Missouri Injury Law Blog

One of the first concerns after a car accident is deciding whether or not to go to the hospital or a doctor right away. Usually, the responding police will ask if you are injured or need medical treatment, if you are hurt tell them, even if you do not want to go to the emergency room right away. My advice, as an experienced car accident lawyer, is to get medical treatment sooner rather than later.

Should I go straight to the ER from the scene of the accident?

Obviously, if you have severe injuries you should go to the emergency room by ambulance as soon as possible. Maybe you do not want to go to the emergency room straight from the scene of the accident, usually that is ok. Many people do not go to the ER by ambulance right away because they want to make sure their car is taken care of by being towed away properly or they drive it home and then decide later or the next day if they need to go to the ER or a doctor.

Make a Doctor Appointment As Soon as Possible:

Regardless if you go to the emergency room or not, make an appointment with a family doctor after the accident or for an emergency room follow up. Most emergency room doctors will advise you to do this. If you do not have a family doctor to go see, call us, we will send you to a doctor that will take care of you either through your health insurance or agree to get paid after the case settles.

I Do Not Have Health Insurance, What Should I Do?

Go to the doctor! If you have been hurt in a car accident you must get medical treatment or risk permanent damage to your health. If you do not have health insurance we have doctors that will agree to treat you without health insurance. We have a network of Missouri doctors that trust us when we send them clients and assure them they will eventually get paid from a car accident settlement. Additionally, many of these doctors will agree that if you lose your case (which we never have!) that you then do not have to pay the medical bill.

How Long Should I go to the Doctor, Physical Therapy, Etc ... ?

For the sake of your physical and mental well-being you should go until you reach "MMI" - Maximum Medical Improvement. MMI is the point where you are 100% better or as close to 100% as you are expected to get. Not only is this crucial for your recovery, but if you settle your case and then realize several months later your injury is worse than you thought, you can't reopen the case. Therefore, it is very important that your injuries have completely resolved or reached MMI before settling a case.

I Missed an Appointment, is that OK?

Missing appointments on rare occasions is to be expected with today's busy lifestyles; however, do not make a habit out of it. Multiple missed appointments can look bad, auto insurance companies and their lawyers will argue that you were not very hurt, especially since you did not make it a priority to get better when you missed several appointments.

What Should I tell the Doctor or other Healthcare Provider When I see Them?
Tell them about everything that is bothering you. Just today I met with a new client that was hurt when her car was t-boned at an intersection. She told me she has had bad headaches since the accident and has been taking aspirin for relief. I asked her if her doctor recommended anything and she advised me she did not tell her doctor, because she knew aspirin or Tylenol was really the only thing you could do.

Do not do this! Tell the doctor everything that is bothering you from the car accident, even if you do not think the doctor cannot do anything about it. Take the headache example from above, imaging that if 6 months after the accident the persistent headaches are still there, you then tell the doctor, and then lets say he diagnoses you with post -concussion syndrome. When we make the head injury claim to the insurance company or a jury, the defense can argue that the victim said nothing about the headaches to any doctors for 6 months after the accident, therefore, the claim of headaches is vulnerable to a credibility attack. They will then argue that something else later on caused the headaches and that they were not caused by the car accident because they were not disclosed to the doctor.

If you are hurt in a car accident the most important things to do are:

1. Call the police;
2. Seek medical treatment;
3. Call a car accident lawyer.

If your car ever breaks down please be sure to get it off the side of the road as much as possible. Even with hazard lights, road flares, or strobe lights, inattentive or drunk drivers will still hit cars parked on the shoulder causing severe injuries or even death. As an accomplished injury lawyer, I have handled dozens of cases involving pedestrians hit by passing cars. In my experience, these types of accidents usually happen between 10:00 p.m. and midnight; especially on the weekends. I think for obvious reasons, since this is the time of day that more drivers are intoxicated or under the influence of drugs, thus impairing their ability to see stranded motorists on the side of he road.

Currently, our law firm is handling one such case that resulted in the tragic death of a father of four children. See Wrongful Death Lawsuit - Lewis County, MO. Despite taking safety measures, a man was killed on the side of the highway. Cortez Robinson's car broke down late at night in December 2012, he moved the car off the road as far as possible onto the shoulder, turned the hazards on, and was standing outside near the car. This stretch of Highway 6, about 2 miles West of Lewistown, Missouri, is straight and visibility is good. Despite his hazard lights being on and good visibility, a driver passing by struck the vehicle and Mr. Robinson, killing him and severely injuring another pedestrian by forcing the car into her body. See Article in Kirksville Missouri Daily Express: KV man killed in Lewis County crash. Additionally, the preliminary crash report from the Missouri Highway Patrol is available here.

As mentioned above, our law firm is representing the four surviving children ages 1 to 8. We believe the driver was negligent and at fault for by not keeping a proper lookout, even if the disabled car was partially in the westbound lane, she still should have seen it in plenty of time to avoid the collision with a parked car. It is foreseeable on the roadway that other vehicles may break down or pull over to the side for whatever reason. I am sure we have all encountered vehicles pulled over on the road while driving down the highway, most of us do the responsible thing of first paying attention enough to see the car and then move our vehicles away form the shoulder to give the vehicle and the people in or around it as much room as reasonably possible.

Since the children whose father was killed in the wrongful death accident are all minors, the case is still brought in their name, however, the court must appoint a "next friend" to make decisions on behalf of the minors. Typically, the "next friend" is a parent or guardian, usually the natural mother or father. In this case, we have asked the court to appoint the natural mother of the children as the "next friend". This is a formality to protect the minor children. Additionally, to also protect the minor children, any settlement involving a car crash death and minor children must be approved by the court. The court will assure that the judgment or settlement money goes to the benefit of the minors and put in a protective account that will benefit the children and prevent the parents or other adults from squandering the assets. This is referred to a minor settlement approval hearing.

