Personal Injury Laws in Missouri

Personal Injury Law in Missouri: Overview

Missouri follows a pure comparative fault system, allowing plaintiffs to recover damages regardless of their percentage of fault. The state has a five-year statute of limitations for most personal injury claims, which is among the longest in the country. Missouri imposes caps on non-economic damages in personal injury cases, which have been upheld as constitutional. The state is a fault-based jurisdiction for auto accidents and does not use no-fault insurance. Missouri has specific provisions regarding joint and several liability, with defendants liable only for their proportionate share of fault. The state's major metropolitan areas of St. Louis and Kansas City handle significant volumes of personal injury litigation, and Missouri has been the subject of venue reform to address forum shopping concerns.

Key Statutes & Deadlines

Pure Comparative Fault with Several Liability

Missouri uses pure comparative fault, meaning a plaintiff can recover damages even when mostly at fault. However, Missouri has abolished joint and several liability in most cases, making each defendant liable only for their proportionate share of fault. This means that even if a defendant is fully solvent and other defendants are not, each defendant pays only their allocated percentage of damages. The jury allocates fault percentages among all parties, including the plaintiff, named defendants, and settling parties. This system places the risk of uncollectable shares on the plaintiff rather than on solvent defendants.

Non-Economic Damage Caps

Missouri imposes statutory caps on non-economic damages in personal injury cases. The cap is set by statute and adjusted for inflation. In medical malpractice cases involving catastrophic injuries resulting in death or permanent injury, the cap is higher. The Missouri Supreme Court upheld the constitutionality of the damage cap in Watts v. Lester E. Cox Medical Centers (2012), overruling a prior decision that had struck it down. Economic damages including medical expenses, lost wages, and loss of earning capacity remain uncapped. The cap applies per plaintiff per occurrence.

Venue Reform

Missouri enacted venue reform to address concerns about cases being filed in plaintiff-friendly jurisdictions, particularly the City of St. Louis, which had been the subject of significant controversy regarding out-of-state plaintiffs filing claims there. The reforms require that at least one plaintiff reside in the county or that a substantial part of the events giving rise to the claim occurred in the county. These changes significantly reduced the filing of mass tort and pharmaceutical cases in St. Louis by out-of-state plaintiffs and brought Missouri's venue rules more in line with other jurisdictions.

Missouri Court System

Missouri's Circuit Courts serve as the trial courts of general jurisdiction for personal injury cases. The state has 46 judicial circuits covering 114 counties plus the City of St. Louis. Associate Circuit Divisions handle smaller claims. Appeals go to one of three districts of the Missouri Court of Appeals, and further review is available from the Missouri Supreme Court. Civil juries consist of 12 members in Circuit Court, and verdicts require a three-fourths majority (9 of 12). Missouri has pretrial conferences and encourages mediation and settlement.

Damages & Penalties

Missouri allows full recovery of economic damages without statutory caps. Non-economic damages are subject to the statutory cap described above. Punitive damages are available when the defendant acted with complete indifference or conscious disregard for the safety of others and require proof by clear and convincing evidence. Punitive damages are capped at the greater of five times the net amount of the judgment or $500,000 in most cases. Missouri abolished the collateral source rule by statute, allowing evidence of collateral source payments to reduce damages. Pre-judgment interest is available at 9% per annum from the date the verdict is rendered. Missouri also recognizes loss of consortium claims.

Recent Legislative Changes

Missouri's venue reform and damage cap provisions continue to shape the litigation landscape. Recent court decisions have addressed the scope of the comparative fault statute, the application of the non-economic damage cap to various types of claims, and the standards for punitive damages. The legislature has also addressed distracted driving and rideshare liability.

Frequently Asked Questions