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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

Issues of Evidene in Missouri Personal Injury Cases: Discussing the Injury Victim's Prior Marriages

Posted on December 30, 2010
As a St Louis injury lawyer I am always thinking of every issue that the insurance lawyer may try and use against my client at trial, no matter how trivial. Currently, we are handling a Missouri serious injury case from a broken back resulting from a fall after a chair at a hotel broke when an average weight male sat on it...

Evidence in Missouri Drunk Driving Car Accident Injury Case: Proving the Other Driver was Intoxicated

Posted on December 22, 2010
As a St Louis personal injury law firm handling car accident and other types of injury cases involving intoxicated or drugged individuals who caused the accident or injury, proving intoxication is critical to maximizing value of my clients' cases. In many cases the at fault driver that caused the truck accident and injury is charged with DWI or other intoxicated related offense and the police officer's investigation can often be piggybacked by injury lawyers to show intoxication...

Trial Evidence in Missouri Personal Injury Lawsuits - Can a Personal Injury Lawyer Admit into Evidence an SIS (Suspended Imposition of Sentence - probation in lieu of a conviction)

Posted on December 20, 2010
When can prior criminal history be used in a Missouri personal injury trial? As a St Louis injury lawyer handling drunk driving accident injury cases, this often comes up as sometimes not only is the driver intoxicated but sometimes my own client has a criminal history...

Drunk Driving and Drugged Driving Car Accident Report - Testing Victims of Fatal Crashes by NHTSA

Posted on December 17, 2010
We have discussed in previous blogs (Missouri Drunk Driving Accident Lawyer gets Judgment) how a defendant found to be under the influence of alcohol can positively affect the outcome of a Missouri or Illinois auto injury claim. A new report has been released by the National Highway Traffic Safety Administration (NHTSA) on drug use by drivers involved fatal car accidents...

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Missouri Premise Liability Cases Againt Government Entities - i.e. park, zoo, injuries at public school, etc ...

Posted on December 15, 2010
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...

Personal Injury Settlement in Missouri: Can Your Health Insurer Demand Payback for Medical Expenses?

Posted on December 14, 2010
Previously, I discussed recovery by 3rd parties against Missouri wrongful death settlements or judgments regarding medicare and also health care providers. How about cases not involving wrongful death? Lets say you are involved in a Missouri auto accident with injuries and your health insurance, that you pay for, covers your medical expenses...

Missouri Car Accident Trial Evidence - Can the Plaintiff's Failure to Wear a Seatbelt be Used Againt Them?

Posted on December 10, 2010
Experienced Missouri car accident lawyers must be ready to make sure certain types of evidence against their injured client does not get into evidence. In previous posts I discussed evidence of drinking and drug use as well as evidence of unrelated medical conditions...

Missouri Persoanl Injury Law - Evidence at Trial: Unrelated Medical Procedures or Conditions, are they admissible?

Posted on December 09, 2010
As discussed in a previous post on Missouri Trial Evidence (Missouri Personal Injury Trial Evidence: Recreational Drinking and Drug Use) , personal injury lawyers need to make sure that they keep damaging evidence against their client, the injury victim, from being seen or heard by the jury so that the jury decides the injury lawsuit on relevant issues and not collateral issues that are not relevant to the injury claim...

Evidence in Missouri Personal Injury Trials: Recreational Drinking and Drug Use

Posted on December 08, 2010
Part I: Can lawyers inject into a Missouri injury trial claims of drug use or intoxication not directly related to the cause of the injury? A good Missouri personal injury lawyer knows that the defense will do whatever it takes to discredit the injured Plaintiff, this includes trying to get into evidence something in front of a jury showing that the Plaintiff drinks or has used drugs...

