Proving Negligence

When litigating a personal injury claim, one of the first and most crucial tasks for your attorney is proving negligence. There are several elements that must be proven and, if done well, can significantly increase the value of your case.

Negligence is the failure to exercise reasonable care, resulting in harm to another person. In Missouri, the following elements must be clear to prove negligence:

• Duty of Care – Simply put, this means the defendant had a legal obligation to behave in a way that would not harm others. When driving, that could mean following traffic laws or driving safely. For a home or business owner, that could mean keeping floors clear of debris or liquids or having proper safety rails on staircases.
• Breach of Duty – Once duty of care is proven, you must then show that the defendant breached that duty. Basically, that requires showing that the defendant acted (or failed to act) in a way that fell short of that expected standard. If a driver was speeding and caused an accident, that could be considered a breach of their duty of care. If a grocery store owner failed to mop up standing water in a shopping aisle and someone fell, that could be considered a breach of their duty of care.
• Causation – After proving breach of duty, the plaintiff must show it was that breach that caused their injuries. Sometimes this is very straightforward. Other times this can be very complicated, and a thorough investigation must be carried out, in addition to hiring expert witnesses.
• Damages – The last element to be proven is that the plaintiff did in fact suffer damages because of the defendant’s negligence. Types of damages could include from pain and suffering, lost wages, medical expenses, etc. Having documentation proving these damages is essential and strengthens your case immensely.

An experienced personal injury attorney is required to handle your case properly. They will be able to perform an investigation into the circumstances surrounding the case to establish clear negligence. This could include talking to witnesses, getting copies of security camera footage, reviewing medical records and speaking with experts. Bringing that level of evidence to an insurance company will greatly increase the odds of a favorable settlement being reached. If after all that proof is provided the insurance company is still unwilling to give a fair offer, your attorney should be prepared to go to trial.

Personal injury cases involve a lot of emotional stress for our clients, in addition to their physical injuries. Finding an attorney who is compassionate and understands your position will help you endure this stressful process.

Daniel Finder at Finder Law, LLC has over 10 years of experience in litigating personal injury cases. He understands how difficult these situations can be and has the knowledge of how to navigate the process to increase the value of your case. He will be there to walk you through each step while fighting passionately for a fair settlement. Call our office today to set up a consultation.