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: Missouri Injury Law BlogMissouri Truck Accident - Wrongful Death Settlement
By Benjamin J. Sansone, Esq.
$18 million was recently paid by a trucking company operating across Missouri to the family of 4 women that were killed in a tragic truck accident on a Kansas City Missouri highway. A jury had returned a verdict of negligence for 3 of the 4 women, the verdict was $15 million; while the jury was deliberating on the punitive damages issue the truck company decided to settle for $18 million to cover the potential punitive damages award.
There was ample evidence that the trucking company did not properly screen the truck drivers and that the at fault truck driver had several problems that were either negligently missed or intentionally overlooked. Problems that would have kept the truck driver off the road.
From the perspective of a St Louis Missouri injury lawyer and a lawyer that handles St Louis Missouri truck accident personal injury cases, it was smart to resolve this case for $18 million, despite the potential for a massive punitive damages verdict. Families need closure, and despite the sensational punitive damages awards that Missouri lawmaker will often use as examples for tort reform, rarely are the punitive damage awards seen by the families as the appeal process drags on and prevents the closure of a tragic chapter in their lives. Additionally, Missouri law required that 50% of the punitive damage award goes to the state.
More importantly, settlement means no appeals, no more expenses, no risk of reversal. Anytime their is a multi million dollar judgment an appeal will follow, extending the case for years. Settlement means closure and money now.
Settlements are more important than Judgments in many wrongful death cases. In June 2007 we settled a case for $4.5 million regarding a St Louis Missouri gastric bypass medical malpractice wrongful death case. A similar case went to trial against the same doctor and the verdict was $7.5 million; however, the family never saw that $7.5 million; they settled for less than $2 million. The personal injury lawyer that got that St Louis death case verdict did excellent work, however, at the end of the day, his clients never saw the money from the large St Louis wrongful death verdict.
Truck Accident Wrongful Death Case
Full post as published by Missouri Injury Law Blog on April 28, 2008 (boomark / email).
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