Negligence occurs when a person doesn’t meet their duty to act (or refrain from acting) in a way that compromises the safety of others. In a negligence court case, the plaintiff claims that the defendant chose to act or not to act in a way that breached their duty to uphold the standard of care and caused injury or damage to the plaintiff. In these kinds of cases, the defendant can claim that both parties were partially responsible. This is called comparative negligence.
“Comparative negligence is a legal defense a defendant can raise to minimize the plaintiff’s ability to cover damages for the accident by claiming that the plaintiff was negligent as well,” said Jesse Tanksley, personal injury attorney at Mann, Wyatt & Tanksley Injury Attorneys.
Missouri uses a pure comparative negligence rule, which means that the plaintiff can recover damages minus the percentage of responsibility assigned to them by the jury decision. For example, if the jury awards a plaintiff $100,000 and says that the plaintiff was 30% responsible while the defendant was 70% responsible, the plaintiff would receive $70,000.
Contact Kansas City Personal Injury Lawyers Immediately
Personal injuries can cause a bevy physical, mental, and emotional issues. If you’ve suffered a personal injury as the result of a car accident in the Kansas City area, call the attorneys at Mann, Wyatt & Tanksley today. With decades of combined litigation experience, they will fight to get you the compensation you deserve for the aftermath of your personal injury, including:
- Medical treatment
- Rehabilitative care
- Lost wages from time take off work
- Future lost income for disabling injuries
- Property damage
- Pain and suffering
- Emotional trauma