Missouri Injury Law Blog

Often after a car accident or other injury the victim's future medical condition cannot be certain and often doctor's will opine that future surgery may be required as a result of the injuries sustained. This leads to the questions of ... when can the risk of future surgery be submitted to a Missouri jury for their consideration?

This issue was addressed by the Missouri Supreme Court in Swartz v. Gale Webb Transportation Co., 215 SW 3d 127 (MO 2007). This case arose from serious injuries, including lower back disc bulges, sustained after a car and bus collision. The plaintiff was the passenger in a car that was struck by a school bus owned by the defendant, Webb Transportation. The jury determined that the bus driver was at fault and as part of their verdict considered the need for potential future surgery. The defendant appealed claiming the jury should have never been able to hear medical testimony about future surgery and appealed on that ground.

The defendant argued that it was error to admit the doctor testimony that the Plaintiff's injuries put her at an increased risk of future surgery and other complications. Claiming that the experts were not able to testify that "more likely than not" the injured victim would need surgery in the future as a result of her injuries sustained. One expert testified that she had a 50/50 chance of requiring future surgery, a "more likely than not" standard requires a just a little bit more ...50.1% sure not just 50%. Additionally, the doctor admitted future surgery was "speculation" and could not be stated "within a reasonable degree of medical certainty". All buzz words or phrases that are problems for the Plaintiff to meet her burden of proof. See Injury Lawyer Article: Reasonable Degree of Medical Certainty Standard.

Despite the uncertainty of the future risk of surgery and problems, the testimony and evidence of future surgery and problems is admissible. It is admissible for purposes of establishing the nature and extent of the Plaintiff's current injuries.

"The fact that her back injury carries with it at least a 25 percent chance, and perhaps a 50 percent chance, of requiring surgery in the future makes it a worse injury than a back injury that has a lesser chance of future complications requiring surgery or that had fully healed by the time of trial."

Since the present injury brings with it this increased risk of future injury this "is information the jury should have in the difficult task of trying to give plaintiff's condition a dollar value." Because the testimony of doctors was admissible for the purpose of establishing the nature and extent of the victim's injuries, the trial court did not abuse its discretion in admitting the testimony or in refusing withdrawal instructions.

Therefore, an experienced Missouri injury attorney will get any evidence of future problems in front of a jury so they can fully decide the damages to award and the full nature and extent of the injury. Even if it is speculation that the future surgery would be needed, it goes to the extent of the present injury. However, I believe if you want to ask for specific damages - the jury to award the cost of the future surgery - you need a doctor to testify it is more likely than not the surgery would be required and what the likely cost would be.

A prerequisite to being able to successfully make a Missouri worker's compensation claim is that the injury occurred while at work and within the course and scope of your employment. Seems like a pretty easy thing to determine, right? A case was recently heard by the Missouri Supreme Court, Sandy Johme v. St. John's Mercy Healthcare, click here for the case summary, audio of hearing, and briefs filed.

This particular case was a St. Louis worker's compensation case that was disputed by the employer claiming the alleged work related personal injury as not within the course and scope of her employment and that is the specific issue the Supreme Court heard recently. The work comp injury case arose from an incident that happened during the claimant's work hours while she was making a pot of coffee at work and with equipment provided by her employer, as most of us would probably agree, a pot of coffee is pretty standard at most offices and work places. While making the coffee, the employee turned and stepped on the edge of her shoe, falling to the floor. To me, as a practicing St Louis work comp injury lawyer, the argument ends here, she was at work and injured herself, that is a work comp claim under Missouri law.

The employee filed a claim for worker's compensation. Initially the work comp administrative law judge ruled that the employee's injury did not arise from or within the scope of her employment with St. John's. Employee appealed by seeking a review hearing from the labor and industrial relations commission, which reversed the administrative law judge's finding and awarded worker's compensation benefits to to the employee. St. John's appealed and the case found its way to the Missouri Supreme Court.

Under Missouri statute 287.020.3 "Workers' Compensation Law" secitrions (2)(a)&(b) provides that an injury arises out of and in the course of the employment if:

(a) It is reasonable apparent, upon consideration of all the circumstances, that the accident is the prevailing factor in causing the injury;

and

(b) It does not come from a hazard or risk unrelated to the employment to which workers would have been equally exposed outside of and unrelated to the employment in normal nonemployment life.

