Under Missouri state law, you have the right to collect compensation for your damages that you suffered in an accident that someone else’s negligence or recklessness caused. Many different acts of negligence can contribute to spinal cord injury, from car accidents to slips and falls and medical malpractice. However, you will need to prove that the at-fault parties committed an act of negligence to receive complication.
To prove negligence in a spinal cord injury case, you and your malpractice attorney will need to establish four elements in Missouri civil court.
First, you will need to prove that the person or entity responsible for your serious injury owed you a duty of care. For example, your surgeon has a duty to uphold a certain standard of care while treating you, and your boss has a responsibility to maintain a safe working environment.
Next, you will need to prove that the at-fault party breached his or her duty of care somehow. If your foreman on your construction site knew about unsafe scaffolding and failed to take action, you can establish this breach. If your surgeon committed an error during surgery that a similarly trained and educated surgeon would know not to do, you can also establish a breach.
You will also need to prove that the breach of duty of care led to your injuries. If you suffered a fall from unsafe scaffolding at your construction site, you can establish this causation. If your surgeon made an egregious mistake during surgery that led to your injury, you can also establish causation.
Finally, you will need to prove that you suffered damages as a result of the breach of duty of care. These damages can include multiple economic and non-economic losses related to your injury, including medical expenses, lost wages, and disability.