Related Blog Posts:

Pedestrian Deaths on the Rise

St. Louis Child Dead and Another Injured After Hit-and-Run

Multiple Deaths in Illinois Bus Accident

Continue reading "Lewis County Missouri - Wrongful Death Car Accident involving Stranded Motorist on Side of Highway 6" »

Under Missouri personal injury law, asking the jury to "send a message" with their verdict is generally reserved for punitive damage cases and typically not allowed in cases where compensatory damages are the only damages sought. Most personal injury cases are compensatory damage cases; most car accident lawsuits do not alleged punitive damages, unless the driver was drunk or did some sort of other reprehensible or intentional act. So can a good Missouri trial lawyer ask the jury in closing argument to "send a message' if punitive damages are not an issue? Maybe, depending on the judge, and then it must be done correctly and carefully.

First, the judge must allow it and not sustain an objection by the defense, or even grant a mistrial because the judge feels the reference to sending a message is so prejudicial that it ruins the jury's ability to properly determine a verdict. The objection is a likely scenario and different judges will rule differently on the issue. The mistrial is and extreme reaction to the argument, however, it can happen.

Generally, Missouri courts have left it in the discretion of the trial court judge to what extent "send a message" arguments can be allowed, ruling that it has been ok in some cases because it was not prejudicial or that an objection and curative instruction corrected any potential error or prejudice. "Given the cold record on appeal, appellate courts of this state uniformly uphold trial courts' determinations of the prejudice injected by "send a message" arguments." Pierce v. Platte-Clay Electric Cooperative, Inc., 769 S.W.2d 769 (Mo 1989).

It appears it is not reversible error in compensatory damage cases if (1) the injury lawyer argues the message to be sent by the verdict is to be sent just the Defendant, and (2) the plaintiff's counsel is clear that they are asking for damages supported by the evidence. Limiting the message being sent to just the defendant avoids the argument of deterrent effect to others (reserved for punitive damage claims) and by referring to only the damages supported by the evidence a good attorney avoids the argument that they are asking for punitive damages, since they are only asking for damages supported by the evidence, not additional damages for deterrence, which is punitive in nature.

The two issues discussed above for not crossing the line into punitive damage arguments are discussed in Dickerson v. St Louis Southwestern Railway Company, 674 S.W. 2d 165 (Mo Ct App ED 1984). In this case, during the closing arguments the Missouri accident attorney stated, when referring to the verdict:

"It is going to be heard by this railroad all of the way out to the home office in San Francisco, and I ask you to make it for an amount that's proven by the evidence that we've talked about that they'll hear about loud and clear for all times.

But I ask you to make it as generous as you possibly can and let them know when you come back down here, "Mr. Railroad, we have done our job. Here is the price tag."

The defense lawyer objected to the argument and the trial court overruled the objection, meaning they allowed the closing argument. The defendant lost the trial and they appealed the case, in part claiming the arguments above were improper "send a message" arguments that are reserved for punitive damage cases. The Eastern District Appeals Court upheld the trial court's ruling, thus agreeing that the argument was permissible, because:

1. Trial court has broad discretion in ruling on propriety of jury argument
2. The argument does not expressly request the jury to punish the defendant
3. Plaintiff limited his damages request to "an amount proven by the evidence"
4. Plaintiff limited his message to be sent to defendant's corporate headquarters
5. Plaintiff did NOT refer to the deterrent effect the verdict might have on others.

Additionally, the best Missouri injury lawyers know not to make the "Send a message" argument the theme of their closing, they state it and move on. "When the send a message argument becomes the theme of the entire closing, it constitutes reversible error." Smith v. Courter, M.D., 531 S.W.2d 743 (Mo 1973).

The Courts have also allowed defense lawyers to argue to a jury to reject the plaintiff's claim and in doing so send a message to society that litigation is too common and must be deterred. In the case of Beis v Dias, 859 SW2d 835 (Mo 1993), send a message was argued by the defense to send a message to a litigious society not to sue doctors for complications that are accepted risks of the surgery.

Defense argument to jury:

"[Y]ou have a golden opportunity here to help correct one of the most litigious societies--the most litigious society in the world. You have an opportunity--

(objection - overruled)

"You have an opportunity here to take the burden off of Dr. Dias's back and place it where it belongs. These people should not recover any money whatsoever. We cannot encourage this type of activity. Folks, look, I don't deny and I've never tried to deny and I told you this up front, that she had complications develop as a result of the surgery. But they are accepted risks of the surgery. They are known risks of this surgery and unfortunately, it happened to this lady. But we are here to determine whether or not Dr. Dias in any way was negligent. Did he fall below an acceptable standard of care with reference to his treatment, his care, his surgery of this woman?"

1. It was not the ongoing theme of defendant's closing;
2. After objection defense counsel moved from the argument even though the objection was overruled;
3. Again holding that the trial court has "superior opportunity to appraise the impact of the argument to the jury, we accord the trial court broad discretion in this area of closing argument"

I personally disagree with the court's ruling in this situation, as the defense lawyer was improperly asking the jury not to determine their verdict based on the evidence, but was asking them to send a message to society about the dislike for medical malpractice lawsuits. He was not asking for punitive damages in the form of a money verdict, but a sort of punitive damages by a defense verdict and that would send a message to society.

The case law really comes down to the fact that the trial court has discretion to make these decisions and that the court of appeals will not tamper with that decision unless their is abuse of discretion by allowing very improper arguments to be made. So depending on the judge, a good lawyer may be able to argue "send a message", and if they keep it within the parameters discussed above, the court of appeals should not second guess it.

Continue reading "Missouri Law on "Send a Message" Arguments to a Jury in Non-Puntive Damages Cases" »

What is an "Owned Vehicle Exclusion"? First you need to understand that UM coverage and UIM coverage are the type of coverage that follows the insured person, not the vehcile if they are hurt by a negligence driver with either no insurance (uninsured motorist or "UM") or with little insurance (under-insured motorist or "UIM"). For discussion about different types of auto insurance liability coverage in Missouri see: Uninsured and Under-insured Motorist Coverage - Breaking Down Car Insurance Coverage in Missouri. The "owned vehicle exclusion" tries to say if you are injured while operating a vehicle not included on the insurance company's policy you have with them that includes UIM or UM coverege, then they claim the UM or UIM coverage does not cover you because you were operating a vehicle not covered by them.