Clearly under this definition the employee's injury in this case qualifies as a work comp injury and thus allowing a successful claim. The Missouri Association of Trial Attorney's (MATA) filed an amicus brief (friend of the court) - click here for the full MATA brief, very well written and discusses the law applicable to this case and topic. Additionally, they end the brief with the public policy argument:

"To exclude injuries such as in Johme, Pile and Whiteley would be to create a debate from thin air that was not intended or created by the 2005 amendments, causing vast uncertainty as to when an injury does or does not arise out of and in the course and scope of employment, to the detriment of millions of employers and employees alike. The Court is not being asked to read into or exclude additional meaning into the text of the 36statute, only to determine if certain classes of activities at work still fit within the protections of workers' compensation, as has long been expressed by the same exact plain language we have today as we have had in Missouri for generations."

We will keep and eye on the court's ruling and update this article at that time. This is a very important case, additionally, the Supreme Court should be issuing a ruling late this winter or this spring regarding the constitutionality of Missouri's medical malpractice damage caps. See St Louis Injury Law Article re: Damage Caps Heard by Supreme Court.

Continue reading "Supreme Court to Decide, what is Within the Scope of Employment under Missouri Workers' Compensation" »

It has been a long held principal under Missouri evidence law that in trial a personal injury lawyer, generally, cannot tell a jury through testimony or argument, that the defendant has auto, homeowners, or other insurance coverage to pay any judgement or verdict the jury may award. This is often referred to as "collateral source rule", however, the collateral source rule can apply to other situations as well.

In fact, in "voire dire" or jury selection, the defendant does not even want to mention the word insurance, but the personal injury plaintiff's lawyer wants to talk about insurance as much as possible. Why? because if the jury knows there is insurance to cover a judgment they are likely to be more generous with their verdict. Jurors will sometimes give an inadequate verdict because they feel sorry for or do not want to saddle the defendant with a money judgement, and knowledge of insurance coverage alleviates that situation.

There are several ways for the Plaintiff to get the issue of insurance into the case (assuming the defendant is not an insurance company themselves).

1. The Insurance Question during Voire Dire:

Prior to jury selection and typically during pretrial, the Plaintiff's injury attorney should ask the court for permission to ask the jury one question about insurance and the general form of that question must be approved along with agreement that it cannot be used first or last and emphasis over other questions cannot be placed upon the insurance question. Typically, the question is phrased as"Does anyone on this jury panel work for or have an interest in __________ Insurance Company?" See, Ivy v. Hawk, 878 S.W.2d 442 (Mo.banc 1994), when the Missouri Supreme Court held it permissible for a plaintiff to ask if any potential jurors have an interest in a particular insurance company, as it "preserves the balance of permitting the plaintiffs to know if any members of the jury panel have an interest in the insurance company while avoiding the prejudice of emphasizing the issue of insurance."  Such a practice of allowing one "insurance question" protects the right of both parties to a fair and impartial jury.  Moore v. Middlewest Freightways, 266 S.W.2d 578, 586 (Mo.1954).

Then if someone has some interest in that particular insurance company the lawyer must be very careful as how to proceed and not improperly inject the issue of insurance into the case, or else risk a mistrial or a plaintiff's verdict being overruled. Typically, ask what interest the person has, and if it is that they are a policy holder, leave it at that. However, if it is more than that, such as they are an employee or a contractor for that particular insurance company, it is generally wise to call the jury member to the bench for further questioning outside the rest of the jury.

2.The Defendant Opens the Door:

On the flip side, the defendant or their lawyer cannot argue or imply to the jury that the defendant will be saddled with the judgment or have to pay out of their own pocket for the judgment, such an argument is great for Plaintiffs, because it opens the door for us to inject insurance into the case. Respond with argument to the jury that their is no evidence that the defendant will be personally responsible for any judgment and even if they were, for the jury to properly follow the law they must only consider what amount of money compensates the Plaintiff, not what would harm the defendant, unless punitive damages are an issue.

In the case of Ballinger v. Gascosage Electric Cooperative, 788 S.W.2d 506 (Mo. banc 1990). this issue was addressed directly by the appellate court. At the trial court level, the defense insinuated the defendant would have to personally pay any injury verdict, the very good personal injury attorney in that case responded as follows:

"That is just exactly the point I'm making. Mr. Oliver also said you will determine how much will be paid by the Defendants, and that is not true. There is no evidence in this case that the Defendants will have to pay one penny of any judgment entered. It's not for you to determine. (Emphasis supplied)."

The appellate court upheld the trial court allowing the above argument by stating in their opinion "The plaintiff may have skated close to the edge, but we conclude that there was no abuse of discretion." Meaning the trial court acted properly.

3. Other Situations:

Insurance clearly comes up in Missouri Uninsured Motorist lawsuits and Under-insured Motorist cases as the defendant is the insurance company themselves. Additionally, issues of insurance sometimes can be brought up, if more probative than prejudicial, during witness examination if they have relevant insurance background. Sometimes in medical malpractice cases malpractice insurance coverage of the expert being the same of the defendant doctor can be relevant. There are many other reasons, but generally, insurance stays out.

