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★ Missouri · fracture

Fracture settlements
in Missouri.

By 6 min read

Missouri applies pure comparative negligence with one of the longer US PI limitation windows (five years generally) and an inflation-indexed cap on medical-malpractice non-economic damages. For fracture claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Missouri's pure comparative negligence and any applicable statutory cap.

Missouri applies pure comparative negligence, which means a fracture claimant who is partly responsible for their own injury still recovers — the award is reduced by the percentage of fault attributed to them, but never barred. This is materially more claimant-friendly than the modified or contributory rules in neighbouring jurisdictions, and it shows up in fracture settlements where comparative fault is contested (the claimant who failed to mitigate, the unbelted occupant, the worker who departed from a safety protocol).

Missouri's caps (non-economic damages cap (med-mal)) apply to the non-economic component of fracture damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.

★ band · US federal frame
$15,000 – $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. Missouri's fault rule and any applicable cap then adjust the figure.

★ MO · statute of limitations
5 years for personal injury; 2 years for medical malpractice

Mo. Rev. Stat. § 516.120, § 516.105

★ MO · fault rule
Pure comparative negligence

Pure comparative negligence — Gustafson v. Benda (1983) abolished the contributory bar.

★ MO · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Missouri.

★ fracture · neighbouring jurisdictions

Compare to neighbours.

How Missouri's fault rule and limitation period compare to other US jurisdictions for fracture claims.

JurisdictionFault ruleLimitationFracture page
Missouri · you are herePure comparative negligence5 years for personal injury; 2 years for medical malpractice—
AlabamaPure contributory negligence2 years from date of injuryAL · fracture →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · fracture
ArizonaPure comparative negligence2 years from date of injuryAZ · fracture →
ArkansasModified comparative — 50% bar3 years for personal injury; 2 years for medical malpracticeAR · fracture →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · fracture →
ColoradoModified comparative — 50% bar2 years for personal injury; 3 years for motor vehicleCO · fracture →
ConnecticutModified comparative — 51% bar2 years from date of injuryCT · fracture →
DelawareModified comparative — 51% bar2 years from date of injuryDE · fracture
District of ColumbiaPure contributory negligence3 years from date of injuryDC · fracture →
FloridaModified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · fracture →
GeorgiaModified comparative — 50% bar2 years from date of injuryGA · fracture →
HawaiiModified comparative — 51% bar2 years from date of injuryHI · fracture
★ MO · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ all of MO
Missouri overview

Fault rule, statute, caps, and key facts for Missouri as a whole.

★ federal frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Missouri's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Missouri. See /methodology, /sources, and /disclaimer.