In a Missouri Supreme Court opinion just issued January 8, 2013, the Missouri Supreme Court overturned the trial court holding that the injured victim in a St Charles motorcycle crash has insurance limits of $400,000 available under his under-insured ("UIM") motorist coverage because he has separate UIM policies on 4 different vehicles and the four separate $100,000 UIM coverage policies "stack" to equal a total of $400,000 in available UIM insurance coverage for the motorcycle accident injuries. Additionally, holding that the "owned vehicle exclusion" under the policies did not apply to deny coverage of the UIM amounts. See Missouri Supreme Court Opinion in Manner v. Schiermeier, SC # SC92408 issued 1/8/2013.

The trial Judge in St Charles County and the Eastern District Court of Appeals both denied the coverage to the injured victim holding that the UIM policies were not recoverable under the "owned vehicle exclusion". These owned-vehicle exclusions state: "This coverage does not apply for bodily injury to a person: ... While occupying, or when struck by, a motor vehicle that is not insured under this policy if it is owned by you or any resident of your household.". The insurance company claimed that the injured cyclist owned the motorcycle he was riding when hurt and that, because it was insured under a different policy than the ones insuring the other three vehicles, this owned-vehicle exclusion precluded coverage under those policies.

This case turned on very specific facts and the Supreme Court's view that the insurance company did not prove ownership and that the policy's definition of ownership was vague and ambiguous, therefore, any ambiguity is construed in favor of the insured and against the insurance company. In this case the victim had partially paid his uncle for the motorcycle and was in possession of it, however, he did not have title to the bike and had not paid it off, therefore, it was argued that he did not "own" the motorcycle. "Ownership" was not defined by the insurance policy, so the court leaned to the injured motorcycle rider when interpreting the policy provisions that were vague.

The St Charles motorcycle lawyers that handled this case did an excellent job getting the maximum recovery for their client. This is an example of why it is so important to hire good lawyers to navigate your way through an injury claim or lawsuit. Having a Missouri personal injury attorney in this case meant the difference between $100,000 recovery and a $400,000 recovery.

If you have been hurt, call us, (314) 863-0500 or contact us online.

Recently we settled a Missouri auto accident case that was caused by a distracted driver with allegations of drug use. We represented the passenger that was injured after the driver lost control of the pickup truck and ran off the road.

But the driver did not have his own auto insurance; Permissive Use?

The driver was the passenger's "friend" and did not have his own auto insurance to cover the injuries sustained by the passenger. However, the car he was driving was not owned by him but was owned by the passenger's grandfather. The grandson had permission to drive the car and let his friend drive. Therefore, under Missouri insurance law, the grandfather's insurance policy covers the at fault driver because the negligent driver is what is considered a permissive use driver. So the coverage purchased by the owner of the car is available for the injured passenger to collect from for his injuries that were caused by the negligence of the "permissive use" driver. Permissive use coverage is diffident than liability for negligent entrustment. For discussion about negligent entrustment see: Illinois Drunk Driving Car Crash - Negligent Entrustment.

See State Farm Mut. Auto Ins. Co. v. Scheel, 973 S.W.2d 560 (Ct App WD 1998) stating:

The requirement of "permissive use" of a motor vehicle in an omnibus or non-owned vehicle clause of an automobile insurance policy to limit liability coverage is a question of fact which may be satisfied by a showing of either express or implied permission. State Farm Fire & Cas. Co. v. Ricks, 902 S.W.2d 323, 324 (Ct App ED 1995)

What if the Driver has his own insurance and the car owner has insurance?

In the same case above, assuming the driver had his own insurance as well, there may be additional insurance coverage for the hurt car crash passenger. Both insurance policies may apply, but it depends on the amount of coverage under each policy and if the insurance policies have valid and enforceable "set-off" or "other insurance" clauses. a few scenarios that could occur are outlined below:

1. The Owner's and the Driver's Auto Insurance have the same coverage amounts:

If the owner and driver both have, for example, $25,000 in liability coverage then the passenger may be limited to just $25,000 total if the policies have valid and enforceable set-off or other insurance clauses. These insurance contract clauses basically say they are not liable to the extent "other insurance" covers the driver's liability. If they do not have these clauses or they are poorly written, the injured passenger may have $25,000 from each policy available, thus $50,000 in total insurance coverage.

In Missouri the case of Zemelman v. Equity Mut. Ins. Co., 935 S.W.2d 673 (Mo. App. WD 1996) discussed "set off" and "other insurance" clauses. In that case the Court read the policy's UIM "set-off" provision against the policy's "other insurance" provision and found it ambiguous because the language described the UIM as "excess over any other collectible insurance." In 2004, we successfully used the above case to avoid set-off and recover an additional $50,000 for our client injured in a St Louis car crash.

2. The Owner and Driver have Different Coverage Amounts:

If one car insurance policy has more liability coverage then that larger amount is typically available. But you still need to deal with issues of set-off. Example, policy #1 has $100,000 in coverage and policy #2 has $50,000 in coverage. A good Missouri car accident lawyer will try and pursue the full amount of each policy, or $150,000. However, many insurance companies now have enforceable set-off clauses, meaning the larger policy can set-off the smaller policy's payment of $50,000; therefore, the total amount recoverable is just the amount of the larger policy, or $100,000 in this example.

What Insurance Applies to My Case?

All cases are different and dozens of critical issues must be discussed and analyzed to ensure a maximum recovery for anyone injured in a car wreck. Insurance coverage is just one of many issues to address. Contact a good car wreck lawyer sooner rather than later. Call us for a free consultation and no fee unless we win. (314) 863-0500 or contact a lawyer online.