Continue reading "Missouri Evidence: Insurance Coverage Excluded From Jury as Collateral Source - Exceptions to the Rule" »

According to a recent article in the St. Louis Post-Dispatch, Missouri health officials are anxiously awaiting word regarding tests on a batch of powdered infant formula that was recently removed from Wal-Mart stores nationwide following the wrongful death of a Missouri newborn who consumed it and later died of a rare infection.

The source of the bacteria has not yet been determined, but it is known to occur naturally in plants such as wheat and rice. Manufacturers routinely test for such germs but this may be one case where such precautions were not enough to avoid disaster.

Avery Cornett of Lebanon, Missouri died of a rare infection caused by bacteria known as Cronobacter sakazakii, according to recently released hospital reports. Though the infection is treatable, it is very dangerous to premature babies and those less than 1 month old.

Wal-Mart has decided to pull the Enfamil Newborn formula from its shelves as a precaution after the death of Cornett. However, the much bigger step of recalling the formula has not yet occurred as the manufacturer claims tests showed no bacteria was present in the batch shipped to retailers. Further tests to confirm or deny this claim are underway.

The death of another newborn, Ivyionna Ayne Marie Pinnix, from Granite City is also under investigation. Pinnix, born four weeks premature, appeared congested before she eventually stopped breathing sometime Wednesday morning. It remains to be seen whether she consumed the same Enfamil formula under investigation in this case.

A third infant, from Illinois, came down with the exact same bacterial infection as Cornett after consuming several types of powdered baby formula in the last month. Thankfully the Illinois infant has recovered after receiving treatment in a Missouri hospital.

Though no final results have been released, health officials suggest parents take the following steps to help guard against possible infection:

• Sanitize bottles and the nipples before using.
• Bring water that will be used in formula to a boil for two minutes.
• Discard any unused formula after 24 hours and do not make more than you intend to consume as leftovers can develop germs.

Customers who bought the formula in 12.5 ounce cans with the lot number ZP1K7G may return them for a refund or exchange.

If your child has been injured due to negligence of others you need an experienced St. Louis personal injury attorney on your side. For a free consultation, call our Missouri injury lawyers today at (314) 863-0500.

Source: "Baby formula pulled from shelves after Missouri infant's death," by Blythe Bernhard, published at STLToday.com.

See Our Related Blog Posts:
Wrongful Death Laws in Missouri - Can a Claim be Made if a Pregnant Woman loses her Baby?
Wrongful Death Suit Filed Against Katie's Kids Learning Center Daycare

The general rule in Missouri is that a property owner is not legally responsible for injuries caused from a 3rd party criminal attacker just because the attack occurred on their property. However, in many situations such a duty can be establish through assumption of that duty by the property or business owner. Additionally, other factors and situations can create the duty, subjects for another article. This article focuses of assumption of a duty in Missouri negligent security cases. For information on special relationships and other law on negligent security cases see: Legal Elements and Issues Related to 3rd Pary Criminal Act Personal Injury cases in Missouri - Special Relationship or Circumstances Must Exist

Liability for 3rd Party Criminal Attack through Assumption of the Duty:

Under Missouri law a business or property owner can be legally liable, under a negligent security theory, for injuries resulting from a third party criminal attack if that business or property owner voluntarily assumed the duty to protect its invitees from criminal attacks and did not carry out that assumed duty with reasonable care. The assumption of the duty to provide security under Missouri law was established in 1990 by the Keenan v. Miriam Foundation case, which is still good law today.

Under the Keenan v Miriam Foundation case, a plaintiff does not have to establish prior violent crime as the Defendant assumed the duty, that assumption establishes the duty without prior violent crime, which is only required when the duty is established as a matter of law, not by assumption. Keenan adopted the Restatement 2nd of Torts approach, stating:

"One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of a third person or his things, is subject to liability to the third person or his things, for physical harm resulting from his failure to exercise reasonable care to protect his undertaking, if

(a) his failure to exercise reasonable care increases the risk of such harm,
or
(b) he has undertaken to perform a duty owed by the other to the third person,
or
(c) the harm is suffered because of reliance of the other or the third person upon the undertaking."

A current case our injury law firm is handling arises out a of a violent sexual assault in St Louis that occurred at an apartment complex in north county. For background facts of the case see injury law article: Premise Liability - St Louis Missouri - Defective and Unmaintained Security Doors - Rape of woman inside her own apartment. In this case the St Louis apartment complex owner bought the apartment buildings about ten years prior to the assault. The evidence is that when the the property was bought all of the security doors and locks were in good working order and that the owner's intention was to keep them in working order - ASSUMPTION OF THE DUTY! The problem occurred because the owner did not maintain those security doors and locks and allowed the majority of them to go into serious disrepair.

