Missouri Personal Injury Lawyer Blog

As Joplin MO car accident attorneys, we frequently write about the importance of having a lawyer to represent you in a personal injury claim. However, there are other professionals who may be equally as important to winning a settlement: your doctors.

If you are injured in a Joplin Missouri accident, you should always see a doctor at once. Taking care of your health should be your first priority. Sometimes personal injury victims don't seek medical attention immediately: they think they will recover on their own, or they don't like doctors, or they're worried about the bills. However, failing to see a doctor right away may not only adversely affect your health: it can adversely affect any personal injury claim you decide to file somewhere down the line.

In personal injury claims, whether related to a Joplin car accident or any other type of accident, proof of damages via medical evidence is vital. This evidence becomes even more important if your case goes to trial to be decided by a jury. The importance of medical evidence and a doctor who will back you up cannot be overstated.

As the plaintiff in a personal injury trial, the burden of proof falls on you. Either a judge or a jury will examine the evidence to decide whether, by a "preponderance of the evidence," the defendant should be held legally responsible for your injuries, pain and suffering, etc.

Continue reading "The Importance of Medical Evidence in Joplin, Missouri Personal Injury Trials" »

In our Kansas City MO personal injury law practice, we frequently have clients who experience a great deal of stress after being injured in a car accident--understandably so. One of the main issues these clients are worried about is how they will pay their doctor and hospital bills. Even a short stay in the hospital can add up to bills in the tens of thousands.

Clients worry that they will be refused treatment if they have no insurance. They are afraid their credit will be ruined by past due bills. If they cannot work, they worry that they might even lose their house or not have enough money to feed their families. And worst of all, they worry that they might never be able to collect the compensation they deserve for their bills, injuries and suffering. Worry about expenses is an unfortunate burden to bear on top of the injuries these victims have already suffered.

These anxieties are not completely unfounded. In many car accident claims, the victim will have to pay out of pocket or seek other financial options while waiting for a settlement from the insurance company. Injury claims are not as cut and dried as vehicle damage claims. This is because unlike a car, a person's injuries can worsen, and it can take time to determine how serious they are, and what the short and sometimes long term costs will be.

This situation can put an injured victim between the proverbial rock and a hard place: you need a settlement as quickly as possible, but it's a known fact that the first offer an insurance company makes is likely to be very low--and less than you need.

Continue reading "After a Kansas City Car Accident, Worries about Paying Medical Bills Can Add Insult to Injury" »

A tragic hit and run accident that happened in Overland Park, Kansas will be of interest to our Springfield MO personal injury clients. A woman driving under the influence of drugs hit and killed a pedestrian; a 70 year old grandmother. Springfield personal injury lawyers have recently heard that the driver, Jill Conaghan, pleaded no contest to the charge of involuntary manslaughter, and was sentenced to three years and six months in prison.

Sandra Carocari, 70, was gardening in her own front yard at the time of this unexpected accident. A van driven by (at that time) 19 year old Jill Conaghan swerved, veering off the road and hitting Carocari, who died at the scene. Conaghan at first drove away, but later returned with her father to the scene and confessed her part in the accident.

Conaghan also received a six month concurrent sentence for leaving the scene of an accident, which is considered a felony crime in Missouri if anyone has been injured or killed.

Do Criminal Court Proceedings Lead to Financial Settlements?

The question many of our clients ask is, "are there also grounds for a civil suit as well?" In the case reported above, Ms. Conaghan was sentenced during a criminal proceeding. Many people are under the misapprehension that when a person is convicted of a crime, the victims or their families will be compensated financially--but this requires a completely separate proceeding.

Continue reading "Hit And Run Accidents Can Lead to Jail Time, but Do They Also Lead to Financial Compensation for Springfield, Missouri Victims?" »

A personal injury lawsuit filed against a Springfield MO trucking company highlights both the dangers of tractor trailers, and the ways that truck injury claims are different than auto accident claims. As is common in tractor trailer accidents, the victim is suing the both the truck driver and the trucking company he worked for. Springfield personal injury lawyers frequently need to explain to our clients why there might be more liable parties than just the truck driver, in any semi-truck accident.

