Personal Injury Mediation in Missouri
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Missouri, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Pure comparative fault
Fault System
5 years
Filing Deadline
$12,000 – $60,000
Avg Settlement
How Mediation Works in Missouri
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Missouri. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under pure comparative fault, fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Missouri Injury 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.