Related Articles:

Missouri Waiver of Personal Injury From Future Negligence Clauses in Apartment Lease Contracts - Are they Enforceable?

$54 Million Verdict - Premises Liability - Security Failure - 3rd Party Criminal Action

Continue reading "Missouri Law on Suing a Property Owner for Negligent Security after a Criminal Attack - Assumption of the Duty" »

Property damage pictures depicting the damage to the vehicles involved in the Missouri car crash are often helpful for the Plaintiff, especially when the damage is significant. However, oftentimes the damage appears to be very minor or even non existent, yet the driver or passenger still suffered injuries. In this situation the insurance defense lawyer will try to use the pictures to argue to a jury that the collision could not have caused the Plaintiff's injuries. This can be very powerful evidence for the defense, and a good car accident injury lawyer must be prepared to challenge these arguments.

How to Combat the Argument of No Damage to Car = Little or No Injury?

1. Argue that the Pictures Should be Excluded from Trial:

During a Missouri personal injury trial, the decision to exclude the pictures is within the discretion of the trial judge, however there is some helpful Missouri case law to make a good argument to the judge the pictures should be excluded, especially if you anticipate the defense will specifically argue minor damages means low impact and little or no injury without the support of expert testimony.

In the absence of expert testimony addressing the relationship between vehicle damage and severe injury, there is no foundation for the admission of property damage evidence. Interpreting the force of an impact from vehicle photographs and then assessing the likelihood of injury from such impact are tasks that can only be attempted by experts. The admission of property damage evidence would lead to unsupported and prejudicial speculation by the jury.

In order to present testimony that the forces of impact were not sufficient to cause certain personal injuries, at least one and possibly two experts would be required. First, a properly qualified expert would have to testify to the nature of the forces involved. Next, an expert would have to provide testimony concerning the nature of the injury based on the forces which were exerted.

In these situations all property damage evidence should be excluded because it lacks probative value to any element of the case and, assuming arguendo, that such evidence would have probative value, any probative value is substantially outweighed by the danger of unfair prejudice and that the jury would be misled to speculate on items not within the evidence.

This argument the issue has never been specifically addressed by the Missouri Supreme Court, but similar cases have been discussed, see Boland v Jando,414 S.W.2d 560 (1967).

This precise issue has been decided by the Superior Court of New Jersey in Brenman v. Demello, 892 A.2d 741 (N.J. Super. 2006), the Delaware Supreme Court in Davis v. Maute, 770 A.2d 36 (Del. 2001), and DiCosola v. Bowman, 342 Ill.App.3d 530, 794 N.E.2d 875 (2003)

These cases have held that without expert testimony it was reversible error to admit property damage evidence and allow defense counsel to argue that a serious injury could not have resulted from such a minor collision.

2. Tried and Tested Counter Arguments:

Sometimes judges allow defense lawyers to make the argument despite lack of expert testimony and the cases above. When this occurred in a case I handled a few years back before the insurance defense lawyer even had an opportunity to make his insinuations, I addressed it with the jury immediately.

This particular case involved a St Louis rear end car accident where the at fault driver drove an old Cadillac with a steel bumper which hit my client's vehicle when she failed to stop for a red light. The steel bumper hit my client's trailer hitch, thus little damage was apparent despite a bent trailer hitch.

Effective arguments: comparing the auto collision to a tuning fork, as the energy from the collision was not absorbed by the vehicle's body but the energy was transferred directly to the frame of the vehicle and to the driver's body, causing injury. No absorption of the impact as is seen with modern car crunch zones and even formula one racing cars. They are built to shatter as to absorb the energy of the impact.

If you do not have the direct frame impact argument, there are also videos out there showing slow motion very low impact collisions (less then 10 miles per hour) and the effect on the human body. Quite dramatic. Make sure in any doctor depositions you ask if the doctor will testify to low impact being able to cause significant injury.

Continue reading "Role of Property Damage Pictures in Missouri Car Accident Injury Trials" »

Previously, we have discussed the recent ban on CDL driver's (commercial drivers of trucks and buses) from using hand held cell phones while driving. See "Truck and Bus Drivers' Use of Hand Held Cell Phones while Driving Banned". Now the winds are indicating that a ban, even more strict than this one, is being pushed for on a federal level and covering all drivers, not just commercial drivers, and even proposing a ban on cell phone use via Bluetooth. See US News: "US calls for ban on in-car phone use ... even with Bluetooth".

As a practicing St Louis injury lawyer handling all types of cases including Missouri car accident cases, I often do see cell phone use as a contributing factor in accidents. In fact, a few years ago I began routinely requesting or subpoenaing cell phone records for all defendant drivers to see if they were using there cell phone at the time of the car crash. However, banning 100% of all cell phone use and mandating car manufacturers and electronics manufactures to come up with ways to disable cell phones while a car is in motion is simply taking this too far.

