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Personal Injury Law

Missouri Injury Law Blog

News and events dealing with Missouri injury and accident Law.
By Benjamin J. Sansone, Esq.

Post Frequency: 1.5/day

Last Entry: April 01, 2011 at 07:43:19

Missouri and Illinois Bike Statutes - Progress is being made to help protect Missouri & Illinois Bike Riders from Injury by Motor Vehicles & Negligent Drivers

Posted on March 28, 2008
As a St Louis based Missouri and Illinois personal injury attorney, I have represented several injured cyclists that have been hurt as the result of the negligence of a motorist. Over the last several years a few good foundations have fought for the legislation of better statutes and laws to protect bicyclists from cars in an attempt to reduce the number of bike accidents and injuries caused by drivers...

Personal Injury Money Damages Recovered are Not Taxable by IRS - Whether by Verdict, Settlement, or Judgment - Unless Punitive Damages

Posted on March 25, 2008
April 15th is rapidly approaching, meaning it is time to pay up to Uncle Sam. As a St Louis Missouri personal injury attorney I very rarely delve into tax law and issues, I save that for the lawyers who spend most of their lives in a library and behind their desks...

Personal Injury Trial Techniques - Evidence of Damages and Getting Medical Issues Across to the Jury - St Louis Missouri Bike Accident Lawyer

Posted on March 18, 2008
Recently I took a case to trial in St Louis Missouri regarding a bicycle accident and injury of a broken elbow. The bicyclist underwent surgery and had a bolt put into her arm to secure her bone as the fracture was complex. See Image Below. On the day of trial often and victim of personal injury, as in this bicycle accident injury case, will look like they are in good health, primarily because it is usually several years since the injury and they have had time to heal from the external and more obvious symptoms...

$500,000.00 Settlement - Illinois Worker's Compensation Death Case - 3rd Party Products Liability & Wrongful Death Case Still Pending

Posted on March 14, 2008
While working for Phoenix Fabricators my client's late husband, Jason, was repairing weld lines on a water tower in Arkansas. He lost his footing and his lanyard and safety clip failed, allowing him to fall to a tragic and untimely death. The surviving spouse and children settled the Illinois workers compensation claim, and have a cause of action against the lanyard manufacturer through a wrongful death products liability lawsuit...

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College Campus Hazing - Missouri Personal Injury Claim against Sorority, University, and Individual Students

Posted on March 11, 2008
Earlier this year, my client, a young impressionable freshman at Lincoln University in Jefferson City, Missouri, sustained serious personal injuries as a result of sorority hazing. She was severely paddled as part of the initiation that resulted in menacing tissue damage on her buttock requiring several days of hospitalization and surgery, including a skin graft...

Franklin County Missouri Motorcycle Accident Case Settled - Policy Limits of $100,000 - Claim Still Pending Against Uninsured Motorist Coverage

Posted on March 05, 2008
We recently settled a Missouri personal injury case stemming from a motorcycle accident outside of Union Missouri. One of the at fault drivers had a policy of insurance for $100,000 and a few months after filing a Missouri motorcycle accident personal injury lawsuit, the driver's insurance tendered the entire amount of insurance coverage...

Bankruptcy does not Insulate a Drunk Driver from Liability or Judgment for Personal Injury Damages - Illinois Drunk Driver Severely Injured my Client

Posted on March 04, 2008
If you are the injured victim of a drunk driving accident in Missouri, Illinois, or any other state your personal injury lawyer should know that the drunk driver cannot insulate himself from liability by declaring bankruptcy. The Federal bankruptcy law is very clear on this point...

Dangerous Product - Fisch Electric Log Splitter - Facial Injuries from Ejecting Log Pieces - Failure to Provide Guard and other Design Flaws

Posted on February 29, 2008
An Illinois personal injury case has arisen from my client's use of a Fisch Electric Log Splitter. As you can see from the picture to the right, the electric motor and plunger engagement lever must each be operated by a separate hand and must each be held down during the log splitting process, forcing the user into a prone position with their face as a prime target for any ejected log pieces...

Plaintiff's Verdict - St Louis Missouri Bicycle Accident at Unmarked Intersection - Failure to Keep a Careful Lookout - Missouri Law Has a Long Way to Go to Adequately Protect Bikers

Posted on February 22, 2008
This week we secured a Plaintiff's verdict in favor of a bicyclist who was hit at an intersection when a driver of a pick up truck made a right turn and crossed the shoulder the cyclist was in, causing her to hit the side of his truck, get thrown from her bike, and break her elbow...

