Missouri Personal Injury Lawyer Blog

Odds are that everyone will become involved in an automobile accident at least once in their lives. Hopefully the accident you happen to be involved in won’t involve any death or serious injury, but this is not always the case. Last year, the Department of Motor Vehicles reported a total of 6.2 million accidents in the United States, 2.2 million of these resulted in an injury. Currently, the US averages 40,000 vehicular deaths a year. In fact, in the 4 to 34 age range, automobile accidents are the leading cause of death.

Currently, the data suggests that one out of every three automobile accidents involves an injury of some kind. These injuries may be something simple like cuts or bruises that are obvious and easily detected. There are other injuries that aren’t noticeable right away however, and may include: stiffness, numbness, soreness, severe or repeating headaches, and brain injury. These could appear days, or even weeks after the accident. These so-called hidden injuries can even be difficult or impossible to test for, even using state of the art CAT Scans and MRI technology.

A couple of the more common hidden injuries include whiplash and concussion. Whiplash, also known as Myofascial injuries, causes pain due to muscle spasms that are the result of sudden distortions of the neck. The problem may usually result in torn tissues or nerves, disc damage, or even ruptured ligaments and fractured vertebrae can occur as well. The other common automobile accident injury, concussion, is a form of Mild Traumatic Brain Injury. This is physical injury to the brain which alters its functionality. Mild Brain injuries have 3 grades. A Grade 1 injury will result in confusion that usually recovers within 15-20 minutes. A Grade 3 injury can cause a person to lose consciousness for a few minutes.

Continue reading " Ages 4-34 More Likely to Die in Auto Accident Than Any Other Cause " »

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Posted In: Auto Accidents

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Roughly 13,000 train accidents occurred in 2007, during the course of which over 5,000 employees were injured. Employee injury accounted for 60 percent of all railroad accident injuries in 2007. When an employee does suffer harm while in the course of employment, the Federal Employers Liability Act (FELA) regulates possible lawsuits.

FELA allows injured railway workers to collect compensation from their employers; however employer fault must be proven. Railroad employees are commonly subjected to dangerous conditions; common injuries result from slip and fall accidents and exposure to toxic chemicals. Recent FELA cases also address issues and injuries related to railroad employee fatigue.

Currently, a Madison County, Illinois FELA lawsuit was filed in response to a worker being regularly fatigued through irregular work shifts and scheduling that developed into a sleep disorder after several years. The employee claims not only that the railway company, Norfolk Southern, failed to provide adequate rest periods, but also that the company failed to warn of the dangers related to irregular sleep patterns. The employee claims that workplace safety was neglected, and after working in such an environment for several years a sleep disorder developed, creating depression, pain and mental anguish.

By the nature of the railway industry, railroad employees are subjected to working long and irregular hours at various times. Although the federal government regulates work hours, railway companies still have a duty to provide their employees with a safe work environment, so as not to cause health complications. Visit Page//Cagle's Railroad Accident website to learn more about FELA, railroad accidents and lawsuits.

Continue reading " When Railway Employees are Injured " »

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Posted In: Railroad Accidents

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The Connecticut State Supreme Court upheld a $472,048 judgment for a former fire captain who sued the Connecticut Department of Transportation. The man was driving a truck when he came around a curve to find a Department of Transportation truck parked on the road. The man lost control of his truck when he tried to swerve in order to avoid the DOT truck; instead, he sustained severe head injuries in a truck accident by striking a guardrail and flipping his vehicle.

The lawsuit he filed against the state claimed negligence. The interesting aspect of this lawsuit is that the man did not recall the accident events after he sustained the resulting head injuries. He simply could not remember anything that happened. However, a woman following closely behind the man’s truck witnessed the entire accident and testified on his behalf at trial. This shows how important it really is to observe the scene of an accident and contact witnesses, or in the case of this man, to contact the police to find out if anyone was at the scene that claimed to witness the incident.

Pain and suffering, lost wages and medical bills were compensated.

The DOT truck in this case was classified as a fixed object. Fixed objects, such as guard rails and telephone poles, account for almost 40 percent of fatal accidents in Missouri every year. Typically fixed object truck accidents result when a driver loses control of his/her vehicle, colliding with such objects. However, in this case the court found that the man lost control because of the fixed object itself.

