Personal injury claims can result from many different types of behavior or accidents. So, what is an injury claim? A personal injury claim arises when you are injured or suffer damages due to someone else’s behavior.
Common examples of damages that you may incur include medical bills, lost wages, and pain & suffering. If someone else was responsible for the accident that caused your injuries, you have a legal right to pursue a personal injury claim against them and recover compensation.
What Are The Elements Of a Missouri Personal Injury Claim?
Most personal injury claims are based on the legal concept of negligence. Negligence occurs when someone does not act in a reasonable manner, and you suffer injuries because of their behavior. To prove negligence, you must prove the following four elements.
Duty of Care
The first element to proving a personal injury claim is showing that the other party owed you a duty of care. This means that they had a legal obligation to exercise the level of care that a reasonable person would in a similar situation. For instance, when you operate a vehicle on the roadway, you owe other drivers a duty of care to operate your car in a safe and responsible manner.
Breach of Duty
Next, you must show that the defendant breached their duty of care by behaving unreasonably. Imagine being involved in a car accident because the other driver was texting while driving. By texting while driving, they breached the duty of care they owed you.
Damages
To be successful with a personal injury claim, you must have suffered some damages. Damages may include physical injuries, property damage, or emotional distress. Some common types of damages include medical bills, car repair bills, and pain and suffering.
Causation
Finally, you must show that your injuries were a direct and foreseeable result of the defendant’s behavior. Consider the texting while driving example mentioned above. Car repair bills and medical bills for physical injuries would be a direct and foreseeable consequence of a rear-end accident caused by texting.
It is also worth noting that Missouri follows a pure comparative negligence rule. This means that you may still be able to recover damages, even if you were partially at fault for the accident. Your recovery will be reduced by your percentage of liability. For example, if you were 20% at fault for an accident with $10,000 in damages, you would still be entitled to recover $8,000 from the other liable party.
Common Types of Personal Injury Claims
There are many types of accidents that can result in a personal injury claim. Some of the most common types of personal injury claims include the following:
- Car accidents
- Big truck accidents
- Pedestrian accidents
- Slip and fall accidents
- Motorcycle accidents
- Dog bites
- Medical malpractice
These types of accidents can result in serious injuries. Proving the elements of negligence in these types of cases can allow you to recover compensation from the negligent party. The compensation you are entitled to receive can include both economic and non-economic damages.
What Types of Damages Can You Recover in a Personal Injury Claim?
Personal injury claims can result in substantial damages, and you are entitled to compensation for all damages directly resulting from the accident. This includes both economic and non-economic damages.
Economic Damages
Calculating the dollar value of economic damages is straightforward because there are receipts or invoices associated with these damages. Some examples of economic damages include medical bills, lost wages, physical therapy costs, and car repair expenses.
Non-Economic Damages
It can be more difficult to put a dollar value on non-economic damages. Some common types of non-economic damages include pain and suffering, mental anguish, loss of quality of life, loss of consortium, and depression. Non-economic damages are typically valued anywhere from 1.5 to 5 times the value of economic damages, depending on the severity and permanence of your injuries.
How a Missouri Personal Injury Attorney Can Help With Your Claim
An experienced Missouri personal injury attorney can help you get the compensation you deserve, especially with serious injury claims. An attorney can thoroughly investigate the accident, gather all the evidence needed to prove your claim, and help properly value your damages. Studies have shown that accident victims who hire an attorney receive 3 to 4 times higher settlement amounts than those who do not have an attorney.
Contact a Personal Injury Lawyer at Roach Law Car Accident Lawyers Today
If you were injured in an accident in St. Louis due to someone else’s careless or negligent actions, contact an experienced St. Louis personal injury lawyer to discuss your case. Your attorney will fight for fair compensation, and they don’t get paid unless you win.
For more information, contact the attorneys at Roach Law Car Accident Lawyers we proudly serve all throughout Missouri, including St. Louis County, and we have offices in St. Louis, Chesterfield, Clayton, and Creve Coeur.
Roach Law Car Accident Lawyers – St. Louis Office
1010 Market Street, Suite 1605
St. Louis, Missouri
(636) 519-0085
Roach Law Car Accident Lawyers – Chesterfield Office
400 Chesterfield Center Suite 400
Chesterfield, MO 63017
(636) 999-9587
Roach Law Car Accident Lawyers – Creve Coeur Office
11628 Old Ballas Rd, Suite 320
Creve Coeur, MO 63141
(314) 557-2869
Roach Law Car Accident Lawyers – Clayton Office
7733 Forsyth Blvd, Suite 1100
Clayton, MO 63105
(314) 804-4569