The issue of cell phones in the St Louis City Circuit Court and St Louis County Circuit Court has been ongoing for several years now, primarily because the majority of cell phones are "smartphones" with built in cameras and internet capability. Until recently, unless you were an employee or a Missouri lawyer, the St Louis City court security would not allow any cell phone into the courthouse with a built in camera. However, they now allow cell phones in the courthouse and leave it up to the individual judges to decide if they want to allow them in their particular courtroom. This has always been the policy in St Louis County.

Judges are now rethinking the rules about allowing cell phones in the courthouse. See St Louis Post Dispatch Article: Cellphones increasingly a problem for courts across St. Louis region. As a Missouri trial lawyer practicing primarily in the St Louis area, my biggest concern is the use of the internet on jurors' smartphones during a trial and deliberations. I have never advocated taking them away, as I trust most jurors will and do listen to the judge's instructions about not researching the case outside of the courtroom or using the internet to research the case or parties involved. But it will happen, and this is a reason why my personal injury clients are instructed to either take down social networking pages or be very careful about what they post or discuss on such websites as Facebook or Twitter. Additionally, as an accident attorney, I must be mindful about what I post on my website or blog.

I heard a story recently from an insurance defense lawyer friend of mine about how Facebook may have damaged a St Louis brain injury case because of what the jury saw on the lawyer's website and Facebook page. Apparently, after the jury reached a defense verdict (meaning the plaintiff or injured victim lost) the defense lawyer stayed around and talked about the case with some of the jurors. Since after the verdict is decided the Judge discharges the jurors, after that discharge the jurors are free to talk with the lawyers or anyone else about the case and why they decided what they did. As with many brain injury cases, there were many issues and facts for the jury to decide; however, this defense lawyer was apparently told by several jurors that they researched the Plaintiff's lawyer and did not like what they saw on his website and Facebook page. Apparently they felt the lawyer was bragging about winning and making money instead of being concerned about his client's injuries. Did this have a major effect on the outcome of the case? Maybe, and it is definitely an issue any good personal injury lawyer needs to be concerned about.

As mentioned above in the Post Dispatch article, the Judges are more concerned on the effect of camera phones on criminal cases and specifically juror intimidation. Relatives of a criminal defendant reportedly took pictures of the jury and posted them on Facebook, was this meant as a threat to the jurors? Regardless of the intent, it should not happen. We now live in the age of instant access to information through smartphones and Judges and lawyers need to take precautions to make sure the cases are decided on the evidence presenting in the courtroom, not what can be found on the internet.

I have discussed hundreds of issues pertaining to injury cases on this blog, and this is again another issue of the hundreds that a good personal injury lawyer is aware of and takes the necessary precautions and actions. In the past few years I have had many injured victims try to handle their own cases for a few months or even a year or longer, then when the insurance company is offering them peanuts they come to me for advice. Oftentimes, major damage has been done to the case, as one of many examples, insurance companies will investigate you through social media, meaning they will look at your Facebook account and save any comments you make or pictures of you that will hurt your case. Facebook comments or pictures that can be taken out of context and used against you to claim you are lying about your injury or the affect it has on you.

If you have an injury claim, call an experienced accident lawyer today to discuss your options. All initial consultations are free of charge; and if we take the case we do not get paid unless you win. Call (314) 863-0500 to speak directly with a lawyer.

To most people, it is probably no surprise that a motorcycle rider is thirty times more likely to die in a motorcycle accident than a drive or passenger in a car accident. Oftentimes a motorcycle accident occurs at high speeds or as the result of a collision with a car or truck that is many times larger than the motorcyclist or their motorcycle. The only protection is a helmet and a layer of leather or other protective clothing. The fact that severe injury is more likely does not let negligent drivers off the hook for the injuries a motorcycle rider incurs. It is an improper defense to argue that a motorcyclist would not been hurt as bad had they been driving a car when the accident occurred. Many auto insurance representatives or their defense lawyers will try to make that claim. Don't let them get away with it!

According to the GAO (Government Accountability Office), the federal government's accountant, a fatal motorcycle accident costs an average of $1.2 million and non-fatal motorcycle accidents cost around anywhere between a few thousand dollars to $1.2 million. With the high cost come high damage claims against the negligent party, as "costs" do not include the harms and losses suffered by the victim. By harms and losses I mean the daily physical and mental suffering from having a permanent injury or disability. The harms and losses suffered and easily equal several million dollars in a Missouri or Illinois motorcycle accident case or wrongful death case.

If you have been injured in a motorcycle accident call an injury lawyer now to discuss your options. We handle Missouri motorcycle injury cases and Illinois bike accident cases, however, even if your injury case is not in our area, contact us and we will help you find a good bike accident lawyer in your area, no charge.

Tips to avoid/reduce injury from a motorcycle crash:

1: Wear a helmet - According to the National Highway Traffic Safety Administration helmets prevent thousands of motorcycle deaths every year.

2: Brake Quickly with Both Front and Rear Brakes - Using both the front and back brakes will help you slow down much faster. Typically the front brake is the most effective in slowing you down, however, front brakes can also cause you to lose control if hit too hard. If you feel that loss of control, pump the front brake but keep the rear brake held down tight.

3: Avoid Laying the Bike Down - About 10 years ago I had a driver pull out on front of me when I was riding my motorcycle at about 35 MPH. The collision was unavoidable and my reaction was to immediately lay the bike down and slide into the car. My body slide under the car and my head violently struck the rocker panel. Luckily I was wearing a full face helmet. Simply put, rubber on tires and brakes are more effective at stopping or slowing you down than sliding on metal.

Related Motorcycle Law Articles:

Mexico Missouri Motorcycle Death sparks calls for Bike Safety

Uninsured Motorist Claim involved in St Louis Accident Case

I read a bike safety article many years ago that described the top 10 causes of bike accidents, and since then it has aided my assessment of bike injury cases and assessing cases as a bicycle accident lawyer. One common cause of bike-car accident is "The Door Prize", which has been reported as the second most common type of bike accident caused by cars. The door prize is when a driver opens their door in front of you and you run right into it, because you cannot stop in time or traffic does not allow you to swerve out of the way.

