- Understanding Negligence in Personal Injury Cases: How It Affects Your Claim - Ryan R. Cox & Associates, LLC

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If you get hurt because someone else was careless, you might have a personal injury case. A big part of these cases is something called “negligence.”

How is negligence determined? Why is it so important in personal injury cases such as car accidents, slips and falls, or other injury-producing incidents?

What is Negligence in Missouri?

Negligence happens when someone doesn’t take enough care to prevent harm, such as if someone isn’t paying attention and causes a car accident.

Generally, in legal terms, negligence is when someone fails to act as a careful person would in the same situation. If this carelessness causes someone to get hurt, the injured person can ask for compensation for their harms and losses caused or contributed to be caused by the injury-producing incident.

How is Negligence Determined in Missouri?

To prove negligence in a personal injury case, you need to show a few things:

  1. Duty of Care: The person who caused your injury had a responsibility to be careful, like how drivers must drive safely to avoid accidents.
  2. Breach of Duty: The offender didn’t meet their duty of care.  For example, they were texting while driving.
  3. Cause: The offender’s actions caused or contributed to cause your injury.
  4. Damages: You were hurt or had other losses because of what the offender did or failed to do.

Types of Personal Injury Cases Involving Negligence

Negligence can show up in different ways, such as:

  • Auto Accidents: When someone drives recklessly or under the influence.
  • Slip and Fall Accidents: When a store doesn’t clean up a spill and you fall.
  • Catastrophic Injuries: When a company doesn’t warn about a dangerous product.

Proving Negligence in Your Case

Showing negligence isn’t always easy. It often needs:

  • Evidence: Such as photos from an accident scene or medical reports.
  • Witness Statements: People who saw what happened and can help tell the story.
  • Expert Opinions: Sometimes, specialists like doctors or accident reconstruction experts are needed to explain how the negligence led to your injury.

The Role of Your Legal Team

A lawyer can help you in these cases. He or she can:

  • Gather Evidence: Collect everything needed to prove what happened.
  • Talk to Witnesses: Find and speak with people who saw the incident.
  • Work with Experts: Work with experts to help prove your case.
  • Fight with Insurance Companies: Fight against the insurance companies and work to get you a fair deal.

Contact a Personal Injury Lawyer in St Charles, MO

Understanding negligence is key in personal injury cases. It’s the main reason someone might owe you money for your injury.

Proving negligence is essential for getting the compensation you deserve and need after getting hurt.

If you’re dealing with an injury and think someone else’s carelessness is to blame, contact us. We can discuss your options and what to do next.

FAQs

  1. What should I do if I think my injury was caused by someone else’s negligence? Get medical help first, then consider talking to a lawyer about your situation.
  2. Can I handle a negligence case on my own? These cases can be complex. A lawyer can help you gather evidence and deal with insurance companies.
  3. What kind of evidence is helpful in a negligence case? Photos, witness statements, and medical records, to name a few, are all important.