Allstate Underhanded Settlement Tactics and Claims Handling - At Fault Driver Filing Bankruptcy does not Preclude Claim

Posted on February 16, 2008
Do a simple Google search on Allstate and deceptive or any other similar word and you will find countless articles about their deceptive claims practices that are in direct conflict of their advertised public image of being in "Good Hands". Ask any injury lawyer or most individuals that have had to make an insurance claim involving Allstate to describe if they felt they were in "Good Hands" and they will describe an experience probably closer to the experience against the fictional Great Benefit insurance company in the legal drama the Rainmaker...

Missouri Medical Malpractice Damage Caps - Hypocrisy by Legislators to Exempt Only Abortion Cases from Damage Cap - Damage Cap should Return to Pre 2005 Tort Reform Level For All Victims of Malpractice

Posted on February 12, 2008
First of all, I am not supporting or opposing abortion rights in this post, on a personal level I disagree with the pro-choice position, however, on a legal level I believe it is a State issue. This post discusses a recent development in Missouri medical malpractice law...

Failure to Diagnose Herpes Encephalitis resulting in Permanent Right Temporal Lobe Brain Injury - Missouri Medical Malpractice Claim for Permanent Disability of Minor - Past and Future Economic Damages - Pain and Suffering

Posted on February 08, 2008
As most experienced injury lawyers will agree, Missouri and Illinois medical malpractice cases are often the most difficult type of personal injury cases to pursue. Doctors, hospitals, health care providers and medical malpractice insurance companies fight all medical malpractice lawsuits and claims persistently and unscrupulously, even when liability is clear...

We have the Top Medical Malpractice Settlement in Missouri for 2007 - Our Settlement is More Than Double the Highest Reported Missouri Medical Malpractice Settlement

Posted on February 07, 2008
Every year Missouri Lawyers Weekly comes out with their Missouri Top Settlements and Verdicts Issue espousing the largest Missouri personal injury settlements and verdicts for the previous year. According to the January 28, 2008 issue of Missouri Lawyer's Weekly, the largest Missouri medical malpractice settlement for 2007 was 2 million dollars...

Tort Reform and the 2008 Presidential Election

Posted on February 05, 2008
Personal injury lawyers or trial lawyers, are one of the few if only groups that has an interest in protecting the rights of future victims of personal injury. Most people do not care deeply about tort reform or its consequences, because they are not victims or insurance companies...

Motorist's Disregard for Bicyclists' Safety Reaches a New Low - Speeding Driver Kills Cyclist and Sues Family for Property Damage to Car

Posted on January 30, 2008
A speeding driver hit and killed a 17 year old boy after he crashed into the back of the bicyclist at about 100 mph. The cyclist was killed by the collision. The wrongful death was clearly the driver's fault, however, despite his excessive speed no criminal charges were brought...

St Louis County Missouri Injury Settlement - Client suffered Fractured Tibia - Insurance Paid $90,000.00 - Missouri Work Comp and 3rd Party Liability Claim

Posted on January 30, 2008
While on the job my client was injured as a pedestrian after he was crossing Delmar Blvd in St Louis, Missouri, near its intersection with Union. The light for eastbound traffic was red but there was a green arrow for eastbound traffic to turn North (left) at Union...

St Louis Missouri Car Accident - Limits of Auto Insurance - Negligence "Per Se" and possible Negligent Entrustment or Negligent Maintenance of Car

Posted on January 18, 2008
In the St Louis County municipality of Wildwood Missouri, a single car accident occurred when a teenager lost control of his vehicle, ran of the road, and struck a utility pole. The negligent driver had several passengers in his car, and one of them, a teenage girl, is my client...

Illinois Medical Malpractice - Illinois Tort Reform Statute Provision on Damage Caps Declared Unconstitutional - Are Missouri's Medical Malpractice Damage Caps Constitutional?

Posted on January 04, 2008
As an Illinois injury lawyer with a significant Missouri and Illinois medical malpractice legal practice, I am always keeping an eye on the interests of future injured victims and whether or not they will have any rights left in the years to come as the recent trend in Misosuri and Illinois, as well as other states...

Missouri Bike Accident - Caused by the "Right Hook" - Injured Cyclist Hired St Louis Missouri Injury Lawyer After Settlement Negotiations Halted

Posted on January 03, 2008
June 2007, in Springfield Missouri, a bicycle accident occurred when Mike was riding his bicycle North on Campbell Rd, and a truck owned by an electric company and operated by an employee, overtook Mike and proceeded to make a right hand turn cutting him off and causing a collision between the truck and the bike...

Illinois Drunk Driving Accident - Lawsuit Filed with Punitive Damages

Posted on December 24, 2007
A previous entry discussed a specific case wherein my client was the victim of a rear end car accident in Belleville Illinois when a drunk driver failed to stop at a stop light and crashed into her at about 60 mph. See Injury Lawyer - Illinois Drunk Driving Car Accident...