How to avoid The Door Prize:

Ride far enough to the left that you will not run into a door that is flung open by an unassuming motorist. Remember, most drivers look for other cars and trucks, not bicycles and they either don't notice or don't care about bike riders. Some cyclists do not like to follow the above advice because it requires them to ride too far into the traffic lane and cars cannot pass you as easily. I understand you are trading one danger for another, but I believe it is safer to ride into the lane where you are in the driver's line of sight rather than to ride next to parked cars that are not looking back for you when they open their door. If you can, try to pay attention to which cars are occupied and then shift out when approaching that car.

Recently, we settled a car-bike accident case for the auto insurance policy limits. Our cyclist client was just a casual cyclist out for an easy ride on the side of Manchester Rd in Maplewood, Missouri. Along his path he had to pass a few cars that were parked on the side of the road, one person who was in the driver's seat of one of the parked cars, flung her door open right when my client was passing causing him to smack into the door and fly off his bike injuring his shoulder.

Bicycle safety is a lot like motorcycle safety, you need to constantly scan the road several seconds ahead of you and anticipate what unaware driver may do, adjust to the potential problems, and be ready to take evasive maneuvers if necessary. The disproportionate potential for serious injury to a bicyclist or motorcyclist compared with a car or truck driver requires that you have this level of alertness and caution. Hopefully over the next years or decades the bike advocacy groups will continue to make changes to the bike laws and continue to raise pubic awareness of everyone's' right to use the road, motor-vehicles and bikes alike. Even once that occurs, there will always be drivers that do not pay adequate attention to bike riders, You must be responsible for your safety,and take necessary precautions.

Even when all the reasonable safety precautions are taken bike riders still get hit by cars and trucks. We offer free consultations on all personal injury cases including bike injury cases. Call us for a no obligation discussion with a lawyer at (314) 863-0500.

Professional cyclists and even many enthusiasts, can ride thousands of miles a year and participate in many races. The vast majority of these miles are on the sides of roads with less than ideal conditions and sometimes negligent drivers. Crashes happen, and most cyclists will experience a few crashes. As I have discussed before on this blog, I am a bike accident lawyer and a cyclist, I have represented many bike riders for injuries from negligent or even drunk drivers in both Missouri and Illinois. I have personally been in three bike accidents that could have resulted in bad injuries, one from my bike tire getting caught in a wide groove in the road, one from a driver who thought they passed me then side swiped me, and one from me not paying attention and allowing my tire to hit a cyclist in front of me. In all three I was wearing a helmet, one of them cracked and destroyed my helmet. All three resulted in nasty road rash.

If you hit your head as a result of a bike accident, err on the side of caution!

Professional riders participating in races have medical teams respond instantly even when they may not be necessary. The rest of us have to rely on our riding buddies and good judgment when determining if medial treatment is necessary after a bike injury. If you hit your head and lose consciousness, even briefly, go to the hospital, you have likely suffered a concussion. If you suffer symptoms beyond a brief loss of consciousness, such as open head would, go to the hospital! It may also be wise to call an ambulance in case any additional injury was done to your neck or spine. Don't get back on your bike, no matter how tough you are. Your balance is likely affected and could result in another crash.

Pay attention to your CT scan results. The doctors should do a CT and/or and MRI of your head and spine. However, if you CT is negative you are not out of the woods. CT/MRI of the brain often do not show objective evidence of a head injury, most brain injuries cannot be seen. The CT or MRI is primarily looking for severe brain injuries that need immediate intervention such as bleeding on the brain or hemoraging. General swelling and damage to the neurons is typically not visible on diagnostic images.

Many types of trauma to the brain are hard to predict or measure with a machine, your description of your symptoms to a doctor are crucial to be properly evaluated. Symptoms to look for, some you may not think of or realize until you see this, include:

Motor: Weakness or paralysis (hemiplegia), poor balance and coordination; (ataxia), less endurance, abnormal muscle tone and stiffness.

Perceptual: Hearing, vision, taste, smell, touch, and knowing the relationship of the body to fixed objects.

Speech and Language: Difficulty in understanding what is said, or in expressing thought (aphasia).

Cognitive: Thinking, remembering, paying attention, poor judgment, and/or problem-solving.

Memory: A problem storing and/or retrieving information; short or long-term memory loss.

Emotional and Personality changes: Moody, easily frustrated, anxious, angry, depressed, and low self-esteem.

Important symptoms of a potential head injury / Post-Concussion Syndrome:

Level of alertness; Sleep patterns; Endurance for physical and mental activities; Attention span;
Sexual function; Headache; Dizziness; Irritability; Depression; Anxiety; Complaints of being physically sick without apparent reason; Hypersensitivity to noise (phonophobia); Sensitivity to light (photophobia)

Often symptoms of Traumatic Brain Injury cannot be seen by others. This can lead to loss of self-esteem and self-confidence; feelings of failure, depression, anxiety, and/or life is "out of control." One of the reasons that TBI is called "the silent epidemic" is that there are thousands of people with TBI who have symptoms that are invisible to others.

Common symptoms of Traumatic Brain Injury in adults include:

More problems than usual with mental tasks
Persistent headaches or neck pain
Lethargic thinking, speaking or reading
Continual tiredness, without energy or motivation
Becoming lost or confused
Changes in sleeping patterns, light-headed, losing balance
Blurred vision, tired eyes
Increased sensitivity to sounds or light
Loss of the sense of smell or taste
Irrational or unpredictable mood changes
Ringing in the ears

Continue reading "Head Injury Concerns for Bicyclists: List of Symptoms of a Brain Injury " »

Many people not familiar with the Missouri personal injury legal process often get confused as to the issue of auto insurance versus the individual driver that caused the car accident. If the driver had auto insurance your claim is against the individual driver but the auto insurance company "indemnifies" the driver, or pays for the amount they owe as a result of the injuries caused. Additionally, the insurance company appoints and pays a lawyer they use, technically, the driver is the insurance lawyer's client, but in reality the insurance lawyer is looking out for the company that pays their bill, the auto insurer.