The lawsuit involves Donald W. Daniels, a disabled newspaper hawker who was struck by a tractor-trailer this past May. According to the suit, Daniels is seeking upwards of $150,000 in damages from Carlton Antonio Hight, the truck driver who hit him, and the company Hight is employed by, New Prime Inc. of Springfield.

Here's what Missouri injury lawyers now know about this case: Daniels, 52, was selling newspapers in the median at Silas Creek Parkway and Stratford Road on May 12. Because he is disabled, Daniels could not get out of the way of an oncoming tractor trailer--which apparently swerved out of its lane and ran right over his legs.

At the time, local police charged Hight, 37, with "failure to decrease speed to avoid colliding with a person" along with "failure to maintain lane control while driving a street with marked lanes."

Continue reading "Disabled Man Run Over by Tractor Trailer--Sues Truck Driver and Springfield Missouri Trucking Company" »

Perhaps the most common question we are asked as Kansas City personal injury lawyers is "what is my case worth?" To answer this question, all the facts in each case must be weighed individually. There are no standard amounts for what any particular injury is worth. The nature and extent of the victims' injuries, whether or not there is a permanent disability, the amount of lost wages, and even the percentage of their own fault, if any, must all be factored into the equation.

When our Kansas City injury clients come for their initial consultation, we try to find out as much as possible about their injuries and their situation to assess whether or not they have a case warranting our services.

Although it's difficult to give an estimate of a claim's worth before the victim has finished their medical treatment, this doesn't mean that you should wait until you have finished recovering before consulting a lawyer. In fact, the opposite is true.

These are some of the factors we take into consideration when assessing the potential value of a claim:

1. Comparative fault: Sometimes the entire liability for the injury falls on another party, but in some cases the injured victim shares some of the fault for the accident. This can substantially lower the amount of recovery.
2. Seriousness of injuries: Will they heal, or will the victim be partially or fully disabled? Were there broken bones, internal injuries, or surgeries involved in the treatment? Does your physician think you will need continuing treatment? If so, what are the estimated costs? Medical evidence must be available to support these claims, such as CT scans, x-rays, etc.

Continue reading "The Most Common Question Asked of Kansas City Personal Injury Lawyers: What is my Case Worth?" »

Appeals are a subject that many people in Kansas City and around the country do not fully grasp. Let's discuss the recent reversal on appeal of a $43 million settlement in a. product liability lawsuit. This case was appealed all the way to the state Supreme Court, which threw out an Illinois jury's award to the victims of a 2003 crash that killed a Missouri man and disfigured his wife.

The lawsuit claimed that the design of the Ford Motor Co. vehicle involved in the crash was faulty. Ford countered that its 1993 Town Car exceeded all federal crash safety standards and in fact had received a five-star safety rating.

At the trial, the jury sided with the victims. They agreed that Ford's design for the Town Car must have been faulty, as it burst into flames after being rear ended. The auto manufacturer was ordered to pay more than $5 million to the deceased's estate, $23.1 million to his wife, and $15 million in punitive damages.

What Are Appeals and Who Benefits From Them?

Although the vast majority of personal injury lawsuits in Kansas City MO are settled out of court, jury trials can and do happen. If your case goes to trial and you are awarded a settlement, you might breathe a sigh of relief. After all, it has been a long road to that settlement, sometimes well over a year, and you may desperately need that money. However, regardless of how the jury rules, that may not be the end of the road.

Continue reading "The Role of Appeals in Kansas City Missouri Personal Injury Lawsuits" »

In Springfield personal injury lawyers' last post, we addressed personal injury myths that could keep an injured victim from seeking the compensation they deserve. In this post, Springfield personal injury lawyers will discuss myths pertaining to hiring a lawyer and the process of personal injury claims.

