What is a Tort Case, and What does it Involve in Missouri?

Torts are civil misdeeds perpetrated by one individual to another. These crimes cause a victim to suffer injuries or harm. Tort victims in Missouri are regarded as plaintiffs, while the party at fault is called the tortfeasor. The circuit courts in Missouri are tasked with resolving tort proceedings while judgments can be appealed to the higher courts of jurisdiction. Claimants can file a tort case in any of the 114 circuit courts located in each county of the state. During the court proceedings, the complainant or legal counsel must prove that the damages sustained are a direct result of the tortfeasor’s actions.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused of.

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

What is Missouri Tort Law?

Tort Law is a subsection of Missouri Revisor Statutes that deal with a party’s civil violations against another, entitling the victim to a claim which should not exceed $300,000. The laws, in chapter 537, allow individuals to file formal lawsuits against state entities within six months of the alleged injury.

What Kinds of Cases are Covered by Tort Law in Missouri?

Missouri’s circuit courts hear different kinds of tort cases every year. Examples of these cases are:

• Personal injury involving medical malpractice, product liability, or healthcare
• Cases involving motor vehicle product liability
• Airplane product liability
• Assault, Libel, and Slander

What are the Differences Between Criminal Law and Tort Law in Missouri?

There are key differences between criminal law and tort law, as seen within the state’s criminal law and civil proceedings. To start with, criminal proceedings do not need the permission of a complainant to be tried while in tort claims; it is the constitutional right of the plaintiff to file or not file a tort lawsuit. Wrongdoings in criminal law are defined publicly, but in tort, the same is viewed as personal. The injury is the reason for applying for a claim in tort cases, but it does not matter whether someone was injured in criminal matters. In civil procedure, the harm can be aimed at others, at oneself, or have only the capacity to do so. In other words, the damage is established based on the community’s social standards. Some offenses under criminal law usually lead to loss of rights or death. As such, criminal proceedings require more rigorous legal processes that seek to preserve the rights of the accused to a reasonable judgment. On the other hand, punishments for tort lawsuits are much more constrained in severity. Lastly, the claimant’s action makes no impact on the result of the criminal case, whereas, in tort law, it is relevant.

What is the Purpose of Tort Law in Missouri?

The Missouri Tort law ensures that victims are compensated for damages claimed. Furthermore, the law seeks to guarantee that the offender takes adequate responsibility for the incurred negligence. Tort laws are also used to serve as a deterrent to potential neglect or obligation and improve the community and industry standards.

What is a Tort Claim in Missouri?

The Tort Claims Act in Missouri is a rule aimed at dealing with the government’s sovereign immunity from civil litigation. “Sovereign immunity” is a legal concept that defends the government establishments from criminal charges and civil penalties. In effect, sovereign immunity makes it unlikely to sue the state until it agrees to the case. Several states, including Missouri, have passed regulations to help people keep the government responsible for neglect.

How Do You File a Tort Claim in Missouri?

Any person may file a tort case in Missouri. This can be initiated by contacting the court clerk in the circuit court to seek information about the procedure and guidelines for filing the claim. This is important since the methods are dependent on the type of tort case and vary by county. There are rules for filing each type of tort case. These details may be accessible on the circuit court’s webpage or at the clerk’s office.

Claimant filing a tort case through the Missouri Department of Labor may submit an application form in person to:

Division of Workers’ Compensation
Jefferson City
3315 West Truman Boulevard

The completed form can be mailed to:

Tort Victims’ Compensation Program,
P. O. Box 58, Jefferson City,
MO 65102.

After filing, the complaint will be assessed and based on the evidence submitted by the applicant. If not all the correct information is given, claimants will be told about the extra information required in writing by the department.

The Division of Workers’ Compensation will make an administrative decision after a lawsuit is reviewed. This may be to either decline compensation or granting it in a certain sum of dollars, not to surpass $300,000. Suppose the defendant is dissatisfied with its decisions. In that case, the administrative ruling may be appealed to the Administrative Law Judge, or the Labour and Industrial Relations Board may challenge the judge’s ruling. There are legal restrictions laid out in Section 537.684.2 of the MRS (Missouri Revised Statutes) for lodging a tort lawsuit. Therefore, you would want to file a lawsuit as soon as possible if you think you have a viable complaint against the department.

What Does a Tort Claim Contain in Missouri?

Tort claim must contain the following details:

• Complete names and postal address of the claimant
• The medical condition of the claimant
• The medical bills
• The lost income
• The nature of the accident or incident
• The nature of the case
• Insurance available to pay for hospital costs, disabilities, wage loss, etc.
• Other benefits available to the claimants (e.g., compensation for workers, social security)

What Happens after a Tort Claim is Filed in Missouri?

After a tort claim has been filed in Missouri, the trial begins. Generally, there the trial proceeds through six phases. Firstly, both parties or their representatives are allowed to question and hence select the jury. Secondly, the opposing parties, through their representatives, are permitted to make their opening statements. This is where the lawyer presents facts, give interpretations and provide evidence. Thirdly, witnesses will be presented for direct and cross-examination after being put through the swearing process. After that, both parties will enter their closing arguments to recap the claims and provide a summary. The last two stages concern the jury as they deliberate on the issue before giving a final verdict.

Why Do I Need a Personal Injury Lawyer for a Tort Claim?

Due to the intricacies involved in a tort case, persons who intend to file these lawsuits are advised to do so with a personal injury attorney’s help. An experienced Missouri personal injury/tort lawyer possesses an in-depth knowledge of the state’s system and laws. They can also offer information such as:

• How much damage to file for based on the case
• How to handle such as filing a tort claim late
• Whether to settle the case out of court or not

How Can I Find a Personal Injury Lawyer Near Me?

Interested persons may locate tort/personal injury lawyers through the Missouri Bar website. The site maintains a repository of state-approved attorneys, and users can filter the search results by county. Alternatively, individuals may obtain a list of recommendations from the local court clerk in the area.