"NTSB also urged consumer electronics manufacturers to figure out a way to "disable the functions of portable electronic devices within reach of the driver when a vehicle is in motion"

In support of this push the NTSB stated "no text, no call, no update is worth a human life." I can think of a dozen other things we can completely ban in society because a human life may be lost. Airline travel, recreational sports, medical treatment for non life threatening illness, highway construction, space travel ..... There is a risk versus utility analysis they are completely overlooking.

What is wrong with drawing the line at texting? and requiring hands free phone use, doesn't that solve the problem? I personally think the recommendation by the NTSB will never be enacted, it is too strict, can never be enforced effectively, and the political support may never be there. Personal responsibility and encouragement to use cell phones safely is the answer, not draconian mandates.

Appropriate Steps if You are Injured on the Job

Millions of people are injured while performing work-related duties each year. If you become one of them, there are certain steps that you need to take to ensure that your rights are protected should you need to file a personal injury claim or apply for Worker's Compensation benefits. Though specific requirements will vary by state, there are four important steps to take if you are injured on the job (for work comp and personal injury claims) or performing work-related duties:

Get Medical Treatment

See St Louis Injury Lawyer blog article, Choice of Doctor Under Missouri Workers' Compensation. The first thing you should do is tend to your injury, especially if it is severe. Apply first aid on the scene, if necessary, then see a doctor. If your injuries are severe, see a doctor immediately. Even if your injuries seem minor, you should protect yourself by getting an independent evaluation by a qualified physician. Be sure to tell the doctor that your injury was sustained on the job, and remind him or her of this fact on follow-up visits if they are required. Your employer may also require that you visit an approved physician. If this is the case, be sure to make an appointment with one of these physicians and bring your medical records if necessary.

Report Your Injury

It is always best to tell your supervisor about your work-related injury as soon as possible. Communicate the details of the injury in person, preferably immediately following the injury, then follow up with a written report. If you have to file a claim later, a written document will provide proof that you notified your supervisor. No such proof is available if you have only make a verbal report, and your supervisor could deny your claim. State laws require that you report your injury within a certain time frame in order to qualify for compensation or other claims. A typical time frame is 30 days, but some allow a longer time period. The sooner you report your injury, the better.

Talk to an Attorney

A personal injury attorney can advise you about whether your injury entitles you to compensation or other claims. An attorney can also ensure that your rights are protected and can advise you on how to proceed with discussions with your employer, making decisions about continued working conditions, arranging for medical care, and more. If you have to file a Worker's Compensation claim or other legal claim, an attorney can assist you.

Keep Records

Be sure that you document all the circumstances surrounding your injury: all visits for medical treatment, discussions with your supervisor, discussions with your attorney, claims filed and so on. Maintaining proper records can provide proof for your claim and ensure that you are not denied any benefits based on technicalities.

Of course, a qualified personal injury attorney is your best resource if you are ever injured on the job. Set up a consultation immediately if you are injured for tailored advice on how to proceed with getting treatment, communicating with your supervisor, and filing any necessary claims.

Amanda Tradwick is a grant researcher and writer for CollegeGrants.org. She has a bachelor's degrees from the University of Delaware, and has recently finished research on teaching grants and student grants in maine.

U.S. Transportation Secretary Ray LaHood announced a new safety rule, in an effort to reduce truck and bus accidents. The rule prohibits interstate truck and bus drivers from using hand-held mobile phones while operating their vehicles. The joint rule from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) is the latest action by the U.S. Department of Transportation to end distracted driving. See Driving while testing v Driving While Intoxicated

LaHood said:

"When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be deadly....I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel."

FMCSA research shows that use of a hand held mobile phone while driving requires a CDL driver to take risky steps beyond what is needed for use of a hands-free mobile phone, including searching and reaching for the phone. Commercial drivers reaching for an object, such as a cell phone, are three times more likely to be involved in a crash or other safety-critical event. Dialing a hand-held cell phone makes it six times more likely that commercial drivers will be involved in a crash or other safety-critical event.

I believe this regulation is common sense. Most states already ban texting while driving and many require hands free use of mobile phones for phone call while driving. See Texting and driving bans by state. In 2009 almost 5474 people died, often a wrongful death case, and 500,000 suffered auto or truck accident related personal injury as a result of distracted drivers.

Hand Held Cell Phone Bann Rule for CDL Drivers can be accessed here.