Continue reading " $470,000 Award Upheld in Connecticut Truck Accident " »

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Posted In: Truck Accidents

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Workers compensation laws in Missouri require employers to compensate employees for costs associated with workplace injuries. Medical costs, temporary disability costs and some permanent disability costs are included through workers compensation laws.

Employees automatically have a right to recover for work-related injuries in Missouri; however, when an injury causes future illnesses or health conditions, it must be proven that the illness was directly caused by the initial work injury. This requirement can cause complexities because health issues can be linked to other factors, like heredity or preexisting conditions. Meaning, timely medical assistance and reports are important, not only to aid your injury but also in proving future related health conditions.

In a recent Missouri case, Kliethermes v. ABB Power T&D, an employee suffered from several heart complications after an electrical injury he received on the job. The problem in this case was that the plaintiff was unable to prove in court that his heart conditions were causally connected to the workplace injury suffered because he didn’t seek immediate medical attention.

The facts of the case are as follows: The plaintiff previously had a heart condition, which doctors classified to be mild as he still participated in regular work activities as well as cardiovascular exercise without difficulty or strain. Plaintiff, received an electrical shock due to unsafe conditions while at work, throwing him against a barrier fence. The plaintiff was unable to work after the injury, feeling extremely weak and tired. He was later hospitalized for uncontrollable heart conditions after medicine was unable to stabilize his heart and blood pressure.

Continue reading " ABB Power T&D Employee's Hesitation Costs Him Greatly " »

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Posted In: Workers Compensation

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Products are recalled everyday and range from simple household items to baby toys and even medical equipment. When a product fails to work properly, manufacturers have a duty to consumers to remove those products from shelves and reimburse them as soon as possible. But what happens when it is too late? What happens when an unsafe product causes personal injury? Generally, a products liability lawsuit will ensue.

Product liability lawsuits are typically filed after a product has harmed a consumer when it was used in its intended manner. There are three main types of defects that form the basis of a products liability claim. They are: design defects that occur before the process of production, manufacturing errors that occur during the process of production, and marketing misrepresentation, which occurs after production and involves such things as adequate warnings and labels.

Product liability lawsuits can be complicated and often involve several different legal claims. In a recent Missouri product liability claim, three wrongful death suits were also filed, all of which stemmed from a truck accident claim.

The truck accident occurred after a truck driver swerved to avoid two other drivers, who lost control of their vehicles. The truck driver, in avoiding the cars, hit a tractor trailer. In the truck were two grandparents and their young grandchild—all three died at the scene. Authorities initially believed the truck accident killed the three decedents.

Continue reading " Fatal Truck Accident Becomes Product Liability Suit " »

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Posted In: Product Liability , Truck Accidents

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Dogs bite an estimated five million Americans annually. When a dog attack occurs, insurance issues are commonly a topic of dispute. This is because several different insurance providers may be examined in determining liability, and compensation is generally provided through insurance companies. Insurance companies involved in dog bite claims range from insurance providers of landlords and employers, as well as homeowners and homeowner associations to human society providers and automobile insurers.

In a recent Missouri dog bite lawsuit, insurance issues became the main subject of dispute. In this case, the dog bite victim won a judgment against a dog owner and the trailer park court where the accident occurred. Both of the claims were for negligence and the dog bite victim was to be compensated for $75,000. However, the dog owner did not have funds to compensate the victim and did not have insurance either.

Generally, homeowners insurance and renters insurance provide at least some coverage for dog attacks; however certain vicious dog breeds may not be covered and all incidents and costs will not necessarily be covered either. If you are a dog owner, it is important to make sure that your homeowner or renter insurance policy has such coverage.

Without such coverage the dog owner will likely have to pay out-of-pocket costs, or the victim will be left without remedy for the injuries sustained, as in the case above. After realizing the dog owner would be unable to pay, the victim sought other means to secure the monies owed through the trailer parks commercial general liability insurance policy. The victim filed under this policy because the dog owner was also a real estate manager of the trailer park.

