Understanding Comparative Negligence in Personal Injury Cases in Missouri

February 21, 2025

Understanding Comparative Negligence in Personal Injury Cases in Missouri

When pursuing a personal injury claim in Missouri, understanding comparative negligence is crucial. Missouri follows a pure comparative negligence rule, which means that even if you are partially at fault for an accident, you may still recover compensation. However, your total damages will be reduced by your percentage of fault. At Allen Injury Law, LLC, we assist clients in navigating this complex legal principle to ensure they receive the compensation they deserve.


How Comparative Negligence Works in Missouri


Under Missouri Revised Statutes Section 537.765, the state’s comparative negligence law applies to personal injury cases, including car accidents, slip and falls, and workplace injuries. Here’s how it works:

  • Determining Fault: Each party involved in an accident is assigned a percentage of fault.
  • Compensation Reduction: The compensation awarded is reduced based on the injured party’s percentage of fault.
  • No Bar to Recovery: Even if you are 99% at fault, you can still recover 1% of the damages from the other responsible party.

For example, if you are awarded $100,000 in damages but found 30% at fault, your compensation will be reduced to $70,000.


Proving Fault in a Comparative Negligence Case


To maximize compensation in a personal injury claim, gathering strong evidence is essential. This includes:

  • Witness statements confirming the other party’s negligence
  • Surveillance footage or photos documenting the accident scene
  • Medical records proving the extent of injuries
  • Expert testimony supporting your case


At Allen Injury Law, LLC, we work to challenge unfair fault assignments and ensure our clients receive the compensation they deserve.


Why Legal Representation Matters


Insurance companies often attempt to shift more blame onto the injured party to reduce their payout. Without legal representation, you may end up with significantly less compensation than you deserve. A personal injury attorney can:



  • Negotiate with insurance companies on your behalf
  • Collect and present strong evidence to minimize your fault percentage
  • Advocate for your best interests in court if necessary


If you’ve been injured in an accident and are concerned about how comparative negligence might affect your case, Allen Injury Law, LLC is here to help. Contact us today to discuss your legal options.

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