Negligence is a legal theory used to determine liability in a personal injury, criminal defense, or DWI case. A person is negligent when they fail to act, or overtly act, in a way that violates another person and causes injury, harm, or death. The state of Missouri upholds the legal theory known as "comparative negligence" which states that a person who is partially responsible for his or her own injuries is only liable to collect damages proportional to the defendant's degree of negligence.
To legally establish liability in a negligence case, several elements must be present and clearly demonstrated to the court. Our St. Charles County personal injury attorneys gather all of the facts and surrounding evidence to support each client's case in order to develop a thorough and undeniable defense on his or her behalf.
A negligence case includes the following key elements:
The defendant owed a duty to commit an act or refrain from committing an act.
The defendant breached this aforementioned duty causing injury, harm, or death to the plaintiff.
The defendant's intentional lack of action or overt action caused the injury, harm, or death.
The plaintiff suffered monetary damages including hospital bills, loss of income, etc.
Negligence is most commonly found in medical malpractice, car accidents or trucking accidents, product liability, wrongful death, construction accidents, and other types of personal injury cases. No matter what type of negligence a client wishes to prove, we are ready to help.