Continue reading " Proving Liability in Dog Bite Case an Obstacle " »

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Posted In: Dog Bite

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Every year truck accidents claim thousands and thousands of lives. Truck accident causes range from human error and driver negligence to faulty mechanics and product defects. Although accidents happen in a matter of a few quick seconds, some truck accidents could and should be prevented.

Through routine inspection of large trucks and commercial vehicles, many mechanical issues that cause truck crashes can be controlled. The federal government has established the Federal Motor Carrier Safety Administration (FMCSA) to enforce uniform safety regulations for large trucks traveling between states to prevent such truck accidents.

FMCSA regulations require that trucks are regularly inspected and maintained to prevent truck crashes, injuries and fatal truck accidents. The regulations also require truck operators to have knowledge of the following general areas to ensure safe travel:

Continue reading " FMCSA Regulation, Enforcement " »

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Posted In: Truck Accidents

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Workers compensation claims in Missouri are relatively simple to understand in principle. Basically, employees are automatically provided certain types of compensation for injuries sustained in the course of work, and employers are assured in knowing how much they will have to spend without ever worrying about future court and legal expenses.

However, workers compensations claims are not always so cut and dry in practice. Issues arise constantly in the course of workers compensation claims, such as with billing or when amounts paid by an employer to the employee (or their family) turns out to be incorrect.

In a recent Missouri case, an employee died from unsafe asbestos exposure at an electric company. The electric company was ordered to pay the man’s widow a weekly death benefit. Somehow through billing errors, the company had overpaid the widow around $20 extra a week until they realized the mistake-- when the overpayments accumulated to over $4,000.

The electric company brought the widow to court based on the first workers compensation claims to dispute the amounts paid and to seek reimbursement for extra monies paid.

Continue reading " Workers Comp Simple on Paper, Complex in Practice " »

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Posted In: Workers Compensation

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Barge accidents can cause personal injury, severe damage and destruction. Barge accidents often occur when barges are accidentally freed from their tugboats and stream along without guidance, crashing into other boats, bridges and structures.

Employees aboard barges may also be injured in the course of barge crashes or simply though their course of employment at sea. When a barge employee is injured on the job, the Jones Act mandates ensuing lawsuits. The Jones Act is a law that covers all maritime/sea-based employees, and allows such employees to recover for injuries sustained through employer negligence.

A recent Jones Act lawsuit was filed by a barge employee against his employer, Bo-Mac Contractors, for injuries he sustained through work duties. The employee was a diver aboard the barge and claims to have suffered serious heart and lung injuries through diving instructions. The employee is further asserting that he has suffered great physical and mental pain, suffering and anguish and claims such injuries will continue to deteriorate the quality of his life for years to come.

The employer, Bo-Mac, is denying any liability in saying they provided safe work premises and were not negligent in any manner.

Continue reading " Barge Accident Attorney Vital to Jones Act Lawsuit " »

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Three minors recovered over $2.5 million in compensatory and punitive damages in a tractor-trailer crash personal injury lawsuit in Alabama. The accident occurred when the driver of a tractor-trailer truck, in an attempt to make a left turn, went across two lanes of traffic and smashed a van. The three individuals inside the van were severely injured. The truck driver had been driving for almost 20 consecutive hours.

The passengers had at least five operations by time of trial. Further, two of them spent 40 days in body casts and over two months in the hospital. They sustained permanent knee and ankle impairments in addition to other disfiguring facial lacerations that turned into scars.

The court found evidence proving the tractor-trailer truck driver wantonly turned in front of the passengers. Further, there was evidence that the driver was instructed by his motor carrier employer to drive beyond federal driving time limitations. The federal government has implemented regulations through the FMCSA, aiming to ensure uniform truck safety guidelines in Missouri and all other states.

The FMCSA regulates the maximum driving time for carrier vehicles with the following:

Continue reading " Minors Awarded $2.5 Million in Tractor Trailer Crash Suit " »

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Posted In: Truck Accidents

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With the growing number of tractor trailer accidents every year, it’s no surprise that truck crash lawsuits are rising in number as well. Tractor trailer crashes frequently cause severe damage and injury to all involved; and, unfortunately, death is common in such accidents as well. When a large truck accident occurs, many liability issues arise. Thus, it is important to contact a skilled tractor trailer accident lawyer to evaluate the circumstances of your case to determine your legal rights.