If the car insurance company will not settle the auto accident claim and a lawsuit is necessary, in most cases, the Missouri car accident lawsuit is against the driver, not the insurance company, however, as stated above, the insurance company foots the attorney bills and typically pays any settlement, judgment, or verdict.

In most cases the Jury is NOT told about auto insurance, as it is considered irrelevant under the Missouri collateral source rule. There are exceptions to this rule and other ways to get the issue of insurance in the juries minds. This is important as a jury could be reluctant to fully compensate an injured victim based on worries about whether or not the individual defendant driver can pay or if it will be an undue hardship for them to pay. A few years ago a St Louis jury returned a verdict in favor of my client in a car accident case. The verdict amount was good and double what the insurance company offered before the case, but it was not a great verdict. When I asked the jury, after they were dismissed by the judge, why they did not find a larger verdict, most of them told me, we felt sorry for the driver and did not want her to have to pay more. Example of a case where no one on the jury knew or assumed there was auto insurance. In fact when I asked them about auto insurance they stated they assumed there was no insurance because we did not tell them there was.

This insurance issue must be addressed and every good trial lawyer knows it. IT can be addressed as follows:

1. The "Insurance Question" During Voire Dire:

"Voire dire" or jury selection is the beginning of a trial where a pool of potential jurors is questioned top make sure they are an appropriate juror for the case. One of the questions that can be asked is called "The Insurance Question". Under Missouri law the Plaintiff's lawyer can ask the jury if they have any affiliation or interest in _______ Insurance Company. Cannot state it is the defendant driver's insurance company.

The accepted procedure in Missouri for asking the preliminary "insurance question" includes 1) first getting the judge's approval of the proposed question out of the hearing of the jury panel, 2) asking only one "insurance question," and 3) not asking it first or last in a series of questions so as to avoid unduly highlighting the question to the jury panel. Callahan v. Cardinal Glennon Hosp., 863 S.W.2d 852, 871 (Mo. banc 1993). The form of the question is at the trial court's discretion. However, it generally encompasses whether any members of the panel or their families work for or have a financial interest in the named insurance company.

2. Get the Jury Panel Talking About Insurance:

Inevitably, during voir dire, a juror will bring up auto insuance, a lawyer must be careful in doing so, but to the extent you can, a good Missouri injury lawyer will follow up with quesitons like "tell me more about that" or "anyone else feel the same way?" to get the jury discussing the issue of insurance coverage. There is no rule against the jury telling each other about insurance coverage!

3. Defense Lawyer is Employed by the Auto Insurer:

Oftentimes, the insurance defendant lawyer is directly employed by the auto insurance company. In that situation the court, in its discretion, can allow an additional insurance question, but even the best Missouri injury lawyers must be very careful not go over the line or they may risk a mistrial. In Richter v. Kirkwood, 111 S.W.3d 504 (MO Ct App SD 2003) the trial court allowed the personal injury lawyer to ask the jury if any of them knew the defense lawyer or provided goods or services to his employer, Allstate Insurance. The case was appealed with one of the grounds for appeal was the trial court allowing this question. The Court of Appeals upheld the ruling that the question was proper, stating:

It was within the trial court's discretion to allow plaintiffs' attorney to show that defendant's attorney was an employee of Allstate to ascertain whether that circumstance would result in bias or prejudice on the part of prospective jurors.

4. Defense "Opens the Door" to the insurance issue:

The rules not allowing the Plaintiff to inject insurance coverage into the case does not stop the defense from being able to do it, however, they would never intentionally do it. So if the defense lawyer or one of his witnesses brings up auto insurance coverage, they effectively waived their objection to it and it is now admissible. If it is a simple slip up in testimony, the extent you can follow up on it will remain within the discretion of the trial judge.

But, if the defense argues to the jury about not burdening the defendant with a money judgment, that clearly opens the door for a good St Louis car accident lawyer to immediately follow up with the jury that there is no evidence that the defendant would have to personally pay any money judgment and that they have auto insurance to cover them. The defendant "opens the door" the the issue of insurance when they make an argument that can only be rebutted by the discussion of the insurance.

Continue reading "Missouri Auto Accident Claims - Getting the Issue of Auto Insurance in Front of a Jury " »

When you think homeowners insurance, you may first envision protection for your house against fallen trees, flooding and other natural disasters. But parts of your homeowners insurance policy are specifically designed to help protect you legally. For example, if Nancy Neighbor slips and falls on wet leaves in your driveway or some other potential injury claim against you, you could be held accountable. That means if she decides to sue, you could be liable for attorney fees to defend the claim, court expenses and possibly even her medical bills; assuming she can prove you were legally negligent which is harder than you may think. However, if you've purchased enough personal liability coverage, your homeowners insurance policy could really pay off.

What is personal liability?

If someone is injured on your property, even if you're not home, you could be held legally liable. That means if they decide to sue, you could face devastating bills on your own. Here are just a few expenses that come with a bodily injury lawsuit:

• Court costs and legal fees. It costs a lot to get sued, even if your case never sees the inside of a courtroom. When you're hit with court filing fees, marshal's fees, investigator's fees, medical records and report fees, court reporter's fees, travel costs, consultant fees and more, it doesn't take long to rack up a huge tab at your lawyer's office.

• Property damage. If a guest is parked in your driveway and a tree falls on his or her car, you could be liable for the cost to repair the damage.

• Medical bills. If Nancy Neighbor breaks her hip after tripping on one of your kids' loose toys in the yard, you may have to foot the bill for her surgery and any subsequent treatment.

Depending on how much personal liability coverage you purchase, these expenses could be covered by your homeowners insurance policy should you ever face a bodily injury lawsuit and file a claim.

How much coverage should I get?

Typically, a standard homeowners insurance policy includes a minimum of $100,000 per liability claim occurrence. However, many homeowners choose to purchase $250,000 or more in coverage depending on their specific needs. For example, if you have a swimming pool or a trampoline on your property, you may have a higher liability risk than a homeowner who doesn't. If you feel the need for protection against libel, slander, defamation of character, invasion of privacy or other threats, you may require a separate umbrella policy.

