Personal injury lawyer help in Hickory County, Missouri

Hickory County, Missouri includes 7 named communities, the largest being Hermitage. Whether an accident happened on a county road, in a small town or in one of the larger communities, the same Missouri rules apply: a 5-year filing deadline for most injury claims, pure comparative negligence, and lawsuits filed in the Hickory County Circuit Court. This page is the county-wide guide, with links to a page for each community.

You describe what happened anywhere in Hickory County using the free claim review form, and your request may be shared with participating attorneys or legal services partners who handle that type of matter in Missouri. Submitting a request does not hire an attorney, and everything below is general legal information, not legal advice about your specific situation.

Each community below has its own guide with the local court, insurance rules and every type of injury claim.

• Hermitage, MOpop. 458

Smaller communities in Hickory County include Cross Timbers, Pittsburg, Preston, Quincy, Weaubleau, Wheatland. Residents of these areas follow the same Missouri rules, use the same Hickory County Circuit Court, and can request a free claim review from anywhere in the county.

Missouri generally gives an injured person five years from the date of injury to file a personal injury lawsuit (RSMo § 516.120); medical malpractice is different (two years — NOT the five-year general period — with a 10-year outer limit (RSMo § 516.105)). A wrongful death claim has its own deadline: three years — NOT the five-year general period (RSMo § 537.100), running from the death. For an injured child: The clock pauses until 21 for most injury claims (RSMo § 516.170), and a child injured by malpractice has until their 20th birthday (§ 516.105). Note that the pause does NOT extend a wrongful death claim. The five-year period is the general negligence rule. Medical malpractice is two years and wrongful death is three, so the headline number does not apply to every claim. Claims against a city, county, school district or state agency follow a separate deadline: 90 days to the mayor for street, sidewalk and bridge claims (RSMo § 82.210). Once the deadline passes, the Hickory County Circuit Court will dismiss the case regardless of how clear the fault was, so the practical rule in Hickory County is to get legal advice early.

Missouri follows pure comparative negligence, a rule set by the courts in Gustafson v. Benda (Mo. 1983) rather than by statute. In plain terms, you can recover damages even if you were mostly at fault, but your award is reduced by your percentage of fault. Insurance adjusters apply this rule from the first phone call, which is why the way an accident is described and documented in the days after it happens in Hickory County has a direct effect on what a claim is worth.

After a crash in Hickory County, the at-fault driver's liability insurance is the primary source of compensation. Missouri requires drivers to carry only 25/50/25 in coverage (thousands of dollars for bodily injury per person, per accident, and property damage), which serious injuries quickly exhaust. Underinsured motorist coverage on your own policy and claims against additional responsible parties often make the difference in Hickory County cases.

Lawsuits arising from accidents in Hickory County are typically filed in the Hickory County Circuit Court, the trial court of general jurisdiction for Hickory County, although cases can sometimes be filed where the defendant resides or does business, and claims against out-of-state trucking companies or manufacturers may end up in federal court. Most claims settle before trial, but the credible ability to try a case in Hickory County is what moves insurers to pay fair value.

Employees injured on the job in Hickory County are generally covered by Missouri workers' compensation, administered through the Missouri Division of Workers' Compensation. Report the injury to your employer within 30 days, in writing — that notice deadline is short and missing it can end the claim before it starts — then file the formal claim within two years. Workers' compensation does not pay for pain and suffering, so when a third party such as a subcontractor, driver or equipment manufacturer caused the injury, a separate personal injury claim is often worth pursuing alongside it.

• Polk County, MO
• Dallas County, MO
• Benton County, MO
• Saint Clair County, MO

See the Missouri personal injury guide for every county in the state.