Truck accident lawsuits are often filed by individuals against trucking companies, alleging injuries suffered in a tractor trailer collision were caused by such things as truck driver negligence. Generally in such cases, the truck company will assume liability for the driver’s actions because of a legal doctrine known as respondeat superior. Respondeat Superior is a doctrine that states employers are liable for employee negligence when, at the time of the accident, the employee was engaged in an activity within the scope of his employment.

However, there are guidelines as to what constitutes an “employee.” In some cases, trucking companies will deny liability for a tractor trailer accident by stating the truck driver was not an actual “employee.”

In a recent Missouri tractor trailer accident lawsuit, a victim injured in a truck crash filed suit against the trucking company and truck driver. The trucking company denied liability for the accident because the driver of the truck was a leased driver. The trucking company used what is known as the “borrowed servant defense” in stating that they surrendered all control to the lease driver, making him exclusively liable for negligence instead of the company.

Continue reading " Trucking Company Liability Proven on Appeal " »

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Posted In: Truck Accidents

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From January to March of 2008, there have been a record number of railroad accidents. There have been approximately 3,000. These incidents have caused injury to almost 2,000 individuals and killed almost 200. An alarming statistic is that trespassers on railroad property have caused over half of these incidents and fatal accidents, and that railroad employees have suffered over 60 percent of the injuries.

In a recent California case, a man who was contemplating suicide ended up surviving the train accident he caused; however, 11 others were killed in the railroad accident and 180 were injured, including railroad employees and passengers. A jury is currently deliberating his fate; the death penalty is being considered.

The facts of the case are as follows: The man trespassed onto railroad property, allegedly because he wanted to commit suicide. He doused his vehicle in gasoline and parked his car on the railroad tracks, hoping to be killed by a passing train. Allegedly, at the last minute, the man changed his mind and decided to flee the vehicle. Shortly thereafter, a Metrolink commuter train crashed into the vehicle. When the train collided with the gasoline-infused vehicle, 11 were instantly killed and hundreds of others sought medical attention for injury.

The man was charged with several criminal charges, including 11 counts of murder, arson and train-wrecking. However, those injured and the families of those killed have also filed numerous civil personal injury lawsuits against him as well. The injured railway employees in this case would also file under general personal injury claims, instead of a FELA claim. Although FELA claims are typically the type of suits filed when a railway employee is injured on the job, FELA claims require employer negligence, which, by the facts of this scenario, is not likely the case here.

Continue reading " Trespassers Cause Most Railroad Accidents, Employees Hurting the Most " »

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Posted In: Railroad Accidents

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Medical malpractice claims are a controversial topic in the media; doctors are upset that their professional actions are under attack and that insurance costs are cumbersome to bear, but those injured due to medical malpractice are still rightfully entitled to seek compensation.

The reason medical malpractice is often a hot issue of debate is because the human body is a difficult thing to control, and each person’s body may react differently to medical treatment. However, medical malpractice claims do not aim to correct simple medical reactions, they aim to compensate injured victims for medical actions that don’t follow known standards of health care in the medical community.

Medical malpractice is also described as professional negligence. The term basically refers to the type of claim filed after a health care provider deviates from the common standards of medical practice, causing injury to a patient. Health care providers have a duty of care when undertaking treatment of patients; if they breach said duty and cause injury, they are liable for the injury caused to their patient.

Medical malpractice claims are detailed and slight errors can impact the way these lawsuits turn out. In a recent Missouri medical malpractice claim, a woman’s malpractice action was dismissed because she failed to file the correct paperwork required by the claim.

Continue reading " Malpractice Suit Dismissed Due to Improper Paperwork " »

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Recently, a Madison County railroad employee filed a FELA suit (Federal Employers’ Liability Act) against his employer, Norfolk Southern Railway. FELA claims allow railroad employees to seek compensation from employers for injuries occurring in the course of employment. The main idea of the Act was to provide a way for injured railway employees to be able to recover for employer carelessness or negligence.

The employee in this case was employed with Norfolk for over thirty years. His suit alleges Norfolk was careless in failing to reduce noise levels. Further the employee alleges that the Norfolk railroad failed to protect employees from excessive and damaging noise levels.