When does it pay off?

Here are just a few examples of when being covered with personal liability coverage can pay off big when you need it the most:

• Your dog FiFi bites off more than you can chew when she attacks the mailman in your yard. He hits you with a multi-thousand dollar lawsuit to cover his subsequent ambulance ride, emergency treatment and post-operative care. Your personal liability insurance covers most of the expenses so instead of paying off a $20,000 lawsuit, you'll be in the clear.

• One of your children's friends decides the area around your pool is the perfect place to practice cartwheels while you're not home. His parents sue you for negligence in addition to damages for the hefty hospital bill resulting from their child's injury on your property. Your coverage can help you stay afloat during the settlement, but it's probably a wise investment to install a locked gate or fence around the pool to prevent accidents like this.

Personal liability insurance typically is part of a standard home insurance policy. You'll be glad it is if you're ever the subject of a lawsuit because of an injury on your property. But you should still study your policy - or ask your agent - to decide whether you have enough coverage.

This article was contributed by Carrie Van Brunt-Wiley, Editor of the homeinsurance.com blog. Carrie has been writing insurance news and consumer information for HomeInsurance.com since 2008. She graduated from the University of North Carolina in Wilmington in 2005 with a B.A. in Professional Writing and Journalism.

Continue reading "How Much Does Homeowners Insurance Pay Out In A Bodily Injury Lawsuit?" »

Injury victims sometimes have skeletons in the closet, but most of the time those skeletons have nothing to do with the how or why of a car accident, medical negligence, or other injury case. One such skeleton could be past illegal drug use or medical conditions such as cirrhosis of the liver. The defense will try to imply that past drug use or alcohol use somehow means the victim may have been drinking or using drugs at the time of the accident, even though there is no evidence of that. This form of character assassination is used to undermine the credibility of the victim with the jury and cast doubt on the victim's injuries.

The past drug use comes up from time to time, but a more unique situation is the cirrhosis of the liver issue. Can that medical diagnosis be used at trial? Should it be? Even if there is zero evidence that the victim was intoxicated or even suspected of being intoxicated when the accident occurred? This type of evidence must be excluded to protect the credibility of the victim and not allow irrelevant issues affect the jury's decision.

Generally, it is well accepted in Missouri that evidence must be legally relevant to be admissible. State v. Barriner, 111 S.W.3d 396 (Mo. 2003). "Evidence is logically relevant if it tends to make the existence of a material fact more or less probable," whereas "legal relevance weighs the probative value of the evidence against its costs - unfair prejudice, confusion of the issues, misleading the jury, undue delay, waste of time, or cumulativeness." State v. Anderson, 76 S.W.3d 275 (Mo. 2002). Evidence is not legally relevant and thus inadmissible if its costs outweigh its benefits.

So what exactly does this mean? Typically decisions of relevance are within the discretion of the court, therefore, the trial court's decision will be upheld on appeal unless the appellate court finds "abuse of discretion", meaning the decision by the judge has no rationale support. "A trial court enjoys considerable discretion in the admission or exclusion of evidence." Barriner, 111 S.W.3d at 396 (quoting State v. Mayes, 63 S.W.3d 615, 629 (Mo. 2001)). Therefore, a good Missouri injury lawyer must be on their toes and stop the insurance company lawyer from convincing the judge there is some good reason to discuss drug or alcohol use that has nothing to do with the accident .

Allegations of a party's drug use presents a great risk of creating undue prejudice. Embree v. Norfolk & Western Ry. Co., 907 S.W.2d 319, 324 (Mo.App.E.D. 1995). Thus, generally such evidence is inadmissible unless it is clearly relevant and its probative value outweighs the recognized risk of undue prejudice. "Extreme caution" must be taken in admitting evidence of drug use". Embree, 907 S.W.2d 319.

A plaintiff's alleged drug use prior to the incident does not tend to prove any fact material to a case and can only be used to prejudice the jury against them. Likewise with cirrhosis of the liver, most often this condition is the result of prior drug or alcohol abuse and most jurors will come to that conclusion on their own if the condition is allowed into evidence. As long as their is no evidence that the Plaintiff was under the influence of drugs/alcohol on the day of the incident it must be excluded as irrelevant.

This is among literally hundreds of issues that must be considered when evaluating and pursuing a personal injury case. Contact Missouri Accident Attorney Ben Sansone today for a free evaluation of your case, call (314) 863-0500 or contact an injury lawyer online.

As a St Louis accident attorney, many clients we represent are individuals hurt by a drunk driver or the families of someone killed by a drunk driver. These cases typically result in much higher damage awards from juries because of the drunk driving issues, even if alcohol is only a factor and there is no evidence of "legal intoxication" or over a .08 BAC.

Oftentimes, in these cases, the intoxicated driver will deny they were drunk and even oftentimes deny they were at fault for the needless injuries or death they caused. A defense tactic to try and prevent the jury from hearing about alcohol and the recklessness of the DWI driver is to "stipulate liability" at trial. In other words, just before trial starts, they tell the judge (outside the presence of the jury) that they will admit fault (liability), then try to claim any evidence of intoxication is irreverent and should not be heard by the jury, since fault is no longer an issue.

Auto insurance defense lawyers will argue the intoxication can be revealed to the jury ONLY AFTER after they decide on a verdict and not before a punitive damage hearing in the case, if there is one. The drunk driver's insurance lawyers will argue this since under Missouri law a jury does not consider punitive damage in the first trial, they decide it in a separate proceeding after the initial injury case is heard and a verdict determined. This makes the stipulated liability argument even more underhanded as the insurance lawyers are throwing their own client under the bus! Since auto insurer's, in most cases, do not have to cover punitive damage verdicts . So they are hoping the jury will give a small verdict in the injury case since the jury does not hear about alcohol or intoxication, and then the insurance company only has to cover that verdict and not the potential damages related to intoxication.

