Someone’s negligence, error, or malicious act can change your life in an instant. It’s possible to be thoroughly enjoying life one minute and fighting for your life the next minute, all because someone either didn’t do what they should have done or intentionally harmed you.
It isn’t fair to suffer from injuries or have your life interrupted by someone else’s actions. It’s worse if you have to pay for the at-fault party’s mistakes. The good news is you can recover all losses brought on by the accident.
The experienced St. Peters personal injury lawyers at Morelli Law Firm can help you get back what you have lost by filing compensation claims on your behalf and working hard to get you what’s yours.
Establishing Negligence in a St. Peters Personal Injury Case
Proving fault is critical to the success of any personal injury claim in St. Peters, MO. Specifically, the plaintiff has to prove that the at-fault party didn’t use or adhere to the required level of reasonable care that was expected of them.
To establish fault in a personal injury lawsuit, the following elements have to be taken into consideration:
- Duty of care – The defendant must have a duty to protect you and ensure you’re safe within reason.
- Breach of duty – The defendant, through negligence, errors, or malicious intent, failed in their duty of keeping you reasonably safe.
- Causation – As a result of their failure to act reasonably, you suffered injuries or losses.
- Damages – The injuries or losses resulted in unplanned expenses, or caused significant financial strain or emotional problems.
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Types of Negligence In Missouri
The court often considers the type of negligence in their award of damages. These include:
Ordinary or Simple Negligence
This is when the at-fault party, due to carelessness, ignorant mistakes, or a lack of attention, acted in a way that led to your accident and the subsequent injuries. Examples of ordinary negligence scenarios include:
- An employee did not put up the “wet floor” sign, causing a shopper to slip and fall.
- A driver got into an accident because the other driver used the wrong turn signal.
- The landlord forgets to keep the sidewalk free of snow or black ice, resulting in a tenant slipping and falling.
- A driver was texting while driving and got into an accident because they weren’t paying attention.
The major element here is a lack of willful intention to hurt or harm anyone, even if that mistake leads to injuries for the victims.
This is when someone acts recklessly or with intentional malice, leading to severe injuries. In this scenario, the person would have exhibited a clear wilful disregard for the safety and security of other people. Examples include:
- A drunk driver getting behind the wheels of a big rig, running a red light, and T-boning a vehicle that had right of way
- A driver engaging in road rage activities and forcing another driver off the road and into a ditch.
- A construction company uses inferior materials just to save costs, hence causing a building collapse and leaving residents with severe injuries.
- A manufacturer keeps selling or doesn’t recall products that they know are defective
The key element here is the intentional disregard for the well-being and safety of other people who are near or around them. The personal injury lawyers at Morelli Law Firm can help prove all these elements if they exist.
This will set the stage for you to recoup all your losses and may even lead to the potential punishment of the offender –usually steep fines, penalties, or jail time.
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Personal Injury Areas We Take On
Because personal injury is such a broad term for injuries caused by other people’s mistakes, it’s important to highlight the areas that we specialize in at Morelli Law Firm:
- Auto accidents
- Truck crashes and collisions
- Workers’ compensation
- Sexual harassment
- Premises liability
- Slip and fall injuries
- Construction accidents
- Nursing home abuse
- Medical malpractice
- Product liability
Recoverable Damages in a St. Peters Personal Injury Claim
In Missouri, people who are injured by other people’s actions may have recourse to the following damages:
- Medical expenses for past, current, and future treatments
- Property damage
- Lost income
- Diminished earning capacity
- Pain and suffering
- Emotional and mental distress
- Scarring and disfigurement
- Loss of quality of life
- Loss of companionship
These are awarded under economic and non-economic damages. Most personal injury cases in St. Peters will qualify for the recovery of economic and non-economic losses. But, there are a few cases where the courts decide to “punish” the defendant and deter other people from repeating the same actions.
These are known as punitive damages, and they are only awarded where it’s clear that the at-fault party either acted with a blatant disregard for other people’s safety or intentionally acted to harm others. The court will often impose steep fines or penalties such as the withdrawal or suspension of a driving license.
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How Much Can You Get as Compensation in a St. Peters Personal Injury Claim?
Apart from medical negligence cases, there’s no limit to how much you can get as compensation from a personal injury claim in St. Peters, Missouri. For example, if the losses stemming from your injuries and loss of income are valued at $850,000, the courts may be able to award you the full amount.
In medical malpractice claims, there’s a $400,000 compensation limit for economic damages and a $700,000 cap for non-economic damages. So, if you’re filing a medical malpractice case keep in mind that you may only get a maximum of $1.1 million in damages.
However, as outlined in Senate Bill 239, these limits are subject to a 1.7 percent increase annually. Also, claims against state and municipal government entities are capped at approx. $441,000 and $461,000 for economic and non-economic damages respectively.
Please note that Missouri is a comparative fault state per RSMo § 537.765. How much you’ll eventually receive may be affected by the degree to which you’re liable.
Hire an Experienced St. Peters Personal Injury Lawyer
To get the maximum compensation possible, you need the help of experienced St. Peters personal injury lawyers. Peters. At Morelli Law Firm, our attorneys understand the system, know what to look for, and can fight to get you what you’re owed.
We have recovered over $1 billion in compensation for injured victims like you. So, we know what to do to get you a satisfactory settlement. Let us help you get your life back on track and recover your losses.
Contact us today for a free case evaluation or call our office for a free no-obligation consultation.