What Is Negligence?

Negligence is the failure of a person to exercise the level of care that a reasonably prudent person would under the same circumstances. In a personal injury case, proving negligence is what connects the other party’s conduct to your right to compensation.

At the Wendt Law Firm, our Kansas City personal injury attorneys help injured clients prove negligence. Call us today at (816) 531-4415 or contact us online for a free consultation. 

How Negligence Works in a Personal Injury Case

You cannot win a personal injury case without proving that someone else was at fault for what happened to you. When someone violates the duty of care they owed you, it triggers their liability to pay you full compensation for your injuries. 

For most personal injury claims, such as car accidents, slip and falls, and truck crashes, the central question is whether the other party failed to act as a reasonable person would have.

The Four Elements of Negligence

To succeed in a personal injury claim, you must demonstrate each of the following four elements:

• Someone else owed you a duty of care
• They violated that duty by acting in a way that would be considered unreasonable under the circumstances
• You suffered an injury as a result
• You would not have been injured but for the actions of the other party

Examples of Negligence in a Personal Injury Case

Negligence can take many forms. Some common examples include:

• Rear-ending a vehicle in traffic
• Making an illegal lane change that cuts off a motorcyclist
• Leaving debris in a walking path
• Failing to provide adequate security in the face of known threats

Frequently Asked Questions

What Is the Legal Standard for Proving Negligence?

The standard in a civil personal injury case is preponderance of the evidence, meaning the facts you allege must be more likely than not to be true. This is a lower bar than the beyond-a-reasonable-doubt standard used in criminal cases, which works in your favor.

How Do I Prove Negligence?

Building a negligence case typically involves gathering several types of evidence, including:

• Witness testimony
• Photos and video footage from the scene
• Video camera recordings from nearby businesses or traffic cameras
• Testimony from an accident reconstruction expert

Can I Be Partially at Fault and Still Recover Compensation?

It depends on where your accident occurred. Kansas follows a modified comparative negligence rule under K.S.A. § 60-258a, which means you can still recover damages if you were less than 50% at fault, but if your share of fault reaches 50% or more, you are barred from any recovery. 

Missouri follows a pure comparative fault rule, meaning your award is reduced in proportion to your percentage of fault, but you are not completely barred from recovery regardless of your share of responsibility.

How Our Kansas City Team Handles Negligence Claims

Negligence does not prove itself. When you work with our team, we start by building a clear picture of what happened. We gather evidence, identify witnesses, and lock down records before they disappear. We anticipate the defenses insurance companies are likely to raise and push back when they try to shift blame onto you. If a fair settlement is not on the table, we are prepared to take your case to court.

Our founding attorney, Samuel Wendt, has been recognized as a Missouri and Kansas Super Lawyer by Thomson Reuters every year since 2008, a reflection of the results we have earned for real people in real courtrooms. We take on cases other firms turn away, and we do not settle for less than what our clients deserve.

Contact a Kansas and Missouri Personal Injury Lawyer

If you have been injured in an accident, acting promptly protects your rights. Evidence fades, witnesses move on, and deadlines under the statute of limitations are strict. Schedule a free consultation with our Kansas and Missouri personal injury team at the Wendt Law Firm by filling out our online contact form or calling us today at (816) 531-4415.