Missouri Personal Injury Lawyer Blog

A man recently filed a personal injury claim in Ohio for injuries sustained in a work-related tractor trailer crash. The man, a tractor trailer driver, was hospitalized after the accident for multiple injuries to his face. The entire left side of his face was bruised, his eye was swollen shut, he suffered multiple facial fractures and his mandible (jaw) had to be wired shut. He also lost consciousness for a couple hours. The man additionally reported memory loss from the tractor trailer accident.

After this work-related accident occurred, the man received medical treatment from several physicians, including an ear, nose and throat specialist, neurologist and a psychologist. Further medical treatment revealed that some of the man’s ongoing problematic symptoms, such as memory loss and severe headaches, were likely related to a post concussive syndrome, indicating severe brain injuries.

The truck accident victim allegedly continued experiencing difficulty after the accident in daily tasks and in returning to work, so he applied for Social Security Disability and Supplemental Security Income benefits. These benefits were initially denied; it was found that the medical evidence did not confirm the severity of the alleged impairments that supposedly arose from the tractor trailer crash, which led to questioning about possible underlying medical conditions.

Continue reading " Truck Accident Causes Catastrophic Facial and Brain Injuries " »

A recent worker’s compensation claim was brought to court in Florida because the employer alleged some of employee’s injuries were unrelated. The employer specifically alleged the injured worker had previous medical conditions that “flared up” during work but weren’t actually caused by work. The employer did not dispute all of the injuries.

In this case, the woman injured was employed as a certified nursing assistant at a nursing home. The woman was trying to lift an elderly resident, who was heavier than she was, from a chair. She claims that she felt a jerk and snap in her right arm and right shoulder and experienced severe neck pain. She completed the rest of the night’s shift and came into work the next day, but alleges that she was in great discomfort and pain. After working this shift, she felt her condition was worsened and was not able to return to work again because of the injuries.

The woman alleges that all of her injuries were sustained through this incident at work and that her employer should pay for these injuries per workers compensation laws. However, it was previously well-documented that the woman suffered from arthritis and neck pain in addition to experiencing right shoulder and arm problems.

Continue reading " Workers Compensation Claim Disputed in Court " »

A recent personal injury lawsuit in Connecticut sought to determine what duties a homeowner owes to a business invitee. A business invitee is someone invited on land or property for business reasons. In this case, the business invitee was invited to the land by the homeowner to assist in performing electrical work.

Here, the invitee Plaintiff fell through an opening in the third floor of an uninhabited home. The home was being renovated and while assisting in electrical renovations, the invitee fell through the hole, sustaining severe injuries due to hazardous conditions. The injured invitee brought a claim for negligence against the homeowner for the personal injuries sustained.

The district court found the plaintiff, business invitee, could not recover. In order to recover, the elements of a basic negligence claim must be proven, establishing a homeowner’s duty to warn or protect the invitee, a breach of that duty, and an injury that was caused by the breach. The district court said the invitee knew the home was being renovated and that possible dangers involved in reconstruction were present. The court specifically said “the failure to warn an invitee of something he already knows is without legal significance.” The court found for the homeowner.

Continue reading " Premesis Liability Case Appealed; Homeowner Expected to be Liable " »

After three years of investigation, the National Traffic Safety Board (NTSB) has determined the cause of a 2005 fatal semi truck and bus accident was driver fatigue. The accident that occurred in Chippewa Falls, Wisconsin killed a bus driver and four passengers. Additionally, 35 bus passengers were injured.

Here, the semi truck, carrying groceries, flipped over and blocked two lanes of traffic on Interstate 94. A bus carrying band members was traveling between 65-80 mph and did not have time to stop before crashing into the overturned truck.

The NTSB led a thorough investigation in this accident, as well as numerous others, to find reasons behind the increase in truck accidents. The NTSB is releasing a 60- page report, detailing the mechanics of the accident and specifically the drivers’ roles.

