Missouri Personal Injury Lawyer Blog

We all rely on state and local governments to keep our roadways safe. Unfortunately, for various reasons, defective roadway conditions still cause serious car, truck, or motorcycle accidents, making it necessary to file Missouri defective roadway claims.

How defective roadway conditions cause accidents: A hypothetical example

Michael and Paige were driving home from visiting friends when an extremely strong storm blew in. The wind was so strong that the rain was blowing horizontally: it was everything Michael could do to keep the car on the road. Other drivers on the crowded highway did the same. There was nowhere to pull off to get to safety.

Michael and Paige sustained serious injuries. Michael was unable to work for 18 months and required multiple surgeries and extensive rehabilitation. Paige suffered from post-traumatic stress and complications from her pre-existing Addison's disease. Their 528i BMW was totaled.

What type of Missouri roadway defects cause accidents?

The following Missouri roadway defects may be the main cause or a contributing factor in a serious car, truck, or motorcycle accident.

• Lack of appropriate signs regarding construction zones, speed-limit changes, merging traffic, or weather conditions.

• Lack of appropriate safety barriers such as guardrails.

• Unsafe shoulder drop-off.

• Construction debris on roadway or shoulder.

• Inadequate roadway maintenance.

• Dangerously designed roadway intersections.

• Improper Missouri roadway construction.

Continue reading "Roadway Defects & Their Impact on Missouri Car Accidents" »

Prior injury doesn't negate recovery for injury exacerbation in Missouri, according to precedent. In other words, when personal injuries are caused by negligence, Missouri law says the victims are entitled to full compensation for their losses, even if they suffer from preexisting conditions. This concept is known as the "eggshell skull rule," which provides that you take your plaintiff as you find him or her.

Consider this hypothetical example:

• Max and Sam sit at the same table in school. They've been arguing, and in frustration, Max kicks Sam in the shin. Max doesn't even kick that hard, but Sam screams, and his leg immediately swells. As it turns out, Sam had injured his shin playing soccer the week before, and Max's actions make the injury much worse: Sam requires surgery, and in the end, Sam's mobility is permanently affected. Sam can sue Max for the full extent of his injuries, even though Max didn't intend to cause any real damage; and even though Sam's preexisting condition (not caused by Max) made him more susceptible to injury.

The Kingman Case

The eggshell skull rule played a role in a 2011 Missouri 8th Circuit case: in Kingman, et al. v. Dillards, Inc., the court held that an injured woman deserved to be fully compensated for injuries sustained to her shoulder, even though she had injured the same shoulder previously.

In 2004, Paula Kingman was shopping in a Dillards store when a high-hanging clothes filled rack fell on her. She twisted her right arm back violently to avoid being hit in the face and buried in clothes. Her right shoulder was injured that day as well as in both previous and subsequent accidents - in fact, years previously, she had been involved in a car accident that left her husband a quadriplegic. Paula had been his primary care giver, until the Dillards accident.

Paula sought compensation from Dillards for her injury. Dillards defended with the contention that they didn't cause Paula's injury and that they couldn't have known that Paula was already injured.

Continue reading "Missouri Personal Injury Claims and the Eggshell Skull Rule" »

As Missouri personal injury attorneys, we're frequently asked about the settlements our clients may receive. Here are some of the most common questions...

Q: Why would I need a personal injury lawyer if I've already been offered a settlement that covers my bills from the other driver's insurance?

A: We advise never accepting any settlement before you are completely certain of what injuries you have suffered. It's easy to immediately see what has happened to your vehicle, but not as easy to see what has happened to your body. You need to consider the long term implications for recovery, to what extent you will require ongoing medical treatment, and any lost wages while recovering.

Always determine the full value of your claim before accepting any settlement from an insurance company. Otherwise, you might find that it does not cover your needs: once you've accepted, it will be too late for you to do anything about it. We know it's tempting to take that check immediately and be done with it, but if you do that, you may very well be cheating yourself out of funds you'll need to manage your recovery. The best way to determine if a settlement offer is fair is to consult with a Missouri personal injury attorney, whose specific experience in this area can guide you.

Q: What if I can't afford an attorney?

A: Most personal injury law firms provide a free initial consultation, and will only receive money if they win a claim for you. In this case, they would take a percentage. So, you have no need to worry about legal bills on top of medical bills--you can feel confident in hiring the proper legal representation to get you the settlement you deserve.

Continue reading "Commonly Asked Questions about Missouri Personal Injury Settlements" »

Several million Americans, including many Missourians, have suffered a traumatic brain injury (TBI) - a sudden violent blow to the head that affects normal brain function. Our Missouri personal injury attorneys know that the most common cause of these injuries is automobile accidents. Brain injuries can result in many difficult symptoms, such as memory loss, decline in motor skills, and other physical effects. Many sufferers are unaware that they've even had this type of injury until long after other symptoms and conditions have developed.