A good Missouri trial lawyer knows not to let this happen! Under Missouri law, even if the defendant admits fault, the intoxication and denial of liability is relevant to the Plaintiff's injuries, it helps show how needless the injuries were and the affect on the victim or their family from the defendant (through their insurance company) denying fault, it also goes to the defendant's credibility. See Burrows v. Union Pacific RR Company:

Even when a defendant makes an unqualified admission of liability, a plaintiff has the right to introduce evidence relevant to the issue of liability. Ruppel v. Clayes, 230 Mo.App. 699, 72 S.W.2d 833, 835 (St.L.1934). A defendant "cannot deprive [a] plaintiff of the right to present to the jury, in his own way, competent and relevant evidence to show all the circumstances attending [to] the accident." Id. To allow a defendant to substitute a "naked admission" for a full picture of the events may rob the evidence of much of its fair and legitimate weight. Id. at 836.

Additionally, in Franklin v Byers, 706 S.W.2d (Mo App 1986) the appeals court stated that the trial court did not abuse its discretion in admitting testimony and evidence regarding the circumstances of the accident and the defendant's intoxication. The party bearing the burden of proof is not bound to a party's admission.

We are a top injury law firm in St Louis, our head injury lawyer, Ben Sansone, successfully pursues drunk driving injury and wrongful death cases. Call today for a free meeting at (314) 863-0500 or contact us online.

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Before an individual pursues damages (money) for a personal injury claim, they should understand how this process works. Based on the law, damages for these claims can be collected if the injury is due to the negligence or actions of another entity. The damages that an individual collects can be in the form of pain and suffering, wrongful death, long-term or short-term disabilities, emotional injury and emotional distress. When an individual suffers from one or more of these things, they can recoup a certain monetary amount for their losses and debt incurred. The debt is normally due to various kinds of medical bills and hospital bills. The amount of money involved can be from a few thousands to millions of dollars for the injury that has been sustained. These awards are based on the severity of the injury. One of the reasons why the amounts can range from low to high is because the victim can claim punitive damages if it applies.

Obtaining Legal Representation

While some people may be tempted to pursue the case without the representation of attorney, this decision is normally impractical because the attorney involved should be well versed and skilled with knowing personal injury law. Additionally, the client should also look for those attorneys who have litigation experience, especially if the insurance company or private agency involved refuses to offer a reasonable award. If the client is concerned about the costs of representation, they can talk to the attorney about working on a contingency basis. Which means, after the client receives a settlement, the attorney will receive a certain percentage of the amount that is awarded.

Obtaining the right representation, however, may sometimes be difficult to do if the individual is not familiar with the best attorneys in the industry. Hence, the client will most likely have to do their homework before talking to any attorney. The process of getting the right attorney should be done as quickly as possible, since the individual will need guidance on what should be done within certain time frames.

Time frame for Filing

The time frames can vary based on the types of injury and the state that the injury was sustained in. The victim may have 120 days to file a personal injury claim or they may have 2-5 years. By contacting an attorney quickly, each individual will know how fast he or she should move. See General Guide to Missouri and Illinois Statue of Limitations for Injury Lawsuits.

Litigation vs. Mediation

In the past, litigation was the most commonly known way of seeking recourse for an injury. Today, insurance companies are now pushing more cases into mediation instead. When taking the cases through a mediation process, insurance companies can save on the court cost and time spent in court (some cases can take years to settle). Therefore, the mediation process is viewed as a more efficient process for settling injury claims outside of the court system. In some cases, this is a winning solution for the insurance company as well as for the injured person. In others, however, the injured may not receive the maximum that is allowed based the law.

by David Marocchi from Paramount Lawyers

Guest Author, bio at end of article.

A good injury lawyer is worth his or her weight in gold. Not only will a good one fight for you, a good injury lawyer will maximize the amount of money you receive. Unfortunately, like many professions, there are a lot of bad injury attorneys, and so anyone looking to hire one needs to do their research and determine what they need. Without further ado, here are four things to ask an injury lawyer before hiring one - trust me, you want know this information!!

Price

Naturally, you will want to know how much they charge. For injury cases, many lawyers will charge a contingency fee based on the money they win in the courtroom. For example, if you have a settlement, the lawyer will may charge 33%. You will want a lawyer who works on contingency, they will be much more likely to fight hard for you. Also, ask what costs you may be responsible for - some lawyers charge small fees that can add up quickly. Remember, a strong case should demand a lower contingency fee.

Participation

Ask the attorney what you will need to do on your end. To win a lawsuit, it is all about teamwork. Find out how much participation the attorney requires from you, because some lawyers are more hands off, while others love the participation. Make sure it is a good fit, no matter what your preference is. Ideally, you would have a lawyer that wants to participate with you while at the same time handling all the (difficult-to-understand) legal stuff.

How Long?

When discussing matters of law, it is a good idea to understand how well a lawyer understands it. The longer an attorney has been in practice in your area, the better grasp they will have of all the intricacies of your case Of course, there are solid attorneys that have not been in practice as long, but it would be prudent to know how long they have been working personal injury claims. Many lawyers switch their field mid-career, and this can be okay, but make sure any personal injury lawyer you hire has enough experience that you are more than confident in their abilities to win your case. A Google search can help you to figure out whether or not your area is more plaintiff-friendly or defendant-friendly, and this can have a huge impact on a newbie's ability to win.

Communication

Ask your lawyer how communicative he or she is with clients. Many lawyers are notorious for ignoring their clients while others seem to love constant contact. Choose what is right for you - most people should seek a lawyer with good communication skills, especially since the legal process is intimidating and confusing to the average person. Remember, good communication in any relationship is vital, a client-lawyer relationship is no different. You don't want to be stuck talking to a receptionist, but if you are, make sure that at they are at least happy to work with you!

In most cases, the amount of money you receive comes down to the competency of the lawyer. A good lawyer is worth his or her cost, as in the end, he or she can get you a sizable settlement. Remember to not only to ask these questions, but note how you feel when sizing them up - intuition goes a long way.

Amy Rydell writs about law, consumer advocacy and more. Her favorite piece is on the Top 10 Best Online Criminal Justice Degree Programs.