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Discovery Process

Personal Injury Deposition in Missouri

A deposition is sworn out-of-court testimony taken during the discovery phase of yourMissouri personal injury case. What you say in a deposition is legally binding and can significantly impact your settlement outcome.

For informational purposes only. Not legal advice. Consult a licensed attorney.

Pure comparative fault

Fault System

$12,000 – $60,000

Avg Settlement

5 years

Filing Deadline

Deposition Tips for Missouri Injury Cases

Tell the Truth

You are under oath. Inconsistencies between deposition testimony and trial testimony destroy credibility and can sink your case.

Listen Carefully

Only answer the question asked. Do not volunteer information. If you do not understand a question, ask for clarification.

Take Your Time

Pause before answering. Your attorney can object before you respond. Never rush.

Say "I Don't Know"

If you genuinely do not remember or know, say so. Guessing can be used against you.

Review Records First

Review your medical records, accident report, and prior statements with your attorney before the deposition.

Fault Is Key

Under pure comparative fault, any admission of fault can reduce or eliminate your recovery.

Missouri Law Overview

Missouri uses pure comparative fault, permitting recovery even when the plaintiff bears the majority of fault, with damages reduced proportionally. Missouri's 5-year statute of limitations for personal injury is notably longer than most states, providing injured victims more time to pursue claims. Missouri is not a no-fault state. Missouri has undergone significant personal injury tort reform in recent years, including venue restrictions that limited the ability to file cases in plaintiff-friendly St. Louis City courts. Missouri courts see substantial mass tort litigation, including asbestos and talc-related claims that have historically been filed in St. Louis. Medical malpractice cases are subject to a separate 2-year statute of limitations. The Missouri Merchandising Practices Act provides additional remedies in consumer injury cases. Missouri caps noneconomic damages in medical malpractice cases at $400,000 for non-catastrophic injuries under § 538.210 RSMo. Punitive damages require clear and convincing evidence of intentional wrongdoing or conscious disregard.

Legal Injury GuideFor informational purposes only. Not legal advice. Consult a licensed attorney.