General Negligence—What It Is and Why It Matters
In tort law, establishing negligence—as any negligence attorney in Missouri will tell you—is the core of nearly every successful civil suit. Whether you are seeking damages related to a car accident injury, an accidental death, defamation, a breach of contract, legal malpractice, medical malpractice, workplace accidents, and a host of other types of injuries or losses, the strength of your case is predicated on your attorney’s ability to prove the defendant’s negligence.
What is negligence?
Negligence is the failure to act with the prudence that a reasonable person would exercise under the same circumstances.
How does a negligence lawyer in Missouri prove negligence?
To prove negligence, your attorney must show that there was—
- A duty of care—that the defendant had a duty to act in a way that a reasonable person would act
- A breach of duty—that the defendant acted or failed to act in that reasonable manner
- A factual and legal causal connection—that the defendant’s actions or inactions were the cause of your loss or damages
- A resulting harm—that you, the plaintiff, were harmed as a result of the defendant’s actions or omission
A negligence lawyer’s ability to prove this defines his or her success in winning lawsuits.
Building a negligence case
Proving liability is a process that begins long before the courtroom. From your first meeting with an attorney at a negligence law firm—usually a free consultation session—the lawyer begins analyzing your situation, attempting to validate the strength of your case, asking questions to fully understand what happened, and begins gathering critical data. Here is what an attorney often does to build your case:
The basics—were you injured?
To have a negligence lawsuit, your lawyer needs to prove that you are in fact injured and that you have suffered as a result of this injury. Keep in mind that, under negligence law in Missouri, " injury" means much more than just physical harm. In tort law, your injury can be a financial harm, emotional harm, relational harm, career harm, and much more.
The connection—are you a victim?
Your injury has the potential to be tort law matter if some other party was involved in the cause of your injury such that, if that other person or entity had not acted as they did, your injury would not have occurred. If your attorney can make a direct connection between your injuries and the actions of another, the case is a step closer to action.
The fault—did the other party act with negligence?
To have a case, your attorney must not only prove that the actions or omissions of another party led to your injury and suffering, but that those actions are considered negligent—failing to take reasonable care to avoid causing injury or loss to you.
Consider a situation in which you are indeed injured and at the hand of another person. But what if the actions that caused the injury were reasonable and prudent, such as if you were attacking the person and his or her self-defense brought about your injury? Self-defense in this example would likely be viewed as reasonable. But when the actions of the person or entity causing the injury can be deemed as negligent, then you may have grounds for a negligence lawsuit.
Negligence law firm in Missouri
For any matter in which the wrongful actions of another person or entity has resulted in harm to you, contact The Hershewe Law Firm, P.C. to discuss your case with one of our Missouri negligence attorneys.