Continue reading "Truck and Bus Drivers' Use of Hand Held Cell Phones while Driving Banned " »

In 2010 a reported 57 pedestrian deaths occurred in Missouri, many of them giving rise to wrongful death claims or general personal injury claims. See Missouri Drunk Driving Accident Lawyer Ben Sansone Obtains St Louis County Judgment of $2.3 Million. This case involved a drunk driver in St Louis that injured a pedestrian when fleeing the police. Also, see St Louis Pedestrian Injury claim and settlement. . These are just 2 examples of pedestrian and motor vehicle injuries we have handled. It is a serious problem that these types of injuries are on the rise in Missouri. See Post Dispatch Article: "Pedestrian Deaths Increasing in Missouri".

As a St Louis injury lawyer handling pedestrian accidents and death cases, I have investigated first hand the situations that lead to the pedestrian accidents and how to avoid them.

If your car breaks down or you need to pull over to the side of the road, make sure you are in a well lighted and not heavy traffic area. Avoid stopping on the side of a busy highway at night. If you must, stay on the outside side of your vehicle. Changing a tire on the traffic side of a vehicle at night and on the highway is very dangerous. Turn on your hazard lights and leave your parking lights and headlights on as well.

Use crosswalks and when using crosswalks do not rely on drivers to obey traffic lights. Visually verify that traffic is clear or than oncoming vehicles have stopped and are not attempting to turn across your pathway. Never assume vehicles will obey crosswalk signals.

In Missouri you can dial " *55 " to get roadside help, may be a very good idea to stay in your vehicle until help arrives.

Be aware of traffic when walking on the side of the road, pedestrian on the side of the road and people changing tires on the side of the highway are the most common type of pedestrian injury.

Additionally, whenever talking about pedestrian safety, bicyclist safety tips are often very similar. Never assume vehicular traffic will obey traffic signals, wear bright clothes, use strobe or flashing lights on your bike, and try to avoid cycling at night, not only is it harder for vehicle drivers to see you, but debris and problems in the roadway are harder to see as well. See Avoiding Bike Injuries & Legal Liability at Intersections: Right of Way at Unmarked Intersections

http://www.missouriinjurylawblog.com/2011/07/avoiding-bike-injuries-legal-l.html

Continue reading "Pedestrian Deaths in Missouri on the Rise: How to be Safe and Avoid an Accident " »

Post by Guest Author not affiliated with St Louis law firm, Sansone / Lauber, we do not recommend ever pursuing a personal injury action without a good personal injury lawyer in your corner.

Filing a personal injury lawsuit may seem like an overwhelming task, and you likely have many questions running through your head. What type of evidence do I need to provide? What kind of records should I take? How soon after the accident do I need to file lawsuit with an accident attorney?

Don't worry, my friends. We've got you covered. Here are some of the top tips that can help you when filing a personal injury lawsuit: (None of which substitute for hiring a good personal injury lawyer)

Know your state laws - Contact an attorney or research your state's laws before filing a lawsuit. Each state has different rules and some are even "no fault" states, which means you can only file for what the law defines as serious injuries.

Know the statute of limitations - Perhaps the accident happened a few months ago, but you're just feeling the injuries? The good news is, you likely still have time to file. Each state has its own statute of limitations that determines how soon you need to file. Some are as long as five years, while others give you just a year. If you don't file within that time limit, your case will be thrown out.

Learn about damages - Spend time learning about what things are considered damages in your case. Most states allow you to be reimbursed for not only medical expenses and lost wages, but also things like pain and suffering, loss of companionship, and emotional distress.

Understand what YOU need to do - To get a settlement from a personal injury case, you (and your lawyer) need to prove the other party was negligent and those actions are what led to your injury.

Gather as much information as possible - If there were witnesses on the scene, talk to them. Find out what they saw and if they have any additional details that would help your case. If you took photos of the scene (including any damage and photos of the road) collect those and use them as evidence.

Keep great records - Every time you get a medical bill, prescription refill receipt, or have to miss work because of your injury, be sure to save the documentation to use as proof of damages. Remember, the more evidence, the better.

Get everything in writing - You'll have the best chance of getting the settlement you deserve by getting all evidence in writing, so be sure to gather as much as you can into a clear, concise file. Examples include: All medical bills, witness testimonials, and a journal of your symptoms and general well being since the accident.

Hopefully, this gives you a good start to knowing what's important when filing a personal injury lawsuit. Keeping in mind the above tips and finding a good lawyer can go a long way toward helping you get the settlement you deserve.

Continue reading "Filing a Personal Injury Lawsuit? 7 Tips to Help You Out" »

By Guest Author, Judy Leeson.

Premises liability injuries can happen almost anywhere. From broken staircases that were never repaired to unmarked slippery floors, hazardous situations that result in personal injury are the responsibility of the property owner.

