DETERMINING LIABILITY IN PERSONAL INJURY CASES
Negligence, carelessness, or wrongdoing of another all encompass personal injury law and they occur quite frequently in America. Approximately, 31 million people on average each year, suffer injuries resulting from another party acting negligently, recklessly, and even maliciously.
Common Types of Personal Injury Cases
Auto accidents are the most common cause of personal injuries, with approximately 5 million car accidents occurring each year. More than half of those injured in auto accidents suffer serious injuries needing medical care.
Medical malpractice and workplace accidents also are common types of personal injury cases.
While these are just some of the many types of personal injury cases that occur in the United States. They occur frequently, and as a result the law provides remedies for compensation, by way of damages, in favor of an injured party. These actions help limit the number of injuries that could occur because society knows that a lawsuit may arise out of one’s negligence.
An Overview of Personal Injury Case Liability
Compensation in personal injury cases is not automatic. In each instance there needs to be a determination of the liability of the person(s) involved, in order for an injured party to recover from those involved. It is the party bringing the actions burden to establish that the injury is the result of the defendant’s actions. If you fail to establish that causation of the injury, the claim is likely going to fail.
The ‘Comparative Negligence’ System
Missouri follows the comparative negligence system in determining liability. This means that even if there is negligence on the part of the plaintiff (or the injured party claiming damages), such does not automatically bar recovery. Instead, Missouri uses a “pure comparative fault rule”, wherein the compensation the injured party can receive shall be reasonably reduced by an amount that is equal to his percentage of fault.
If you are a party claiming for a personal injury case, this system, most certainly, works to your advantage.
Comparative Negligence as Applied
To give you a clearer picture of how this whole concept works, let’s work with a more concrete example.
Let’s say that your total damages are $1,000,000, you will not be able to claim the total amount, but will still be able to make a claim nonetheless. Once your percentage of fault has been determined, it will then be used to fairly reduce the claim. if you were found to be 20% at fault, then the at-fault party will be enjoined to pay $1,000,000 less 20$, or $800,000.
If you are in Kansas City or any of its surrounding areas, RKC LAW LLC is here to assist you in personal injury cases.
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