Increasing data across the nation has found that truck accidents due to driver fatigue account for an overwhelming number of truck accidents every year. In this case, the driver was accused of falling asleep behind the wheel after working long hours.

Continue reading " Fatal Truck Accident that Killed 5 Caused by Driver Fatigue " »

A recent motorcycle accident (non-Missouri) case shows the importance of contacting a motorcycle injury attorney as soon as possible after an accident. In this case, the lack of timely legal assistance resulted in severely injured motorcyclists’ losing their ability to recover.

In this case, a single motorcycle accident occurred in Wisconsin when a motorcycle driver and his passenger hit a “wall” of plastic wrap. Three teenage boys had placed this “wall” of plastic wrap across the road. The boys decided they wanted to see what would happen if they placed plastic wrap across a nearby road to create an invisible barrier. The boys wrapped clear plastic wrap around two signs posted across the street from one another; they wrapped around the posts five or six times to create a secure barrier. The boys then waited for twenty minutes until they saw a motorcyclist come over the hill and crash into their barricade. The motorcyclist and his passenger suffered significant personal injuries and sought immediate medical attention.

The two that sustained the motorcycle accident injuries, after receiving extensive medical care, did not immediately seek legal advice. Their suits were not filed until after two years had passed. The motorcycle accident claims alleged the teenage boys were negligent, the boys’ parents failed to supervise their children and that each boy’s family’s homeowner’s insurance carriers were liable for damages sustained. All of the defendants filed motions for summary judgment claiming there was no issue at hand for the court to decide.

Continue reading " Motorcycle Accident Victims Lose to Statute of Limitations " »

Every area of the law and every cause of action require certain elements for a successful lawsuit. These requirements are set to ensure expediency and accuracy in legal proceedings and to promote overall efficiency.

A recent barge accident case shows how failure to meet a legal definition in an element of a claim can impede the ability to succeed in a lawsuit. In this Jones Act case, the legal definitions of “seaman” and “sea vessel” were not adequately met, due to confusion in the definition of the element, barring the claim.

The Jones Act allows those injured during sea-related employment to recover for injuries sustained in the regular course/scope of work. In order to succeed on a Jones Act claim four basic things must be proven:

1. A seaman
2. Working on sea vessel
3. Is injured through
4. Employer negligence (that caused or contributed to injury)

Continue reading " Barge Accident Victim Denied Jones Act Claim " »

A recent dog bite injury lawsuit in Ohio was appealed after a finding that the victim’s damages were insufficiently determined. The initial dog bite lawsuit was filed in July 2006 for personal injuries stemming from a dog attack. Here, a young boy sustained severe injuries after a Rottweiler/ Shar-pei mix dog bit the boy on the head. He was rushed to the hospital for medical treatment.

The dog bite complaint filed by the minor boy and his mother set forth two negligence causes of action and one cause of action for strict liability. Ohio has a statute regulating dog bite incidents. The Ohio statute says the owner or keeper of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog, unless the injury is provoked.

The boy and his mother were directed by the court to either choose to file under the statutory, strict liability, or under common law negligence. However, by filing a statutory claim the plaintiffs would lose out on the possibility of recovering punitive damages under the negligence actions for evidence of prior attacks and bites by the dog.

Continue reading " Dog Bite Injury Lawsuit Breaks New Ground in Appeals Court " »

According to certain Missouri brain injury specialists, it is estimated that every 32 seconds, someone sustains a brain injury. Although every incident in which a brain injury is sustained is not in a motor vehicle accident, the numbers of brain injuries resulting from said accidents, and especially large truck crashes, are alarmingly high.

In 2006 alone, national statistics indicate there were close to 150,000 large truck accidents. Of those crashes, over 60,000 caused injuries and over 90,000 injuries were sustained, including brain injuries and spine injuries.