Recovery of Missouri Wrongful Death Benefits by Medicare

Posted on December 06, 2010
Previously, my St Louis Injury law firm's blog I discussed lien recovery from Missouri wrongful death verdicts or settlements in a previous Missouri wrongful death lawyer article. In that article I discussed how most health care provider liens for medical treatment to the decedent are not recoverable against the wrongful death claimants for any jury award or settlement received, however, governmental liens oftentimes do apply to the wrongful death recovery; specifically Medicare or Medicaid liens...

Missouri Personal Injury Trial Evidence: Its what you can prove that matters

Posted on December 03, 2010
"It not what you know, but what you can prove" - Denzel Washington, Training Day Missouri injury lawyers need to know the ins and outs of the Missouri rules of evidence, particularly to avoid situations allowing critical evidence for the the injured victim to be excluded at trial and critical evidence against the Plaintiff to be included...

Trial Lawyers - Keeping the Court House Doors Open for Consumers and Individuals

Posted on December 02, 2010
The documentary below is being showcased at the Sundance Film Festival and sheds light on the often distorted view of the American Civil Justice System. Personal injury and trial lawyers in Missouri and across the country often get bad press from corporate propaganda because large corporations and insurance companies hate having to pay regular people for harms they cause...

Missouri Wrongful Death - Do Hospital Bills or Liens of the Decedent Get Paid out of Wrongful Death Settlement or Judgment?

Posted on December 01, 2010
As a St Louis wrongful death lawyer, I have had many cases wherein the decedent has accumulated massive medical bills and the surviving family is worried that they are responsible for those bills. Oftentimes in these situations the bills are sent to collections and they attempt to collect the bills from the family or try to tell them they have to pay the bills out of any proceeds of a Missouri wrongful death lawsuit...

St Louis Auto Accident with Head Injury: Settlement obtained by Sansone Law llc

Posted on November 29, 2010
In October 2009, St Louis personal injury lawyerBen Sansone was retained by Tiffany H. to pursue a Missouri injury claim against the negligent driver's auto insurance after a rear end style collision occurring after she slowed for traffic on Highway 40 and the other driver not paying attention slammed into her vehicle...

Missouri Auto Accident Evidence Issues at Trial: Property Damage Admissible? Sometimes ....

Posted on November 24, 2010
As a St Louis car accident lawyer, I have handled 100s of car accident cases where the property damage to the vehicles was minimal. Many times, despite the minor property damage to the vehicles, the impact is described as significant and the injured driver suffers legitimate and real injuries...

Medical Malpractice Missouri: Injury Plaintiff's Expert Qualifications

Posted on November 23, 2010
In any Missouri or Illinois medical malpractice or health care negligence related case, it is imperative for a personal injury attorney to retain a medical expert witness that can validate the Plaintiff?s claim of health care provider negligence. It is also essential to find a viable medical expert within the specialized medical field pertaining to the claim...

Missouri Medical Negligence Law: Impeachment of a Defendant Doctor on a Collateral Issue not Material to Substantive Issues of Case

Posted on November 22, 2010
The Missouri Supreme Court in Mitchell v. Kardesch, reversed a decision this past June based on the trial court's failure to admit impeachment evidence against the negligent doctor on a matter that was collateral to the substantive issues of the case...

Missouri Drunk Driving Accident and Injury Lawyer Ben Sansone Obtains St Louis County Personal Injury Judgment of $2.3 Million

Posted on November 17, 2010
In February 2009 the injury law firm of Sansone Law llc was retained to represent a St Louis area pedestrian that was dragged by a drunk driver after the pedestrian attempted to assist the Missouri drunk driver who appeared passed out at his wheel in the middle of the road...

Missouri Auto Injury Settlement - Primary Auto Insurance and Missouri Umbrella Coverage for Excess

Posted on November 16, 2010
Staff article - by Erin mace Today?s blog serves a dual purpose. First, I hope that it is informative for those that are seeking information on what to do regarding your potential Missouri or Illinois Personal Injury case. Second, I hope it serves as a caveat to all you neighborhood speeders ? mainly the three teens and/or their parents from my neighborhood with whom I have had countless confrontations regarding this very subject...

