Personal injury cases can include car accidents, slip and falls, or medical malpractice. In these cases, the victim suffers harm due to another party’s careless or reckless behavior. One key aspect needed in order for a victim to win a personal injury case is proving negligence. Negligence means that the defendant failed to act with the level of care that a reasonable person would have in a similar situation, which led to the injury. In Missouri, if you are unable to prove negligence, it is unlikely that the court will hold the defendant responsible or award compensation. In this blog, we will be going over the four different elements that must be present in order to prove negligence occurred in a personal injury case in Missouri.
1. Duty of Care
The first aspect that must be identified in a personal injury case is duty of care, which varies depending on the type of case.
Here are some common examples in Missouri personal injury cases:
- Drivers: For cases involving car accidents, drivers have a duty of care to operate their vehicles safely and follow traffic laws to protect others on the road.
- Property Owners: For cases involving injuries on another’s property, property owners have a duty of care to maintain safe conditions on their property. Such as repairing hazardous conditions or warn visitors of potential dangers (like slippery floors).
- Medical Professionals: For cases involving medical malpractice, doctors, nurses, and other healthcare providers owe a duty of care to their patients, meaning they must provide treatment that meets the standard of care expected in their field.
In order to show that the defendant had a duty of care to the victim, the victim must demonstrate the relationship between them. This could be a driver’s duty of care if it is vehicle-related or a property owner’s duty of care if an injury occurred on someone else’s property. Whatever the case is, it is likely there is a duty of care involved.
2. Breach of Duty
After a duty of care is established in a personal injury case, the next step is determining a breach of duty. This is when someone fails to fulfill the standard of care expected of them in a given situation. Breach of duty is key in proving negligence because it shows that the defendant’s actions fell short of their legal responsibility to protect the safety of others.
Several actions can be considered a breach of duty including:
- Reckless or Distracted Driving
- Failure to Maintain Property
- Medical Malpractice
Strong evidence is needed in order to prove that the breach of duty occurred. This can be anything from accident reports, witness reports, and medical records, to photos and videos. Any documentation that can prove the defendant’s actions breached their duty of care is key in personal injury cases.
3. Causation
Once the breach of duty or action the defendant took is determined, the victim will need to prove how that action caused the injury sustained. In a personal injury case, proving causation is essential because it shows that the defendant’s breach of duty directly resulted in harm to the victim.
Two types of causation must be proven in a personal injury claim:
- Cause in Fact (Actual Cause): This is the link between what the defendant did and the injury that happened. It answers the question: “Would the injury have happened if the defendant hadn’t done what they did?” If the answer is no, then the defendant’s actions are the direct cause of the injury.
- Proximate Cause (Legal Cause): Proximate cause asks whether the injury was a predictable result of the defendant’s actions. Even if the defendant’s actions contributed to the injury, the law looks at whether it was reasonable to expect that their actions would directly cause harm. If the injury was too far removed or unexpected, it might not be considered the legal cause.
4. Damages
After all other factors have been proven and presented, the victim will decide what to seek in damages. Damages are the compensation the injured party seeks for the harm they’ve suffered due to the defendant’s negligence. The types of damages sought after depend on the case. They can be economic damages which are numerical out-of-pocket expenses the plaintiff has incurred due to the injury, an example would be medical bills. It can also be non-economic, which is compensation that covers intangible losses that affect the plaintiff’s quality of life, such as pain and suffering.
Strengthening Your Case for Maximum Compensation
Proving negligence in a Missouri personal injury case involves three key elements: establishing a duty of care, demonstrating a breach of that duty, and showing causation. Each of these elements plays an important role in building a strong case and ensuring that victims receive the compensation they deserve. It is also extremely important to gather solid evidence to support your case while navigating through personal injury claims. If you’re facing the challenges of a personal injury case, don’t hesitate to reach out to Wegmann Law Firm. At Wegmann Law Firm, we offer a wide range of personal injury solutions tailored to your specific needs. With our experienced legal team by your side, we are confident in our ability to secure the best possible outcome for your case. You can contact us by phone at (636) 452-2661 or request a consultation through our website.
