In most cases, in order to collect on an injury claim in Missouri, you must prove the person who caused the injury was "negligent" - which is a failure to exercise ordinary care. In Missouri, you must prove:
* The existence of a duty owed to you by the person who caused your injury
* The other person failed to carry out the duty that they owed you
* You suffered damages
* The other person's failure caused you to have the injury
If you were careless, and your carelessness contributed to your injury, the amount you can recover will be reduced in proportion to your carelessness under Missouri comparative negligence law.
Under Missouri law, where two individuals are each responsible to you for the injury because they were both careless and you were not at all careless, each person is jointly and severally liable, which means that you can recover the full amount of the damages awarded to you from either party. They can then seek to collect the share of damages due from the other responsible party. If you were found careless, however, those responsible can have the damages reallocated in certain circumstances.