Studies show that depression is another common side effect of brain injuries, one which often goes undiagnosed and untreated. Although depression from a brain injury usually appears within a year of the injury, the risk of it developing later in life is permanently elevated. In fact, a study by Vanderbilt University reports that 30 percent of traumatic brain injury sufferers will develop depression at some point in their life.

TBIs result in 1.2 million emergency room visits each year, and "[a]ny patient who has a traumatic brain injury is at a real risk for developing depression, short and long term," according to study co-author Oscar Guillamondegui. The study found that, on average, 27% of patients met criteria for depression 3 to 6 months after injury; 32% at 6 to 12 months; and 33% beyond 12 months.

"Whether you look at depression 3 months after TBI or 1 year or even 5 years, the prevalence is consistently about 30% across the board at all time points regardless of type of injury or severity of injury. When you consider that estimates of depression in the general population run at about 8% to 10%, this is very high," said Dr. Melissa McPheeters, the co-author.

Continue reading "Brain Injuries and Depression Are Directly Linked: Most Brain Injuries Result From Car Accidents" »

If you have been injured in a Missouri accident, and you want to file a claim for damages, the first step is typically an initial consultation with a qualified Missouri personal injury law firm. This meeting gives you a chance to discuss your case with an attorney, and decide if the firm is the right one to represent you.

However, the point of the initial consultation is not just to discuss your case: it's also an opportunity for you and the attorney to get to know each other. It's important to use this time to learn about the legal process you are embarking on, and get to the all the information you need about that process.

Every case is different. Bear in mind, without having the complete details of your case, it will be difficult for any attorney to give you a sense of what your claim will entail. It's a good idea to bring any medical records, physician's diagnosis, police reports from the accident, or any other pertinent documentation with you to this consultation.

This meeting is designed to help you make several informed decisions, including whether or not you actually have a case worth pursuing. If you've never retained an attorney before, or if you've never filed a claim for damages, it is likely you will have have many questions.

Continue reading "What Happens During an Initial Consultation with a Missouri Personal Injury Attorney?" »

Teen driving safety is an issue that our Missouri personal injury attorneys feel strongly about. We have offices throughout the state (Springfield, Joplin, Cape Girardeau, Columbia and Kansas City), and we see far too many serious accidents that involve Missouri teenagers. The Insurance Institute for Highway safety reports that 11 American teenagers are killed every day in traffic accidents that are largely preventable: these accidents are the number 1 cause of death for teens. To combat this massive problem, the Allstate Foundation and the National Organizations for Youth Safety (NOYS) have developed the "Act Out Loud" program, which recognizes school-based driving safety projects led by teens. In the program, open to high schools throughout the United States, students participate as a team in three different activities. They are awarded points based on school participation and activity, and overall winners are chosen. The deadline to register your school is January 31.

The Safe-Tee Design Activity (February)
For this contest, teens create an awareness message on a T-shirt template: the topic of the message should be related to the dangers of using cell phones and other electronic devices while driving. During the week of February 13-17, teams will upload their designs to the Act Out Loud website. Judges will select the top 25 entries, and feature those designs on the Act Out Loud Facebook page, where they will be open to public voting from February 24-29. Along with points awarded based on the number of votes received, the winners will also receive up to 500 T-shirts featuring their design.

Creative Community Sign for Safe Driving (March)
This activity focuses on spreading awareness throughout individual communities. Teams must develop a creative sign that focuses on passenger restrictions. (Suggestions include spelling out messages using items like plastic cups (in a chain length fence), cupcakes, football helmets, the school marching band, etc.). Then, students will photograph their signs and upload them to the Act Out Loud website: again, the top 25 entries are posted on Facebook and voted on. Signs should be uploaded the week of March 12-16, and voting will take place March 23-27.

Create a Facebook Yearbook (April - May)
Teams download a "Yearbook of You" photo montage application from the Act Out Loud Facebook page. The app identifies the user's top 10 tagged friends, and those friends receive a video message containing information about teen driving safety. Scoring for this activity is based on the number of "Yearbook of You" montages generated by a school team. Also, there's an $11,000 prize to be given to one randomly selected montage (with an additional $1000 award for every student featured in the montage).

Continue reading "Act Out Loud Program Promotes Teen Driving Safety in Missouri and Nationwide" »

All Missouri injury lawyers know that along with liability, the concept of "Duty of Care" is an important factor when attempting to negotiate a fair auto accident settlement. Duty of Care is a core concept, one that allows our society to keep functioning.

This phrase refers to our obligation to behave in a way that will not cause injury to anyone else. As a part of this responsibility, we must obey the law, and act in a manner that doesn't impose on others' safety.

It is easy to apply this concept to driving. When behind the wheel, we have a duty of care to follow the speed limit. We also have a duty of care to avoid driving when we're under the influence of alcohol or drugs. We all know that making irresponsible driving choices can create serious consequences for other drivers, or even the other passengers in our car.

If duty of care is not upheld, that infraction is known as "breach of duty." In the case of car crashes, there is a clear breach of duty if someone fails to use a turn signal, to stop at a stop sign, to obey the speed limit, etc.

