Blog Posts in September, 2011

  • Do I Need an Auto Accident Attorney?

    || 30-Sep-2011

    People often feel that contacting a lawyer after an accident can be intimidating. Many people either don't want to look like they lack knowledge and need help, or they don't want to appear to be trying to sue just for the money. Neither reason should prohibit an injured person from contacting an accident attorney and I'll cover why that is so in this two part series. A Car Accident is ...
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  • Missouri Animal Bite by a Macaque Monkey

    || 28-Sep-2011

    An eight-year-old Missouri girl was injured by a pet monkey in the parking lot of a Springfield Wal-Mart, according to a recent article on The girl was walking through the parking lot with her father when she saw the monkey sitting in a vehicle parked in the lot. Curious, the girl approached the macaque, which attacked her, leaving her with injuries to her forehead. The girl was taken ...
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  • Proper Venue for Uninsured Motorist ("UM") Claims

    || 26-Sep-2011

    Since the statutory changes in 2005 requiring most Missouri personal injury actions to be brought in the county where the initial injury or negligent act occurred, there has been some confusion regarding how to apply this to a Missouri uninsured motorist car accident claim, often referred to as a "UM" Claim. An uninsured motorist claim under Missouri law arises when someone is injured by ...
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  • No Workers Comp Exclusion where Employer has no Insurance

    || 25-Sep-2011

    The Missouri Court of Appeals for the Western District, in Lewis v. Gilmore, finds: Nothing in the Workers' Compensation Act prohibits an employee or his dependents from recovering workers' compensation from one employer and tort damages from another employer who failed to secure workers' compensation insurances for its employees. In fact, the plain language of section 287.280.1 allows ...
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  • Absence of injury to passengers: proof of lack of injury?

    || 22-Sep-2011

    The heart of most personal injury claims, especially clear liability motor vehicle accidents, is damages. Damages being economic and non-economic; Economic damage is the amount of money required to compensate the Plaintiff for the out of pocket expenses (i.e. medical bills, future medical costs, medicine, lost wages, etc.) Non-economic damages or "pain and suffering" being the amount to ...
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  • MO Court holds uninsured motorist exclusion unenforceable

    || 21-Sep-2011

    Court holds uninsured motorist exclusion unenforceable against injured party After a crash in Missouri caused by a driver who left the scene, an insured sought uninsured motorist coverage under the policies that covered his two cars, but not the motorcycle he was operating at the time of the crash (which was insured under a policy with another company). The policies for the two cars excluded ...
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  • Do you have a Med-Mal case?

    || 20-Sep-2011

    People rely upon medical professionals every day to solve the health problems that they are having. We trust doctors and physicians to return us to normal as soon as possible. If it is necessary to have a surgical procedure, we expect that the surgeon will perform these tasks with great caution. Unfortunately, not every procedure or recovery goes as planned. Patients may sometimes find themselves ...
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  • MO Dram Shop liability

    || 19-Sep-2011

    "Dram Shop" cases are drunk driving injury cases pursued by the injured party, or their surviving family as a wrongful death claim, against the bar or restaurant that may have over served the intoxicated driver that caused the car accident. Under Missouri Statute § 537.053 a Dram Shop case has three main elements to the cause of action: 1. The claim must be brought (1) "by or ...
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  • Birth Injuries

    || 18-Sep-2011

    Childbirth is a time of enormous physical stress for both mothers and their babies. Despite careful planning, a lot can go wrong. Unfortunately, birth injuries are all too common and can have serious, lasting consequences. Parents-to-be should familiarize themselves with common birth injuries and what legal measures are available in cases of medical error. Common Serious Birth Injuries Some of the ...
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  • Unconstitutionality of Med Mal Damages Caps

    || 16-Sep-2011

    [Un]Constitutionality of caps Non-economic damages caps are controversial tort reforms to limit ( i.e. , "cap") damages for intangible harms such as severe pain, physical and emotional distress, disfigurement, loss of the enjoyment of life that an injury has caused, including sterility, loss of sexual organs, physical impairment and loss of a loved one, etc. These are, collectively, ...
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  • General Rules of MO Sovereign Immunity

    || 15-Sep-2011

    Under Missouri tort law, government entities have sovereign immunity from lawsuits except for certain exceptions and the MO personal injury damages are capped per Missouri statute. In order to sue a government entity in Missouri for injury or death in premise cases, the personal injury attorney, on behalf of the injured victim, must prove the dangerous condition exception to sovereign immunity. ...
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  • Missouri Soveriegn Immunity--a new loophole on caps?

