Is Missouri a Pure Comparative Negligence State?

When people are hurt in accidents, one question often comes up: Is Missouri a pure comparative negligence state? The answer is yes. This rule plays a significant role in calculating compensation after an accident. In Missouri, each person’s share of responsibility affects how much they can recover. Knowing how this works is essential for anyone pursuing a personal injury claim. 

At Montee Law Firm, we help clients in St. Joseph understand their rights and fight for fair compensation. Working with a dedicated St. Joseph personal injury lawyer ensures that your side of the story is heard and that your recovery reflects the facts, not assumptions. We aim to ensure that every client feels supported and informed through every stage of their case, from the initial consultation to the final settlement or trial.

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What Is Pure Comparative Negligence?

Missouri is a pure comparative negligence state, meaning you can still recover money even if you were partly at fault. Your compensation simply decreases by the percentage of your responsibility. For example, if you’re 20% at fault in a crash, you can still collect 80% of your damages. This law promotes fairness and accountability, recognizing that accidents are rarely one person’s fault. 

It also helps ensure that victims who make a minor mistake are not completely denied the ability to recover damages. This balance encourages both sides to take responsibility for their actions while protecting injured individuals’ rights.

How Missouri Applies Pure Comparative Negligence in Personal Injury Cases

Under Missouri Revised Statutes § 537.067, compensation in an injury case is reduced in proportion to a person’s fault. This rule applies to car crashes, slip and fall accidents, and workplace injuries, covering nearly every negligence-based claim. Because Missouri follows a pure comparative negligence model, you can still seek damages even if you’re 99% responsible for an accident. Unlike other states with stricter thresholds, Missouri’s approach gives injured people a fair chance to recover something for their losses. 

This flexibility helps ensure that even those facing strong opposition from insurance companies can confidently pursue justice, knowing the law supports partial recovery and fairness for all parties involved.

Determining Fault and How It Impacts Compensation

Determining fault is one of the most complicated parts of an injury claim. Insurance companies, attorneys, and judges look at the facts to decide how much blame each person should bear. Even a slight shift in the fault can affect the amount you receive. That’s why having a legal team that understands comparative negligence is so important. 

They can ensure your share of responsibility isn’t exaggerated, protecting the compensation you deserve. Your lawyer will gather evidence, consult experts, and negotiate on your behalf, ensuring that your contribution to the accident is accurately represented.

Evidence Used to Establish Fault Percentages

Fault is proven through clear, detailed evidence. Police reports, witness statements, photos, medical records, and accident reconstruction findings all help paint the whole picture. Expert testimony may also explain how an accident occurred and who contributed to it. The stronger your evidence, the better your chances for a fair outcome under Missouri’s pure comparative negligence law. 

Documentation is especially important in cases where fault is heavily disputed. Collecting every detail, such as weather conditions and traffic patterns, can strengthen your position and improve your recovery outcome.

Comparative Negligence in Common Missouri Cases

This rule often appears in car accidents, slip-and-falls, and workplace injuries. A driver who speeds but is hit by someone running a red light may share some blame, or a shopper who slips despite warning signs could share some responsibility. 

Comparative negligence means each person is accountable for their actions and how they contribute to an accident. Missouri’s system allows injured people to recover compensation even if they share fault, ensuring one mistake doesn’t erase their right to justice. It reflects the state’s ongoing commitment to fairness and balanced outcomes, where everyone’s role is evaluated thoughtfully before deciding the result.

Talk to a St. Joseph Personal Injury Lawyer About Your Case

Accidents are complicated, and determining fault shouldn’t work against you. At Montee Law Firm, we carefully review every detail of your case and challenge unfair blame assignments. Missouri’s comparative negligence law means you have options, even if you share some responsibility.

Don’t let uncertainty keep you from pursuing fair compensation. Our team provides honest answers and fights to protect what you deserve.

Contact us at (816) 364-1650 to discuss your case. We’ll explain your rights, review your situation, and confidently help you move forward.

James Montee

James Montee, founder and managing partner of the Montee Law Firm, has dedicated his career to representing accident victims across Missouri and Kansas. Since establishing the firm in 1996, he has recovered more than $300 million in verdicts and settlements, including numerous million-dollar cases. Recognized as Missouri’s Winningest Lawyer in 2013, James brings decades of experience and a strong commitment to maximizing results for his clients.

free case consultation call us: (816) 364-1650

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