What Constitutes Negligence in a Personal Injury Case in Missouri?
Accidents happen every day. But, when an accident occurs due to someone’s negligence, the person impacted may be entitled to compensation for medical bills, lost wages, and other damages related to the accident by law. So, what does negligence mean in a personal injury case, and what should you know before you pursue a lawsuit? Keep reading to learn more.
In Missouri, negligence in a personal injury case typically involves the failure of a person or entity to exercise reasonable care, resulting in harm to another person. To establish negligence in Missouri, you and a reputable personal injury attorney must prove the following elements about your accident:
Duty of Care: The defendant owed a duty of care to the plaintiff. This duty is often based on the relationship between the parties or the situation’s circumstances.
Breach of Duty: The defendant breached that duty by failing to act as a reasonably prudent person would under similar circumstances. This breach could involve actions taken or not taken by the defendant.
Causation: The defendant’s breach of duty was the direct cause of the plaintiff’s injuries. There are typically two aspects of causation to establish: cause-in-fact (but for the defendant’s actions, the injury would not have occurred) and proximate causation (the injury was a foreseeable consequence of the defendant’s actions).
Damages: The plaintiff suffered monetary damages as a result of the defendant’s breach of duty. These damages include medical expenses, lost wages, pain and suffering, and other losses.
No two personal injury cases are identical, and the specific facts and circumstances surrounding the incident will determine whether negligence can be established. Additionally, Missouri follows a “comparative fault” system, which means that if the plaintiff is found to share some degree of fault for the accident, their recoverable damages may be reduced accordingly.
If you have been hurt or harmed due to another party’s negligence and need help, speak with a reputable personal injury attorney at The Goss Law Firm for a free, no-obligation case evaluation.
Compassionate Personal Injury Attorneys By Your Side
At The Goss Law Firm, you are more than a case number to us. Our personal injury lawyers are committed to making a difference in our clients’ lives by protecting their rights and helping secure the maximum compensation they need to move on with their lives.
Contact us today by submitting a form online or calling our office at 816-888-5000 for a free legal consultation.
