Missouri

Find an Attorney in Missouri

Missouri pairs pure comparative fault with a 5-year personal-injury statute of limitations — one of the longest in the country. Combined with statutory med-mal caps and a Castle Doctrine self-defense framework, Missouri’s legal landscape rewards local counsel who knows the St. Louis, Kansas City, and Greene County court cultures.

Practice areas in Missouri

Common questions about Missouri attorneys

Five years from the date of injury under RSMo § 516.120 for most negligence claims — one of the most generous SOLs in the country. Medical malpractice has its own 2-year SOL under RSMo § 516.105, with a 10-year statute of repose. Claims against the State require a 90-day notice under RSMo § 537.600 et seq., and damages are capped under the State Legal Expense Fund.
Under RSMo § 537.765, Missouri uses pure comparative fault. Even if you’re 99% at fault, you can still recover 1% of your damages. Missouri is one of about 13 states using this rule. The jury assigns percentages to each party, and your award is reduced by your share. In contrast, modified-comparative states like Kansas and Texas bar recovery once plaintiff fault hits 50% or 51%.
Yes — RSMo § 538.210 caps non-economic damages at approximately $400,000 for non-catastrophic cases and $700,000+ for catastrophic cases (involving quadriplegia, paraplegia, brain injury, severe burns, or death). The caps are indexed annually for inflation. The Missouri Supreme Court has upheld the post-2015 statutory caps after striking down earlier versions in Watts v. Lester E. Cox Medical Centers (2012).
RSMo § 563.031 codifies expansive self-defense rules in Missouri. There’s no duty to retreat in any place you’re lawfully present, and the Castle Doctrine creates a presumption of reasonable fear when someone unlawfully enters your home, vehicle, or place of business. The 2016 amendments expanded these rules further. Missouri also recognizes self-defense as both criminal and civil immunity in qualifying circumstances.
Missouri workers’ comp runs through the Division of Workers’ Compensation under RSMo § 287. You file a claim, attend a pre-hearing conference, and proceed to a hearing before an Administrative Law Judge if not resolved. Income benefits are two-thirds of average weekly wage up to a state maximum. The Second Injury Fund (RSMo § 287.220) covers pre-existing disability components, though the Fund has had significant solvency issues.

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