What legal options do I have if I have been injured due to someone else’s negligence in Moberly, Missouri?

If you have been injured due to someone else’s negligence in Moberly, Missouri, you may have legal options to seek compensation for your damages. Depending on the circumstances of your case, you may be able to pursue a personal injury claim or a premises liability claim. It is important to talk to an experienced personal injury attorney to find out which option is best for you and your situation.

Personal Injury Claims

A personal injury claim arises when someone is injured due to another person’s negligence or intentional act. In order to succeed in a personal injury claim, the plaintiff (injured party) must prove that the defendant (person responsible for causing the injury) was negligent, meaning that they failed to act with reasonable care and as a result caused harm. In Missouri, the statute of limitations for filing a personal injury claim is five years from the date of the incident. This means that if you do not file your claim within five years, you will lose your right to seek compensation.

In order to prove that the defendant was negligent, you must show four elements: duty of care, breach of duty, causation and damages. First, you must show that the defendant owed you a duty of care — that they were obligated to act in a certain way towards you so as not to cause harm. For example, drivers owe other drivers on the road a duty of care to drive safely and follow traffic laws. Second, you must show that the defendant breached this duty by failing to act with reasonable care. Third, you must show that this breach was what caused your injuries. Finally, you must demonstrate that you suffered damages — medical bills or lost wages — as a result of your injuries.

Premises Liability Claims

Premises liability claims arise when someone is injured on another person’s property due to their negligence in maintaining it or failing to warn visitors of potential hazards. To succeed in a premises liability claim in Missouri, you must prove four elements: ownership, control or possession of the property; a hazard on the property; knowledge (or lack thereof) of the hazard by either the owner or visitor; and causation — that is, did the hazard cause your injury?

The statute of limitations for premises liability claims in Missouri is two years from the date of injury. You should speak with an attorney as soon as possible after being injured so as not to miss this deadline and risk losing your right to file a claim.

In addition to proving these elements, it is important to note that there are different levels of negligence depending on whether you were an invitee (a person invited onto the property for business reasons), licensee (a person invited onto the property for social reasons) or trespasser (someone who enters without permission). Invitees are owed the highest level of care by property owners while licensees are owed a lesser degree and trespassers are typically only owed reasonable care not to willfully cause harm or injure them.

Seeking Legal Help

The laws surrounding personal injury and premises liability can be complex and difficult to navigate alone. It is important that if you have been injured due to someone else’s negligence in Moberly, Missouri that you seek legal help as soon as possible so as not to miss any relevant deadlines or lose your right to seek compensation for your damages. An experienced personal injury attorney can help explain all of your options and guide you through every step of the process so that you can get the compensation that you deserve.