).
Serving Injured Clients Across Missouri
If your injury happened outside Ozark, one of these pages may fit better.
