People suffer injuries every day, ranging from relatively minor to catastrophic to even deadly. When another person is responsible for your harm, you could be eligible for financial compensation.

If you suffered harm because of another person’s reckless or careless conduct, you should reach out to a skilled local attorney. A Wildwood personal injury lawyer could discuss with you whether you qualify for compensation from the negligent party.

Proving Negligence in Civil Cases

For plaintiffs to prevail in court after filing personal injury lawsuits, they must prove four elements of negligence. If the tort elements are not present, the court will not award damages. These elements include:

  • Duty — the defendant had a duty to act as a reasonable person would act in a similar situation
  • Breach —the defendant acted recklessly or intentionally
  • Cause — the defendant’s conduct directly resulted in the accident or harm
  • Damages — compensable losses were sustained by the plaintiff because of the defendant’s actions

A common example of this is when a motorist violates traffic laws and strikes another vehicle or pedestrian. The driver owed a duty to operate their vehicle safely and breached it when they violated traffic laws. If they directly caused injuries to another, then they could be held financial liable for the resulting damages.

Local attorneys also handle negligent personal injury cases stemming from:

  • Medical malpractice
  • Slip and falls
  • Harmful medications
  • Premises liability
  • Dog bites
  • Truck wrecks

It is important for people injured by another’s negligence to seek guidance from an attorney well-versed in civil law.

Damages for Personal Injuries

People suffering personal injuries have to adjust their lives around rehabilitation, inability to work, and the pain caused by the harm suffered. If a defendant is found liable for these injuries, a seasoned lawyer in Wildwood could seek financial compensation in the form of damages.

Compensatory Damages

Compensatory damages are meant to compensate claimants for what they lost. Compensatory damages are further divided into economic and non-economic damages.

Economic losses are measurable, such as medical bills, lost wages, and property damage. Non-economic damages are subjective. A jury will decide the value of non-economic damages, including how much a person’s disfigurement, emotional distress, and loss of consortium are worth.

Punitive Damages

Missouri plaintiffs can ask for punitive damages, but they must show the defendant acted beyond ordinary negligence, but actually intentional or wanton to convince a jury to award punitive damages. Notably, if they are awarded, Missouri retains half of them.

Statute of Limitations in Wildwood

A plaintiff has limited amount of time to file a civil lawsuit against someone who harmed them in an accident. The tort of negligence governs a personal injury action, and Missouri Code, Section 516.120, states that any bodily injury claim must be filed within five years after the accident or the discovery of the injury in some malpractice claims.

The time limit could be extended if the claimant is younger than 21, is mentally handicapped, or if the defendant leaves town before the suit is filed. Additionally, a plaintiff injured by a government employee must file an injury claim within 90 days of the accident.

Time limits are critical because a missed filing deadline can mean a plaintiff is forever barred from filing a personal injury lawsuit. Consulting a local personal injury attorney to discuss filing a civil court case in a timely manner could prevent being time barred.

Seek Guidance from a Wildwood Personal Injury Attorney

Whether it was a car wreck, a defective product, or some other accident, if another person is responsible for your harm, you could recover financial compensation. However, handling a civil case on your own could be extremely difficult.

Our personal injury lawyers could assess your situation and fight for your right to be compensated for your injuries. Call our team today for your initial consultation.