Getting hurt in any type of accident can change your life, resulting in devastating injuries, overwhelming bills and ongoing pain and suffering. Dealing with insurance companies and the prospect of filing a claim to recover for your losses can be incredibly stressful. At the Ross & Voytas Law Firm, LLC, we understand the impact that accidents can have on my clients’ lives. That is why we are dedicated to providing the highest quality legal representation to my clients who have been injured through the negligence of another person.
With experience in navigating the complicated and often frustrating issues associated with insurance coverage and medical billing, we will fight for your right to fair compensation for your injuries. We will stand by your side and explain the options available to you to assist with resolving your injury claim and getting your life back on track.
What Is Negligence?
Personal injury cases involve a concept known as negligence, which means that a person did not act with the level of care that a reasonable person would have used in a similar situation. There are many different ways that a person could be negligent, from a doctor who did not follow the standard of care in treating a patient to a driver who did not look before pulling out onto a road.
There are four elements to a negligence case:
Duty: We have a duty to exercise reasonable care and caution as we move through the world. A person’s duty to use reasonable care will vary based upon what they are doing and their relationship to the person that was hurt.
Breach: A breach is a violation of the duty of care. While it may be simple to prove a breach in some cases — such as if a driver was texting and driving, causing an accident — it often requires a more complex analysis involving expert witness testimony.
Causation: To hold someone responsible for your injuries, you must show that the person’s breach of their duty was the cause of your injuries. The other person’s actions must be the direct cause of your injuries, and what happened must have been a reasonably foreseeable consequence of their breach.
Damages: Finally, to prevail on a personal injury claim, you must prove that you sustained damages as a result of the other person’s negligence. This could be in the form of medical bills, lost wages, pain and suffering, property damage, lost earning capacity and more. It is important to keep track of your various bills to be able to prove this element of the claim.
As an experienced personal injury attorney located in St. Louis County, Missouri, we utilize all available resources to investigate, prepare and present a compelling claim for negligence aimed at maximizing compensation for victims of negligence.