In a Missouri personal injury claim, the party who committed the breach of duty is negligent and therefore liable for the auto accident.

Continue reading "How Does "Duty of Care" Apply to a Missouri Auto Accident Case?" »

If you've been injured in an accident and are thinking of hiring a Missouri personal injury attorney to pursue your claim, you may be imagining a quick process and a speedy settlement check deposited in your bank account. While it's true that your case could be resolved fairly quickly, it could also require a more extended process, depending on certain factors. Our attorneys will need to take the time necessary to ensure your interests are fairly represented, and this amount of time is different for every client.

Why do some cases take so much time?

Investigating the injury
A personal injury claim requires investigation, which can be time consuming, depending on the circumstances. An important note: once you have retained a personal injury lawyer, it is recommended that you discuss your case only with that lawyer. Disclosing information to other parties (particularly if they might be witnesses, or working for the party you are trying to win money from) can be extremely detrimental to your case.

Proving negligence
Establishing fault is one of the most important factors in winning your case. Once again, this can require extensive time and resources, depending on the nature of the claim: an auto accident, a semi-truck accident, and a defective product accident all present unique situations. Tracing liability to the proper party is a vital aspect of your personal injury case, and requires diligently collected evidence.

Continue reading "How Long Does a Springfield, Missouri Personal Injury Case Take Before a Settlement is Reached?" »

Missouri Personal Injury lawyers are frequently asked questions about legal terms used in personal injury claims. One of the most important terms to understand is the concept of "liability," because proving liability is a main factor in winning your case.

Simply put, liability is a synonym for fault. In a personal injury case, liability has to do with who is responsible for your injury, whether it's a person, a group of people, or a company.

In many auto accident cases, it is easy to establish which driver was at fault. However, there are cases when more than one party bears responsibility for the accident. It might be that most of the liability falls on another driver, but it's possible that some also lies with you. Whoever is found to possess the lion's share of liability will usually wind up paying for the accident.

If it cannot be conclusively established who is at fault for the accident, the insurance company might use this problem to offer a lower settlement or even argue against any settlement.

The Connection Between Liability and Negligence

From what Missouri auto accident attorneys have experienced, most motor vehicle accidents do occur because of someone's negligence or carelessness. They can even result from what is called "criminal negligence," which refers to a negligent act that happens while someone is breaking the law, such as driving drunk. The person or company who was negligent bears liability for the accident, and is responsible for paying damages to the person who was injured.

Continue reading "The Importance of Liability in a Missouri Personal Injury Case" »

As Joplin, Missouri car accident lawyers, we receive many inquiries from people who have been in an accident with either an uninsured or an unlicensed driver. This issue is much more widespread than you might imagine. For most of us, as law abiding citizens, it would not occur to us to drop our auto insurance, or to get behind the wheel with no driver's license.

However, about 1 in 10 motorists do drive illegally nationwide, according to traffic researcher Robert Scopatz of Data Nexus Inc. This translates into hundreds of Joplin drivers and thousands of Missouri drivers who are on the road illegally.

This statistic includes some people who never had driver's licenses to begin with, and others who lost their licenses but kept driving anyway. In this economic climate, licenses are lost for financial reasons even more often than for negligent behavior behind the wheel.

Not paying parking tickets, neglecting child support payments or missing a court hearing can trigger a license suspension. Fines can pile up, leaving many without the financial means to restore their legal driving privileges. Many people feel they have no choice, and are therefore justified in driving without legal licenses.

Continue reading "As Many as One in Ten Drivers on the Road are Unlicensed in Joplin, Missouri and Elsewhere" »

Understanding how personal injury claims proceed and common mistakes that injured victims make (that can ruin their chances for recovery of damages) is vital to those considering a personal injury claim. Here,Kansas City personal injury lawyers will discuss the things you need to do to ensure your case proceeds with the best chance for receiving fair and just compensation.

The first thing any injured victim must do after a car accident is seek appropriate medical treatment--and follow the doctor's advice and treatment program. Failure to do so, or any delay in seeking medical attention after the accident, can actually lessen the amount of damages you might receive.

Victims are generally expected to take reasonable steps to "mitigate their damages," meaning to do whatever is necessary to recover from their injuries. If injured plaintiffs fail to seek necessary treatment after an accident, they may be causing their condition to worsen, making it harder to treat and more costly than it would have been if they sought immediate treatment.

The Most Important Thing to do After a Car Accident:

• See a doctor right away. Do not miss appointments with your doctor. The words "no show" in your doctor's records can be used against you to prove your injuries were not as serious as you claim.
• Follow your doctor's treatment program. This may include attending physical therapy sessions. This type of therapy is frequently prescribed for strains, sprains, and other soft tissue injuries. Please participate actively in this process--failure to do so can also be used as evidence that your injuries were not serious, and that you are not serious about your own recovery.

Continue reading "Car Accident Victims' Actions After the Accident Can Affect a Damages Award in Kansas City, Missouri and Elsewhere" »

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" »

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" »