1. If You Hire a Lawyer, You are Guaranteed to Receive a Big Settlement

It is not a given that everyone who files a personal injury claim will win their case, with or without a lawyer. Having a lawyer represent you can result finding out your rights and navigating you through the complexities of the law and courts. But, there are never any guarantees. If the case does go to trial, juries are notoriously unpredictable.

2. To Win Just Compensation You Must Have a Jury Trial

Most personal injury cases are settled out of court, via negotiation or arbitration. Only about 5% wind up in front of a jury. This is both cost effective and time effective, allowing cases to be settled quicker and you to get the money you need quicker as well. However, if you can't resolve the claim, taking your case to court is always an option. Every case is different and unique.

3. Personal Injury Cases Take Years to Settle; It's Better to Simply Accept Whatever the Insurance Company Offers

The time frame to make a demand and begin negotiation is often a function of the nature of your injuries and recovery. For example, most doctors will not give an opinion on the long term impact of your injuries until you have reached maximum medical improvement. At that point, you are typically released from care.

Continue reading "Considering Pursuing a Personal Injury Case in Springfield Missouri? Personal Injury Myths Debunked--Part Two" »

As Springfield MO personal injury lawyers for over twenty years, we hear the same myths and misconceptions about personal injury lawsuits over and over. Some of these misconceptions actually discourage an injured victim from pursuing fair compensation.

So, here are some of the top personal injury myths, de-bunked...

1. Personal Injury Lawyers File Frivolous Lawsuits, Wasting the Court's Time and the Taxpayer's Money

Any good personal injury lawyer will take a close look at the facts in your case before agreeing to represent you. In Missouri, as in the rest of the country, lawyers can actually be sanctioned by the court if they file a "frivolous" lawsuit, meaning one without legal merit. These sanctions can include financial penalties, and will certainly harm that lawyer's reputation.

For this reason, most Missouri personal injury attorneys will offer a free initial consultation, where they can determine if the case does have merit before agreeing to take it on. In this way, they do not waste the victim's time, the court's time and of course, their own time. At the Aaron Sachs firm, our lawyers may not always tell you what you want to hear--but they will always give you the straight answers you need to know.

2. Plaintiffs Seek Punitive Damages to Get Rich

The purpose of punitive damages is actually to discourage the negligent parties or businesses from repeating their actions. Because punitive damages hurt businesses that hurt consumers, they are hoped to be an incentive for these companies to pursue safer practices in the future.

Continue reading "Considering Pursuing a Personal Injury Case in Springfield Missouri? Myths about Personal Injury Lawsuits Debunked" »

Too many of our clients are the victims of accidents caused by distracted driving. Because of this, Springfield Missouri injury lawyers have addressed this subject many times in our blogs. Although changing the laws can help, this increasing problem will probably only be solved by bringing more public awareness to the issue. Now, the Missouri Coalition for Roadway Safety, KRCG-TV and Joe Machens Ford have come up with a wonderful and pro-active idea.

As part of an awareness campaign to discourage distracted driving across the state, they are sponsoring "Focus on the Road", which includes a chance to win what else--but a new 2012 Ford Focus. Licensed Missouri drivers have until midnight of Dec.14th to enter the drawing for the new car, and the winner will be announced Monday, Dec.19 after 13 excited finalists each try their key in the car to determine the winner.

Read MoDot's press release about "Focus on the Road" here.

Although it is difficult to get exact statistics about distracted driving related car accidents, it is estimated that distracted driving causes around 8,000 crashes nationwide every day. Everyone probably knows that cell phone use, including dialing, talking and texting comprises the biggest hazard. But many people are unaware of other less publicized distractions such as map reading, fiddling with the cd player, or putting on makeup.

Continue reading ""Focus on the Road" Campaign Seeks to Discourage Distracted Driving in Springfield Missouri and Statewide" »