Property owners are required by law to maintain safe conditions for visitors to their premises. This includes warning visitors about dangerous conditions and resolving the problem in a reasonable amount of time. If property owners do not provide sufficient warnings or take care of hazards on their property, their negligence can result in a visitor's injury.

However, the property owner is not always willing to admit to their negligence, in which case a personal injury lawyer is needed to represent the rights of the victim.

Defining a Premises Liability Claim

A premises liability claim is a civil lawsuit in which the victim of a personal injury may file against the owner of the property where the accident occurred. However, as property owners cannot be held responsible for every loss suffered on the property, negligence of the property owner is usually a key factor in the claim.
In order to prove negligence, the injured victim must show that the property owner knew about the hazardous condition that caused the accident and did not take action to fix the problem. For example, the property owner may have failed to repair a broken step or label a slippery floor. A premises liability injury may also be caused by criminal activity that was left undetected due to insufficient security on the premises.

Types of Injuries

There are many different types of injuries that a victim of a premises liability accident may suffer. These include:

Broken Bones: A slip-and-fall accident may result in a broken arm, leg, shoulder, or hand. Elderly victims who slip and fall often suffer hip fractures that cause permanent damage.

Bumps and Bruises: These minor types of injuries are common in slip-and-fall accidents. While they may not require medical attention or civil litigation, victims should still consult with a medical professional to ensure that the injuries aren't serious.

Head Injuries: A head injury from an accident can possibly cause a fractured skull or a traumatic brain injury, which can result in symptoms such as headaches, blurred vision, and even a permanent loss in physical or mental ability.

Lacerations: Lacerations may result from an accident involving a sharp object lying on the ground in a frequented area. These injuries usually need medical treatment and may sometimes require surgery.

Spinal Damage: The spine and spinal cord can be damaged in an accident that causes the victim to twist or strain the spine or neck. Such injuries may cause severe back pain or even paralysis

Sprained Wrists and Ankles: A fall caused by uneven flooring or a broken step may easily result in a sprained wrist or ankle, such as when a victim tries to catch themselves from falling.

Compensation

The compensation that a victim can receive from a premises liability claim depends on the extent of their injuries. Losses to be considered in a civil lawsuit may include hospital bills, prescription drug costs, therapy fees, lost wages, and suffering related to the accident. Working with an experienced premises liability attorney can speed up the process toward receiving compensation.

Judy Leeson has been a practicing lawyer for 12 years and also owns the site Law Degrees. She writes various articles related to the legal system.

In 2005 Governor Blunt passed tort "reform" which included caps on non-economic damages in Missouri medical malpractice lawsuits. See "Limits on Medical Malpractice Awards Constitutional?" for more information on the damage caps in Missouri.

The Plaintiff's bar has been trying to get a case to the Supreme Court so that the constitutionality of the damage caps could be finally determined. Almost 2 years ago, on January 14, 2010, the Klotz case was argued before the Supreme Court and we all hoped that would determine the caps issue, however, the Supreme Court was able to resolve the issues on appeal without getting to the constitutionality of the Med Mal damage caps. See Article about the 2010 Klotz case: "Missouri Supreme Court Hears Constitutionality of Missouri Medical Malpractice Non-Economic Damage Caps"

Today, the Court was able to reach the arguments and will likely make a ruling on the constitutionality of the damage caps. However, the caps being argued are the caps under the old law prior to 2005, however, a decision that the old caps are unconstitutional will most likely mean the caps under the new 2005 law are unconstitutional as well. The case is Ronald Sanders v. Iftekhar Agmed, MD, et al and the summary of the case is posted on the Supreme Court website with links to the briefs. See Constitutional validity of medical malpractice non-economic damages cap. Currently a few cases are being prepared to go to the Supreme Court on the caps issue under the new law.

The main constitutional challenge to the damage caps is that the tort "reform" law violated the right to a trial by jury. If the legislature imposes caps that inherently invades an individual's right to have a jury determine the facts of their case, damages being a major fact for a jury to determine. Each case is fact specific and an arbitrary cap imposed by the legislature absolutely violated the right to trial by jury. For detail about the right to a trial by jury argument see the briefs in the cases above and see: Personal Injury Lawyers File a Motion to Strike Affirmative Defenses in Missouri Medical Malpractice Lawsuit

Typically, the Supreme Court will take at least a few weeks if not a few months to publish their decision about today's case. This decision is absolutely crucial and very historic for our state and will have a major impact on individual rights in this state.

Guest Author, not affiliated with St Louis Personal Injury law firm, Sansone / Lauber.