St Louis Missouri Car Accident - Highway 40 at Mason Road - Rear End Collision at Highway Speed

Posted on December 21, 2007
St Louis Injury lawyer was contacted after Zhelev, who was traveling on eastbound highway 40 and stopped due to traffic congestion, was struck from behind by a negligent driver who told the police that she "was falling asleep at the wheel and could not stop"...

Bicycle Accidents - How to Avoid Them - Common Causes of Bike Accidents Resulting in Injury or Death

Posted on December 20, 2007
As a St Louis Missouri personal injury attorney I speak to dozens of bikers that are hit by cars. In most cases, injured bicyclists are the victims of driver inattention, which causes or allows the motorist to strike the bicyclists and cause a bicycle accident...

Missouri Truck Accident Settlement - $55,000.00 Settlement for Knee Injury Resulting from St Louis Car and Truck Accident - 50% Liability on Identified Driver and 50% Liability on Unidentified Driver (Uninsured Motorist Claim)

Posted on December 18, 2007
My client, Kevin, was involved in a St Louis Missouri car and truck accident after the driver of a truck lost control of his vehcile on Highway 44 near Antire Road in St Louis County. The driver that lost control of his truck and hit my client's car claimed a large semi truck caused the accident by cutting him off and causing him to lose control of his truck and thus striking my client's car...

Southern Missouri Single Car Accident - Driver Error and Over-correction when Vehicle Control Lost - I represent Two Minor Passengers that were Severely Injured - Insurance Limit Issues - Health Insurance Coverage and Subrogation Problems

Posted on December 13, 2007
Missouri car accident attorney contacted soon after two minors, between the ages of 10 and 15, were passengers in a 16 year old's car when he lost control of his vehicle near Cape Girardeau Missouri on highway 51 due to catching the shoulder and driver inattention...

Illinois Drunk Driving Car Accident - My Client was Rear Ended by a Drunk Driver Going Approximately 60 MPH - Prior Illinois Personal Injury Lawyers Failed to Pursue Claim- Case Referred to Us for Trial

Posted on December 08, 2007
Gina was the victim of a high speed rear end collision car accident in St Clair, Illinois, after a drunk driver's inattention, negligence, and drunken recklessness allowed his vehicle to crash into Gina's car at about 60 MPH. The drunk driver was issued three citations, failure to reduce speed and avoid a car accident, no insurance, and driving under the influence (DUI)...

Missouri Road Safety - Unreasonably Dangerous Condition on Missouri Roadway for Single Cable Guard Barrier to Prevent Cars from Going Off Cliff - Insufficient Safety Measure - Car Accidents with Injuries Foreseeable

Posted on December 05, 2007
A serious car accident occurred in Missouri after a vehicle slide of the roadway and then off a 30' cliff in DeSoto Missouri. See Missouri Car Accident from Improper Barrier. I am representing the driver and front passenger of the vehicle and other Missouri personal injury lawyers are representing the back seat passengers of the vehicle...

St Louis Missouri Intersection Car Accident - Hanley and Delmar - Driver Runs Red Light Causing Crash Resulting from Red Light Violation - Reckless Driver Culpability and the Selection of a St Louis Car Accident Lawyer

Posted on December 02, 2007
My client was involved in a recent St Louis area car accident or collision that occurred at the intersection of Delmar and Hanley. This intersection has approximately 30 reported car accidents a year. The other driver crashed into the side of my clients car at a high rate of speed causing a violent collision that sent my client's car spinning as a result of the car collision...

Desoto Missouri Car Accident - My Client was Passenger in Car that went off 30' Cliff - Uninsured Motorist Issues - Multiple Claims - City Liability for Improper Barrier - St Louis Car Accident Lawyer Who Pursues All Potential Claims

Posted on December 01, 2007
A few weeks ago in Desoto Missouri 3 teenagers were seriously injured in a car accident when their vehicle slid off the road and went off a 32 foot cliff and landed in a shopping center parking lot. One passenger was very lucky and walked away, however, the other 2 passengers and the driver are all seriously injured...

Motorcycle Accidents in Missouri - Accidents involving Motorcycles on the Rise - Why an Experienced Motorcycle Accident Lawyer is Critical to Your Case a Discussion based on a Current Case I am Handling

Posted on November 30, 2007
Being involved in the motorcycle community and as a motorcycle injury lawyer, I have experienced first hand the inattention motorists have for motorcyclists, represented dozens of clients involved in serious motorcycle accidents in Missouri and Illinois...

Doctors Operating While on Probation Without Telling Patients - Informed Consent Should Disclose This - How to Protect Yourself from being the Victim of Medical Malpractice

Posted on November 28, 2007
As a patient you are entitled to informed consent before any medical procedure, generally, this included the specifics of the procedure, the risk factors, and the complication rates. This is a patent's way of protecting themselves from undergoing a procedure they may find too risky, but should also be a way of knowing the risk of medical malpractice via the doctor's competency...

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