What Pure Comparative Fault Means
Missouri is one of a minority of states that follows pure comparative fault. Under this rule, your compensation is reduced by your share of the blame, but you are never barred from recovering simply because you were mostly at fault. This stems from the Missouri Supreme Court's decision in Gustafson v. Benda, which adopted comparative fault for the state.
How It Works in Practice
Suppose your total damages are $100,000 and a jury finds you 30% at fault. You would recover $70,000 — your damages reduced by your 30% share. In a modified comparative fault state, a plaintiff over 50% at fault recovers nothing, but Missouri imposes no such cutoff.
Why Insurers Exploit Fault
Because every percentage point of fault assigned to you lowers what they pay, insurance companies work hard to shift blame onto injured claimants. They may argue you were speeding, distracted, or failed to avoid the crash. An experienced attorney pushes back with evidence to keep your fault share as low as possible.
Comparative Fault and Multiple Parties
When several parties share blame, Missouri allocates fault among all of them. This matters in multi-vehicle pileups and cases involving both a negligent driver and, say, a government entity responsible for a dangerous road.
Injured in Missouri? Get Your Free Case Review Today
If you or a loved one was hurt because of someone else's negligence anywhere in Missouri, Injury Claim Team can connect you with an experienced personal injury attorney at no cost. Our network lawyers work on contingency — you pay nothing unless they win. Call 973-566-5599 or request your free, confidential review and a specialist will reach out within the hour.
Frequently Asked Questions
Most Missouri personal injury claims must be filed within five years of the injury, but wrongful death (three years) and medical malpractice (two years) have shorter deadlines, and government claims require early notice. Don't wait to seek advice.
While not legally required, an experienced attorney typically recovers significantly more than unrepresented claimants — and our network lawyers charge no fee unless they win, so there's no upfront risk.
Nothing. Injury Claim Team offers free, confidential case reviews, and network attorneys work on contingency. You pay nothing unless they recover compensation for you.