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Missouri law allows injured individuals to seek compensation when another party wrongs them. After sustaining a personal injury, you’ll need to determine the types of legal actions and damages to pursue. This will be impacted by whether the other party acted negligently or intentionally. Here’s a guide to the differences. 

What Is Negligence?

Negligence refers to a failure to utilize reasonable care. The responsible party may not have exercised enough caution, resulting in someone else’s injury.

Negligence claims have several essential elements. For one, the plaintiff must prove that the responsible party had a duty to act carefully. Second, they need to show a breach of duty, which means that the defendant failed to act carefully. Third, the failure of care must have resulted in an injury or loss to the plaintiff. Finally, it must be shown that the victim has physical or emotional damages due to the accident.

personal injuryIn most cases, car accidents are considered negligence. The other driver usually doesn’t hit you on purpose, but they may have been negligent by running a red light or using their phone while operating their vehicle. 

What Is an Intentional Tort?  

This occurs when the defendant acts on purpose to injure or harm the plaintiff. For example, if someone hits you on purpose, you can recover damages. The same is true if the defendant steals from you or causes significant emotional distress.  

Unlike negligent cases, an intentional tort requires the defendant to be responsible for the entire claim. In a case of negligence, they may only need to cover their share of the damages.

Finally, intentional personal injuries often require the defendant to pay more in compensation, as the other plaintiff may sue for punitive damages, which are meant to discourage similar behaviors and punish the defendant.

 

When you need a personal injury attorney, contact Hutson Law Firm. The firm has been working with clients in Laclede County, MO, for 25 years. Their team will fight for a fair outcome and just compensation. Attorney Christine Hutson graduated from Washburn University School of Law in 1991 and was the first woman to be elected as an associate circuit judge for Laclede County. Call (417) 588-3267 to set up a consultation. 

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