Lake of the Ozarks, MO Personal Injury Attorney

The first thing Duckworth Injury Law must establish is that the defendant had a responsibility to act in a particular manner with regard to his/her actions. For example, a Lake of the Ozarks retail manager may have a duty of care to keep their store’s floor free of dangerous or defective conditions (such as a wet or slippery condition after mopping). Likewise, a boat operator at the Lake of the Ozarks has a duty to operate his vessel pursuant to certain safety laws and regulations (such as required navigation lightning when operating at night time). Our PI attorney understands these duties owed to accident victims at the Lake of the Ozarks, and we are here to step in when a duty is breached at the cost of you or your loved one.

Duckworth Injury Law’s next step is demonstrating that not only did a duty of care exist, but that the defendant breached their duty owed to you through their actions. Typically, this is done by collecting all evidence and testimony in support of your motor vehicle accident, premises liability incident, or other personal injury claim. To do so, we rely on a plethora of different resources: witness accounts, expert witness testimony, photography and video footage, and more. The goal is simple: proving the at-fault party breached their duty of care through their actions and/or inactions. In the above examples, this could include a retail store manager failing to place a “CAUTION” sign out after mopping her store’s floor, or a boat owner failing to put up his navigation lights when boating at night. Our firm is dedicated to uncovering the facts surrounding your injury claim and being ready to present them to a judge or jury at the Lake of the Ozarks, MO.

To prove your negligence case, we must next establish that the defendant’s actions caused the accident resulting in your injury or your loved one’s wrongful death. For example, while an individual may breach their duty of care (e.g., boating while intoxicated), they may not be the cause of the crash (e.g., you collided with a buoy instead). In Missouri, establishing causation requires showing that the defendant’s actions were the actual and proximate cause of a plaintiff’s harm. Actual causation requires showing the accident would not have occurred “but for” the defendant’s actions, while proximate cause requires showing the resulting accident was reasonably foreseeable based upon the defendant’s actions. 

The last element required to prove your negligence claim is to show that an injury or death was caused by the actions of the at-fault party. However, opposing parties rarely go down without a legal fight. Many people and companies accused of negligence may try to avoid accountability and blame the injury on a victim’s pre-existing conditions, or simply argue the injury doesn’t exist altogether. Insurance companies often attempt to withhold fair compensation as a serious injury can quickly accumulate tens of thousands of dollars in medical bills, physical therapy, and sometimes mental therapy. An experienced firm like Duckworth Injury Law knows these insurance company tactics and will be ready to counter them every step of the way. Oftentimes, this involves consulting with medical experts such as doctors, therapists, and life care planners to effectively illustrate the injuries you have sustained from an accident. Victims and families affected by personal injury or wrongful death in Lake of the Ozark, MO can find peace by trusting their claim with our lawyer.