St. Louis Personal Injury FAQ

Has another party caused your injury or harm? If so, you could be entitled to compensation for your injuries and damages. 

Call Bradley Law at (314) 400-0000 to speak with one of our St. Louis personal injury attorneys and obtain the legal advice you need. We are available 24/7 to take your telephone call. 

Our law firm has recovered more than $70 million for our clients since 2002. Let us fight to get you the compensation you deserve for an accident. 

We care about what happened to you, and we want to help. Our legal team works diligently to get you the money you deserve. We aggressively pursue your accident claim until we have exhausted all avenues for compensation. 

We’ve provided answers to the most common questions we receive in our personal injury practice.

What is a Personal Injury Case?

A personal injury case is a claim for damages due to an accident or injury. Each case involves a victim who was injured by another party. The victim seeks to recover money for the victim’s financial losses, pain, and suffering. 

Missouri personal injury cases are based on tort law. Therefore, you must prove that the other party caused your injuries before you can recover money for your claim. 

Our legal team at Bradley Law handles a variety of personal injury cases, including brain injuries, car accidents, trucking accidents, child injuries, workers’ compensation, medical malpractice, and slip and falls.

Why Should I File a Personal Injury Claim in St. Louis?

You don’t deserve to bear the burden of another party’s negligence or wrongdoing. You should be compensated for your damages, injuries, and losses. 

Accidents and injuries create financial burdens for victims and their families. Our St. Louis personal injury attorneys seek to relieve that burden by holding at-fault parties liable for your damages. 

Filing a personal injury claim allows you to recover the money you deserve to pay for medical bills, reimburse lost wages, and recover from the consequences of an accident or unexpected injury. 

Missouri Personal Injury Laws

Each state has specific personal injury laws that impact the outcome cases. For example, comparative fault laws vary by state.

The theory of comparative fault states that an accident victim who is partially at fault for the cause of their injury should not recover full compensation for damages. Some states bar any recovery of damages if the victim has the slightest blame for causing the accident. Missouri is on the other end of that spectrum.

Under Missouri’s pure comparative fault law, an accident victim can recover compensation for damages even if the victim is 99 percent at fault for the cause of the accident. However, the victim will only receive one percent of their damages.

The law does not bar victims from recovering compensation if they contributed to their injury. 

What is Personal Injury Law?

Personal injury laws exist to protect individuals who are injured because of another party’s wrongdoing, negligence, or mistakes. The personal injury laws provide a legal process for recovering compensation for the victim’s pain, suffering, and financial loss. 

Most personal injury cases in Missouri are based on state tort laws.

What is the Burden of Proof in Personal Injury Cases?

In criminal cases, the state must prove that the defendant is guilty beyond a reasonable doubt—an extremely high standard of proof.

The standard of proof is not as high in personal injury cases. Victims only need to prove the defendant caused their injuries by a preponderance of the evidence.

A preponderance of the evidence means that it is more likely than not that the defendant caused the victim’s injuries. In other words, you need to convince a jury that there is at least a 51 percent chance that the defendant caused the accident that resulted in your injuries. 

How Do I Prove Fault in a Personal Injury Case?

There are several ways that fault is established in a personal injury case. One of the most common ways to prove fault is through a negligence claim. 

Negligence

An individual is negligent if they fail to use the ordinary care that a reasonable person would use in a situation. The “reasonable person” standard focuses on reasonableness and changes depending on the facts and circumstances of the case.

For example, a reasonable person would not get behind the wheel of a car after consuming large amounts of alcohol. Likewise, a reasonable person would not leave a broken step on stairs that people use each day to enter a building. 

Proving negligence requires you to show that:

  • The person who caused your injuries owed you a duty of care
  • That person breached the duty of care 
  • The breach of the duty of care was a direct and proximate cause of your injury
  • You sustained damages 

You will lose your case if you cannot prove each of these four elements.

Negligence Per Se

Another way of proving fault is negligence per se. This theory presumes a person is negligent if they violate a law designed to protect the public interest.

For example, say a driver is speeding at 100 mph when he crashes into another vehicle. Because the driver is breaking the law (speed limits) designed to protect the general public, we assume that the speeding driver was negligent.

Strict Liability

Strict liability states that a party is liable for damages, even if the party was not aware of the danger or did not intend to cause harm. Dog bites and product liability claims are examples of cases that use strict liability. 

What Are Common Personal Injury Practice Areas?

Our lawyers at Bradley Law handle numerous types of personal injury cases. Some of the most common types of injury claims include:

Slip and Fall Accidents

A slip and fall accident can occur anywhere. However, if you are on another person’s property when you are injured, you could recover compensation by filing a premises liability claim

Premises liability claims also include accidents because of unsafe conditions. An injury could occur at school, on a playground, on government property, at a resort, visiting an amusement park, or on a boat. If you fall or are injured on another party’s property, you could be entitled to compensation for your damages. 

Wrongful Death Claims

It is tragic whenever a family loses a loved one. However, the tragedy seems worse with the death was preventable.

Our wrongful death lawyers work with you to obtain justice for your family. We work to hold the responsible party liable for damages. Money does not bring back your loved one or ease your pain, but it can help with expenses. It also discourages the person from repeating the behavior that caused a death. 

Defective Product Injuries

Products should operate as they are intended without causing harm or injury. When a defective product causes an injury, one or more parties could be liable under a product liability claim.

Motor Vehicle Accidents

Automobile accidents are the most common cause of personal injury cases. Claims may include accidents involving motorcycles, cars, pedestrians, trucks, bicycles, and buses

Complex automobile accident claims can require extensive investigation. Our legal team invests the time and resources to discover how the crash occurred and gather evidence proving fault, including police reports, videos of the crash, eyewitness statements, expert opinions, and property damage reports. 

What Are Some Frequently Asked Questions About Personal Injury Cases in St. Louis, MO?

Below are frequently asked questions about St. Louis personal injury cases:

Who Can File a Personal Injury Claim?

Anyone who is injured by another party can file a claim seeking compensation. Whether the claim is paid or denied depends on the facts of the case. 

It should be noted that children and some individuals with mental disabilities may not have the standing to file a claim. Instead, the parents, court-appointed representative, or legal guardian may file the claim on their behalf. 

How Do I Know if I Have a Claim?

The best way to know if you have a claim is to schedule a free case evaluation with one of our St. Louis personal injury lawyers. 

Our lawyers listen to what happened to you. We gather information, analyze factors, and review applicable laws to determine if you have a case. In most instances, if you were injured because of another person’s negligence, you have a case. 

Call Our St. Louis Personal Injury Lawyer Today for a Free Consultation 

You do not need to face this matter alone. Our team of legal professionals fights for justice for you and your family.

Contact us now to speak with a St. Louis personal injury lawyer. We are ready to assist you in seeking the compensation you deserve for your pain, suffering, and damages.