What is a Tort Case, and What Does It Involve in Missouri?

Torts are generally considered civil misdeeds perpetrated by one individual to another. These crimes typically 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 may be appealed to the higher courts of jurisdiction. Claimants may file a tort case in any of the 114 circuit courts in each state county. During the court proceedings, the complainant or legal counsel is typically required to prove that the damages sustained directly result from the tortfeasor’s actions.

Records that are considered public may also be accessible from some third-party websites. These websites usually streamline the inquiry process by aggregating records from various geographic locations and allowing users to perform multi-record searches. To search using a third-party site, interested parties are typically expected to 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 in which the person resides or was accused.

These sites operate independently of government sources and are not sponsored by government agencies. Thus, the accuracy and validity of these records may not be guaranteed. 

What is Missouri Tort Law?

Tort Law is a subsection of Missouri Revisor Statutes that deals 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. Typical examples of these cases include :

• 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 typically do not require 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. However, an injury, or lack of one is not the focus of a criminal case. In civil procedure, the harm may be aimed at others, at oneself, or have the potential for harm. 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 typically 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 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 government establishments from criminal charges and civil penalties. In effect, sovereign immunity typically 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 may 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.

Claimants 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 may be mailed to:

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

After filing, the complaint is typically assessed based on the evidence submitted by the applimayt. If inaccurate or incomplete information is provided, claimants are informed about the additional information required in writing.

The Division of Workers’ Compensation typically makes an administrative decision after a lawsuit is reviewed. This may be to either decline compensation or grant it in a certain sum of dollars, not surpassing $300,000. Suppose the defendant is dissatisfied with the decision; 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) regarding the filing of tort lawsuits. Therefore, potential plaintiffs are generally encouraged to file their lawsuit promptly if they have a valid complaint against the department.

What Does a Tort Claim Contain in Missouri?

A tort claim generally contains 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?

Once a tort claim is filed in Missouri, the trial begins. Typically, the trial progresses 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, gives interpretations, and provides evidence. Thirdly, witnesses are presented for direct and cross-examination after being put through the swearing process. After that, both parties are expected to 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 complexities involved in a tort case, individuals who plan to file these lawsuits are generally encouraged to seek assistance from a personal injury attorney. An experienced Missouri personal injury/tort lawyer possesses an in-depth knowledge of the state’s system and laws. They may 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 may 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 may filter the search results by county. Alternatively, individuals may obtain a list of recommendations from the local court clerk in the area.