Auto Accidents

What to do if you are injured in an auto accident…

Don't try to take on the insurance company on your own. Signing documents and authorizations or making recorded statements for the insurance company can put you at an unfair disadvantage. Your personal medical insurance is not going to provide the coverage you need to address all of the costs that come along with a serious personal injury caused by a car accident. That is why action must be taken against the negligent driver and that driver's insurance company. If the driver who hit you does not carry insurance or has only minimal insurance, you still may have opportunities. We can pursue uninsured or underinsured motorist coverage through your own insurance policy. You need to contact a lawyer as soon as you can to discuss your options.

Motorcycle Accidents

All too often, drivers of cars, SUV's, pick-up's and over the road trucks fail to keep a lookout and fail to yield the right of way to motorcycles. The results can be catastrophic, resulting in very serious injury or death. Even the most experienced motorcycle drivers are at a disadvantage against the much larger and heavier vehicles on the road. Bikers have limited protection to absorb the impact with other vehicles and or the road surface. Drivers of motor vehicles are expected to use the highest degree of care. Inexperience, lack of safety training, excessive speed, faulty safety equipment, distracted drivers and driving while impaired by alcohol can all result in tragedy. If you or a loved one has suffered serious physical injury in a motorcycle accident, you could be entitled to damages including medical expenses (past and future), lost wages, and payment for your injury.

Boating Accidents

Boat operators are expected to use the highest degree of care. Boat owners can also be held accountable for negligently entrusting a boat, waverunner or jet ski to a person they know to be incompetent to operate it. Property owners can be held liable if they are negligent in supervising minors for whom they have taken responsibility. Common hazards include drowning, failure to yield right of way, boats sinking, boats colliding with other boats, jet ski accidents, fires and explosions, crashes into docks and shores, people thrown overboard, and boat defects.

Dog Bites

If you or a loved one has been attacked by an animal, we can bring a claim under several different causes of action to recover your damages: (1) premises liability, (2) common law negligence, and (3) strict liability. Dog bite victims often suffer life-long scarring and disfigurement requiring medical treatment and plastic surgery. You could be entitled to compensation for medical expenses (present and future), scarring, disfigurement, lost wages, and emotional distress.

Slip and Fall

Just because you have fallen on another person's premises, it doesn't mean he is liable for your injuries. In order for a person or business to be deemed negligent, you must prove the following occurred: (1) the condition of the property was dangerous for visitors, (2) the owner of the property was aware of the dangers, (3) and the owner had ample time to fix the condition of the property, or at least warn visitors of the dangers. You could be entitled to compensation for medical expenses (present and future), loss of income, and pain and suffering.

Medical Malpractice

Whether a doctor, nurse, hospital, dentist, or chiropractor has been negligent is usually a question to be resolved by other expert doctors. It is difficult and expensive to litigate medical malpractice cases. As a result, only the most obvious examples of neglect, with substantial permanent injuries are successful. While no professional can guarantee results, each profession has recognized standards of care that may result in a malpractice claim if breached. If you have suffered significant damages as a result of professional malpractice, medical or otherwise, you should seek the services of a lawyer to learn about your options.

Wrongful Death

If you have lost a family member because of the careless actions of another party, you may be entitled to compensation for your loss. In wrongful death, you may be entitled to significant compensation for any medical costs the victim accumulated prior to death, funeral costs, and loss of income, as well as for the emotional suffering that you and your family have been put through.

WORKERS’ COMPENSATION

Introduction

If you are injured while working for your employer in Missouri, you probably have several questions for which you cannot readily find answers. You may not have received weekly benefits for time you missed from work due to your injury. Your employer may be refusing to acknowledge your injury because it is due to repetition or overuse, i.e. the injury did not occur "suddenly". Perhaps you have had problems with the same part of your body before your work injury and are unsure of your employer's responsibility for your current physical condition. The following information should answer some of your questions, but it should never serve as a replacement for a lawyer.

The Injury

If you have been injured on the job, regardless of the type of injury, you should report the injury to your employer as soon as possible (notification of your injury to your employer is required before a claim for workers’ compensation can be filed). If you require medical treatment, you should request it. If your employer chooses not to provide medical treatment or refuses to acknowledge your injury, call a lawyer.

Medical Care for Your Injury

An employer in the state of Missouri is required to provide medical treatment, at its or its insurer’s expense, to an employee who has suffered an injury which arose out of and in the course of his/her employment. The employer/insurer selects the treating doctor or other health care provider and pays the medical bills. An employee is allowed to treat with his/her own doctor if he/she wishes, but will be forced to do so at his/her own expense.

If, in order to treat with the doctor selected by the employer/insurer, the employee must travel out of town, the employer/insurer must pay his/her mileage and reasonable expense in advance or provide reimbursement after the trip. If, after the employer/insurer stops providing medical treatment, the injury continues to require treatment, the employee may seek an award for further medical treatment. Additionally, the injury may require medical treatment for the rest of the employee’s life, in which case the employee may seek an award for future medical treatment.

Scarring and Disfigurement

An injured worker may also receive an award of up to 40 weeks for scarring and disfigurement caused by the work injury, or by surgery necessitated by the work injury. The payment for scarring and disfigurement is usually paid in a lump sum. It is usually necessary for the injured worker to be seen by an administrative law judge (ALJ) for an assessment of the degree of scarring and disfigurement. Each "week" of scarring and disfigurement is equal to two-thirds (2/3) of the employee's average weekly wage at the time of the injury, up to a maximum. The maximum amount payable depends on the date of the injury. Whether scarring and disfigurement is owed depends on the location of the scar on the body.

Temporary Total Disability Benefits (TTD)

Injured workers who are advised by a physician to be off work due to their work injury for a period of more than three days are entitled to TTD benefits. TTD benefits are payable weekly at a rate equal to two-thirds (2/3) of the injured worker's gross average weekly wage at the time of the injury, up to a maximum. The maximum TTD benefit depends on the date of injury. Additionally, he employer also must provide "light" or "restricted" duty if the doctor recommends it, provided such duty is necessary because of the work injury.

Permanent Partial Disability Benefits (PPD)

PPD benefits are paid to injured workers who have permanent limitations or restrictions due to their work injury. PPD is usually paid in a lump sum, and is usually based on a disability rating from a doctor. Many times your attorney can negotiate a settlement without obtaining a rating from a doctor, however, depending on the type and severity of the injury. The amount of PPD owed to a worker depends on the part of the body injured, the severity of the injury, and the gross average weekly wage of the worker at the time of the injury. PPD benefits are also subject to a maximum amount, which varies according to the date of the injury.

Permanent Total Disability Benefits (PTD)

Permanent total disability (PTD) benefits are paid to workers who are unable to work for the remainder of their lives as a result of their work injury. PTD is also paid to workers who are totally disabled as a result of the combination of any pre-existing conditions (medical conditions they suffered from before their last work injury) with their last work injury. PTD is paid in an amount equal to two-thirds (2/3) of the employee's gross average weekly wage at the time of the injury, up to a maximum (the maximum amount payable depends on the date of the injury). PTD can be paid weekly for the remainder of the injured worker's life, or can sometimes be commuted to a lump sum. Settlements or awards for PTD (and also permanent partial disability) may affect the amount of Social Security Disability benefits a worker receives. Your attorney can also advise you regarding the expert testimony that will be required to prove permanent total disability, including medical and vocational testimony.