The lives of those who sustain injuries in a large truck accident are changed forever. A recent truck accident brain injury in Missouri will require in-home care for the duration of the woman’s life. The woman, who was a nurse, is a married mother of three who will no longer be able to care for her family and perform typical daily tasks. Unfortunately, such an outcome is not infrequent for those suffering from brain injuries.

Continue reading " Missouri Truck Accident Adds to Brain Injury Tally " »

A railroad worker employed by Norfolk Southern Railroad was recently injured while working in Ohio. The worker, who fell from a bridge into the Vermilion River, was working to fix and replace railroad ties on a set of train tracks. While the man was working on repairing the railroad tie, both he and the tie fell into the water. The man was taken to the hospital for injuries sustained in the work-related accident. It has not yet been determined what caused the fall; depending on the cause, the injuries sustained may be grounds for a FELA claim.

When a railroad employee is injured, the act that regulates legal action is the Federal Employers Liability Act (FELA). In order to establish a FELA claim, four elements must be proven.

The elements are:

Continue reading " Injured Missouri Railroad Employee May be Eligible for FELA Claim " »

Missouri auto accident cases can get messy because, in most cases, insurance companies are responsible for paying resulting damages. Nearly every time, the insurance company puts up a fight in an attempt to reduce the amount of damages paid. Call it human nature to cut costs, call it what you want… the bottom line is that insurance companies battle hard before paying out.

A recent Missouri lawsuit shows how car accident cases can result in an ongoing battle with insurance providers. In this case, the plaintiff’s insurance company refused to pay the injured motorist the full amount owed because the company felt the $10,000 judgment was excessive. The $10,000 award was the full amount that could be granted under the insurance policy for medical care.

The insurance company argued their medical specialist, a neurologist, did not believe that the injured driver needed certain treatment for, presumably, head or brain injuries. The insurance company argued they should not have to compensate the injured driver for the amount awarded, as they believed the medical treatment was unnecessary.

Continue reading " Missouri Car Accident Claims Fought Hard by Insurance Companies " »

A recent motorcycle accident resulting in serious injuries in Georgia has led investigators to meet with prosecutors in determining the fate of a couple who picked up the injured motorcyclist. This motorcycle accident was allegedly the result of foul play, leading authorities to question several aspects of the case. First, that the motorcycle being driven was stolen; second, that the motorcyclist was allegedly racing the bike when he lost control of the vehicle; and third, that the couple who picked up the injured driver didn’t call authorities and drove the man to a hospital out-of-town where he was pronounced dead upon arrival.

The charges to be decided thus far primarily deal with the couple that drove the man to the hospital instead of reporting to authorities first. The charges they may face deal with failure to report an injury accident, failure to render aid and possible negligence/ wrongful death charges. The couple, who knew- or allegedly should have reasonably known- that the decedent’s life was in serious danger after being thrown from the motorcycle failed to call the police or paramedics. They instead, chose to drive the decedent to a hospital out-of-town, allegedly wasting extra time at a critical point in the decedent’s life.

Continue reading " Motorcycle Accident Victim Dies in Care of "Good Samaritans" " »

Police officers are awarded certain immunities under the law for injurious incidents that arise out of the course of employment. Due to the dangerous nature of police work, this is no surprise. However, police officers are also required to exercise a reasonable amount of force in the course of law enforcement practices. Usually, any excessive force exercised by a police officer in the course of his/her duties may establish police or city liability for resulting damages.

The issue of reasonable force versus excessive force of police officers often comes about in reference to police dog use/abuse. Several courts have ruled on the issue of police liability after individuals attacked by police dogs have sustained severe, life-altering injuries. Courts vary on their decisions of police liability.

Generally speaking, officers are allowed to use dogs in order to catch or hold a person suspected of committing illegal acts, but only in reasonable circumstances. Claims in relation to the amount of force a police officer uses during the course of law enforcement are sometimes filed under the Civil Rights Act, which forbids unnecessary force during police apprehension and arrest.

Continue reading " Police Dog Attacks Given Special Protection " »