Stephen Schultz | June 3, 2026 | Personal Injury
Accidents and injuries are a part of life, but Missouri personal injury law doesn’t treat every injury the same. It’s important to know whether you were harmed by an accident or by someone’s purposeful actions, especially if you want to pursue a claim.
What Is a Negligence Tort?
Most personal injury claims in Missouri involve something called the tort of negligence. Negligence tort claims arise when someone owes a basic “duty of care” and breaches it.
To prove negligence, you generally need to establish the following four elements:
- Duty of Care: The other person (or business) has a legal responsibility to avoid causing harm to you. For example, a driver operating their vehicle has a duty to operate the vehicle safely and try not to cause harm to other people.
- Breach of Duty: That person breached their duty by being careless or reckless. For example, a driver was speeding or texting while driving.
- Causation: Their carelessness directly caused your injuries.
- Damages: You suffered physical, financial, or emotional harm as a result.
Examples of situations covered by the tort of negligence include car accidents, truck accidents, slip and fall cases, medical negligence, and even dog bites.
What Is an Intentional Tort?
Not every injury is the result of an accident; sometimes, people get hurt through planned and deliberate acts. These types of cases fall under intentional torts.
Examples could include:
- Assault
- Battery
- False imprisonment
- Intentional infliction of emotional distress
- Road rage attacks or other deliberate acts on the road
Even something like homicide could lead to a wrongful death claim under personal injury law. Intentional torts require proof that the responsible party engaged in this behavior on purpose.
Can Someone Face Both Criminal Charges and a Personal Injury Lawsuit?
The same incident can result in criminal charges from the state and a personal injury lawsuit filed by the victim. The outcome of one type of case doesn’t control the other.
Civil vs. Criminal Cases
A criminal case is brought by the government to punish someone for breaking the law and to protect public safety. These cases can result in jail, probation, fines, or other penalties. A personal injury lawsuit is a civil matter and is filed by the injured person. The main goal is to recover money for damages, like medical bills, lost income, and pain and suffering.
Different Burdens of Proof
The burden of proof for proving guilt is much higher in criminal court than in civil court. To convict someone of a crime, the government must prove its case beyond a reasonable doubt, which is a difficult threshold to meet. In personal injury lawsuits, however, you only have to show by a “preponderance of the evidence” that the other party is legally responsible. This means the event was more likely than not their fault.
Criminal Acquittal Does Not Prevent Civil Lawsuit
Even if a person is found not guilty in a criminal trial, that doesn’t mean you can’t win a civil case against them. The outcome of one case has nothing to do with the other. If you have questions about how this works, an attorney can explain what to expect for both types of cases.
What Types of Compensation May Be Available?
Whether your claim involves negligence or an intentional tort, you may be able to recover compensation for the losses you suffered. This can include medical expenses, lost wages, reduced earning ability, pain and suffering, emotional distress, and other damages related to the injury.
In some intentional tort cases, punitive damages may also be available to punish especially harmful conduct and discourage similar behavior in the future. An attorney can review the facts of your case and explain what damages may apply.
Contact a Creve Coeur Personal Injury Lawyer at Schultz & Myers Personal Injury Lawyers for a Free Consultation
Understanding the difference between negligence and intentional torts can help you determine your legal options after an injury. Whether your harm resulted from someone’s careless actions or deliberate misconduct, you may have the right to pursue compensation.
An experienced personal injury attorney at Schultz & Myers Personal Injury Lawyers can evaluate your case, explain the applicable laws, and help you seek the financial recovery you deserve. Contact us today for a free consultation.
Contact the attorneys at Schultz & Myers Personal Injury Lawyers at the nearest location to schedule a free consultation, we proudly serve all throughout Missouri, including St. Louis County and Boone County and we have offices in St. Louis, Ladue, Columbia, Creve Coeur.
Schultz & Myers Personal Injury Lawyers – St. Louis Office
319 N 4th Street, Suite 835, St. Louis, MO 63102
(314) 444-4444
Schultz & Myers Personal Injury Lawyers – Columbia Office
28 N 8th St # 502, Columbia, MO 65201
(573) 702-3285
Schultz & Myers Personal Injury Lawyers – Ladue Office
9807 S 40 Dr, St. Louis, MO 63124
(314) 912-3302
Schultz & Myers Personal Injury Lawyers – Creve Coeur Office
999 Executive Pkwy Dr #205, Creve Coeur, MO 63141
(314) 350-4021