    || 14-Sep-2011

    Under Missouri personal injury law, government and public entities are immune from certain causes of action, however, if a dangerous condition exists on the property then the government or public entity is liable. Even when they are liable, Missouri law affords a limit on the amount an injured person can recover from these entities, basically, $300,000 per injured person, adjusted for inflation. ...
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  • New Law lets Patients check Doctors' Credentials

    || 13-Sep-2011

    A new Missouri state law that recently went into effect allows patients greater access to information about their physicians and gives power to the state's medical regulation board to more quickly take away doctor's licenses to practice. Supporters believe that the increased access to data will allow patients to make informed decisions about which doctors to go to and reduce the number of ...
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  • Missouri Bicycle and Motorcycle law

    || 12-Sep-2011

    Missouri Bicycle Requirements In Missouri, bicycles and motorized bicycles may ride on any street except travel lanes of interstate highways or where prevented by a local law. (Motorized bicycles must be licensed as mopeds.) Bicyclists have the same rules, rights and responsibilities as other drivers. For example, bicyclists must stop at stop signs and drive on the right-hand side of the road. ...
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  • Lost Chance of Survival under Missouri Law

    || 11-Sep-2011

    Lost Chance of Survival recognized under Missouri law. If the professional negligence of a physician ( medical malpractice ) results in the death of the patient, the case becomes one of " wrongful death." Under Missouri law, however, it is not absolutely necessary in all cases to prove that, in the absence of the negligence of the treating physician, the patient would have survived. ...
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  • Challenge to Kansas Damages Cap

    || 10-Sep-2011

    Constitutional challenge to Kansas' Damages Cap Nationwide, both the legal and medical communities await the ruling of the Kansas Supreme Court on the proper constitutional limits of the legislature to limit caps on non-economic damages. The current law, enacted in 1988, limits jury awards for non-economic damages to a maximum of $250,000, regardless of any higher amount the jury may award. ...
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  • Med-mal statute of limitations tolled for continuing treatment; jury issue

    || 8-Sep-2011

    Med-mal Statute of Limitations tolled for continuing treatment; the issue is for the jury to decide. In an opinion filed July 26, 2011, the Court of Appeals, Eastern District affirmed the longstanding rule that so long as a physician accused of professional negligence ( medical malpractice ) continues to treat the plaintiff as a patient for the same or related conditions, the statute of ...
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  • New Penalties for Texting while Driving

    || 6-Sep-2011

    New Kansas law makes texting while driving a punishable offense. H Sub for SB 300 prohibits a person who is operating a motor vehicle on a public road from texting – using a wireless communication device to write, send, or read a written communication. The bill includes exceptions for law enforcement and emergency service personnel; receiving emergency, traffic, or weather related messages; ...
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  • Punitive Damages and Missouri Tort Reform

    || 4-Sep-2011

    Missouri Tort Reform On March 29, 2005, Governor Matt Blunt signed into law House Bill 393, which applies to causes of action filed after August 28, 2005. The new law adds new sections and modifies existing sections of those revised statutes that relate to tort actions in Missouri. Among other things, the tort reform provisions drastically modify the Missouri law on punitive damages, making them ...
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  • Medical Records Just Got Cheaper

    || 3-Sep-2011

    Personal injury cases have significant expenses, especially medical malpractice cases. Experts, depositions, discovery, travel, and the list goes on. One of the expenses just got more affordable, meaning potentially more money for our clients. You can imagine how expensive retrieving all the medical records from the hospital could be. Until recently, medical records were subject to a forty cent ...
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