Missouri and Illinois both recognize comparative fault. However, there is a difference between the two states. Missouri is known as a pure comparative fault state. As such, an individual can recover for the portion of their injuries in relation to the degree of fault of the other party. This can mean that the injured party may recover against the other party for 75% of their injuries if the other party is 75% at fault. Furthermore, in Missouri,an injured party may recover for 2% of their injuries even if the injured party was 98% at fault, and the other party was 2% at fault.
Conversely, in Illinois where modified comparative fault is recognized, if the trier of fact finds that the injured party is more than 50% at fault then the injured party is barred from recovering damages from the other party. If the injured party is less than 50% at fault then the injured party can recover according to their percentage of fault.
The personal injury attorneys at Meyerkord & Kurth are experienced with motor vehicle accident claims and can help you or someone you know who has been in a motor vehicle accident. We have a track record of recovering millions of dollars due to car accidents and helping clients recover from their traumatic experience. Our personal injury attorneys are licensed in Missouri and Illinois. We have logged thousands of hours on the phone with insurance companies and recovered millions of dollars for medical bills, pain and suffering, and property damage. We have over 95 years of combined experience. Please contact us at (314) 300-3000 or (800) 391-4318 for a no-obligation assessment of your potential motor vehicle case.
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