The plaintiff, employee, specifically alleges damage to his ears, inner ears, nerve endings in his head, tympanic membrane, ear drums and other tissue. His hearing has deteriorated, and he also alleges other body systems have been affected by the injuries.

The basic premise behind the suit is that railroad employment may be dangerous by nature, but that such employment does not mean employees sign a free waiver for additional subjection to perilous conditions. Railway companies have a duty to provide safe working conditions for their employees; in this case the employee feels that he has personally suffered damages due to his employer’s negligence.

Continue reading " Railroad Employee Files FELA Suit, Citing Nerve, Ear Damage " »

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Posted In: Railroad Accidents

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It was recently reported that a lawn care company employee drowned while working in East Naples, Florida. The decedent was doing lawn work when the lawn mower he was operating flipped into a homeowner's lake. The man's widow has filed a personal injury lawsuit against the employer lawn service and the property owner.

A wrongful death personal injury lawsuit was filed alleging negligence. The suit claimed the employer was negligent for asking the man, who could not swim, to cut a lawn near a deep lake.

Certain family members can generally bring a wrongful death suit when a defendant can be found to have caused or at least partially caused the decedent's death. Wrongful death lawsuits suits can arise through various claims. Some examples include: medical malpractice, car accidents, truck accidents, motorcycle accidents, and occupational exposure to unsafe circumstances.

A workers' compensation claim was also filed in the above case. Such suits seek compensation for injuries that occur when a worker is injured in the course of employment.

Continue reading " Man Drowns When His Lawnmower Falls Into Lake " »

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Posted In: Workers Compensation

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A six-week personal injury trial over a railroad crash in Minnesota recently came to a close. The railroad accident trial dealt with four wrongful death claims filed against BNSF railroad. The jury awarded the families of the four individuals killed $24 million. The four were struck by a train while inside their vehicle at a railroad crossing. The train was allegedly traveling at 60 mph. BNSF alleged the train accident victims were trying to beat the train when they were hit.

The jury in this train crash lawsuit disagreed, finding that the railroad accident occurred because the railroad crossing warning signals were faulty, and the victims were not adequately warned of the oncoming train.

Although the railroad was found at fault in this train accident, not all railroad lawsuits filed for faulty warning signals will result in such a verdict. Railroad accidents are thoroughly investigated and subsequent lawsuits rely heavily on the particular facts found.

For instance, in a recent Missouri railroad accident, faulty railroad crossing signals did not make a railroad company liable for a wrongful death claim arising from a train accident. The facts of the case were different. The truck driver allegedly ignored the railroad warning signals because he had frequently driven past this particular crossing. He was aware the warning signals were faulty, often signaling a train when a train was not present or approaching. In this case, although the warning signals were defective and the truck driver had previously been inconvenienced by such signals, it did not warrant him driving past the signals without extreme caution.

Continue reading " $24 Million Awarded in Railroad Accident Wrongful Death Suits " »

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It has been figured there are an estimated 4.7 million dog bites and dog attacks per year. The number continues to grow year after year as designer breeds become more popular. It has been further estimated that more than 800,000 of the dog bite injuries require medical attention.

For dog bite victims, medical bills are often well into the thousands of dollars. In addition to the significant bills, dog bite injuries often leave significant wounds and traumatizing memories. It is common for dog bite victims to be scared of dogs following an attack. What used to be known as a loveable animal is now viewed as a vicious creature.

Dog bite lawsuits in Missouri usually mean following the common law. Some Missouri personal injury attorneys say Missouri follows the one bite rule. Pursuant to the one bite rule, if your dog has never bitten anyone before, you are not typically found liable the first time your dog attacks.

Previous vicious propensities or dangerous behavior may be enough to satisfy the Missouri dog bite law. Dog bite cases are extremely fact specific. In this situation, the Plaintiff must show the dog owner knew or should have known of the dog's dangerous or vicious propensities.

Missouri dog bite cases are sometimes filed as premises liability cases. In this situation, the Plaintiff would argue the biting dog created a dangerous condition on the premises.

Continue reading " Annual Dog Bites and Attacks Approaching 5 Million " »

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Posted In: Dog Bite

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