You might think that the difference between these two types of claims is pretty obvious: one involves accident or injury in the workplace while the other involves incidents outside of your place of employment, such as a car accident or or DWI wrongful death, just to name a few. But it's actually a little more complicated than that. After all, you can experience a personal injury in the workplace that may not be covered by workers comp and you might also have an accident, injury, or illness outside the workplace that is covered. And there can be times when it seems like the two types of claims overlap. While you may have to seek the services of a qualified attorney to find out exactly how to go about filing your claim, since all cases are different, here are just a few of the major differences that you should be aware of.

First of all, workers compensation claims apply to you only if you are hurt on the job. However, this doesn't necessarily mean that you have to be at your place of employment when an injury or accident occurs. You may be running errands on the clock or engaged in travel for work. You could be at a work site. If you are involved in actions for your employer, you can try to claim workers comp, even if fault cannot be determined or if the incident was your own fault. Of course, there are some instances in which claims may be denied, but if your employer provides workers compensation, you have no grounds for filing a personal injury claim.

Personal injury claims, on the other hand, are generally filed in response to accident or injury that is the result of negligence or direct actions by others, and the person filing the claim has the onus to prove fault by others. Although this type of claim can be filed against an employer, it is usually preferable to file a worker's compensation claim first, since most companies are willing to offer workers comp in order to avoid a personal injury lawsuit. The reasons are multiple.

For one thing, workers comp has strict limits on coverage. It will cover medical expenses (often including physical therapy), retraining, and disability. Personal injury claims, on the other hand, have no limits on the type or amount of compensation the claimant may receive. Further, workers comp claims are decided by an impartial group or board members known as the Workers Compensation Board when the employer and employ cannot agree on compensation. Personal injury cases go before a jury, which may be easily swayed by a wronged claimant. So it's easy to see why most employers prefer the due process of worker's comp to the unknown outcome of personal injury lawsuits.
If a personal injury claim is filed, it could end up costing an employer a lot more money, since the goal of personal injury law is to make the injured party "whole", which could include punitive damages for pain and suffering, an area of compensation that is hard to define and therefore, could carry a hefty price tag. The truth is, you'll have to decide which type of claim is best suited to your case. But remember that a personal injury case could result in zero compensation, so if your employer offers workers compensation, you should consider taking it.

ABOUT THE GUEST AUTHOR: Carol Montrose is a contributing writer for the Maryland Accident Lawyer Group at Price Benowitz LLP. The firm has offices in Washington, DC, Maryland, Virginia, and New York and handles DUI, criminal, immigration, personal injury, and disability cases.

Guest Post by Anne Roberts.

California is notorious for the high rates of car crashes. More frequently, news reports regarding these incidents reach the awareness of the public and statistics shows that a car crash occurs every 10 seconds at the United States.

Although the numbers are high, few people knew the right way in dealing with these kinds of accidents. They forget that every case starts from the occurrence of the accident and that it is crucial to seek the assistance of the local Los Angeles car accident attorneys which would help them all throughout the litigation process.

Let's face it - court trials or litigations are hassles. It makes use of a lot of time and without the assistance of someone knowledgeable in California Traffic Laws, there would be less probability in winning the case. There are a lot of lawyers specializing in personal injury cases, under which the category car accidents fall upon. The following outline shall act as an umbrella in further defining car accident cases.

Negligence

A lot of personal injury cases which involves road mishaps are founded on proving negligence. In order to create a sound complaint there must be solid ground for negligence. This means that the accident happened because the one being complained has acted haphazardly, thus injuring the other party.

Personal Injury

Personal Injury is defined as damages done to one's mind, feelings or body. These include damages done to someone involved in a road mishaps and other accidents such as minor injuries like wounds, bruises or lacerations and the more serious ones that resulted from the impact such as spinal or brain injuries. These are more frightening since they may be left undetected for some time and lead to permanent disability, therefore the client should be able to prevent this and compensate for future medications which will be pointed out by the Los Angeles car accident attorneys.

During the litigation process the two parties involved would be divided in the following:

Plaintiff

The complainant or the plaintiff would be the one to file for a petition against the alleged negligent party.

Defendant

This party accused of the crime that was committed, wherein a formal charge in court was filed.

Importance and Advantages of Hiring Car Accident Lawyer

As stated beforehand, it is advisable to find someone specializing at personal injury cases to have better chances of winning the case. An attorney would help in formulating a sound claim upon the filling of the complaint which strengthens the case being fought. Moreover, insurance companies are oftentimes tricky in order to flee from the responsibility of paying the claims; this shall be countered by the hired counsel. Many firms offer a lot of services which exceeds the responsibilities expected of a counsel; this may include even gathering witnesses or evidences for the case. Some may even have the "No Win, No fee" policy where they would not get any payment if the case is not won over. On the other hand a third or 40 percent of the "damages award" - or the grants given to the winning party shall be the standard commission of these firms in some parts of United States.