Illinois Motorcycle Injury Law - Product Liability and Negligent Design

Posted on November 10, 2010
The motorcycle world has been following a case involving an Illinois firefighter that lost control of his 2004 Harley-Davidson Screamin? Eagle Electraglide, sustained catastrophic Illinois personal injuries and is paralyzed from the chest down. A confidential Illinois personal injury case settlement was reached recently, after the jury informed the judge they were deadlocked...

Medical Malpractice Verdict - Negligent Gallbladder Removal

Posted on November 09, 2010
Recently, a jury handed down a decision in a Medical Negligence case in the amount of $4.08 million in damages. The medical malpractice personal injury lawsuit ensued after a patient negligently had his gallbladder removed. Three months after the negligent gallbladder removal surgery, the man was rushed to the emergency room with a high fever and in severe pain...

Missouri Personal Injury Questions from Public Answered by St Louis Personal Injury Attorney Ben Sansone

Posted on October 30, 2010
Get my answers to legal questions at Avvo.com

Under Missouri Personal Injury Law, Medical Damages are Amount BILLED to patient, NOT Amount PAID by Insurance; assuming proper evidence is established by Plaintiff

Posted on October 27, 2010
There is an ongoing battle to determine the definition of the phrase, ?value of medical treatment rendered?, and what this means in regard to financial compensation for medical bills in Missouri Personal Injury cases. A recent unanimous decision by the Supreme Court at least puts an end to the bills paid being the only measure...

Missouri Medical Malpractice Cases in the News - Doctor and Clinic Falsify Diagnosis For Profit

Posted on October 27, 2010
In our recent Missouri injury law blog article, it was noted that health care providers are in business to make money; that is perfectly proper, except when making money becomes more important than making an appropriate diagnosis. Several Missouri injury plaintiffs filed a Missouri Medical Malpractice lawsuit citing medical negligence against a Missouri physician, clinic, and the clinic?s CEO...

Missouri Reckless Drivers - Criminal Consequences as well as Civil Consequences if Injured Victims

Posted on October 23, 2010
A negligent or reckless driver can be held liable for their actions both in criminal and civil courts, as their actions may have violated criminal laws as well as caused personal injury to a victim. As a basic legal tenant, in a personal injury claim for wrongful death, one must pass the ?but for? test...

Medical Malpractice Cover-up Ends Up Costing Millions - Medical Negligence Verdict for Brain Injury

Posted on October 13, 2010
A $20 million dollar personal injury lawsuit verdict was awarded this week in favor of the Metheny family of Arkansas. The family filed a medical malpractice lawsuit against the Children?s Hospital?s insurance company, Proassurance Indemnity Company Inc...

Driving While Texting or Driving While Intoxicated...Which is Worse?

Posted on October 11, 2010
Staff Article - Erin Mace. We have discussed driving while texting, (or "DWT"), in a previous Missouri Personal Injury Law blog article, but I recently read an article that was titled, ?Texters, you?d be better off driving drunk? and thought this would be a good follow up...

Missouri and Illinois Personal Injury related Statute of Limitations Overview - General Guide ONLY

Posted on October 04, 2010
We receive a lot of questions regarding personal injury related statute of limitations for Missouri and Illinois. Keeping in mind that each and every case is dependent on many different variables, below we have listed Missouri and Illinois civil statutes of limitations...

Common Questions Regarding Missouri & Illinois Personal Injury Law Suits

Posted on October 01, 2010
When you believe you have a potential Missouri or Illinois Personal Injury claim, it can be a very confusing and emotional time for you and your family. I receive several phone calls and emails per week from new clients requesting information to better understand the process of their lawsuit...

St louis Bicycle Lawyer Takes On a Missouri Drunk Driver After His Truck Strikes Triathelete In Training - Missouri Personal Injury including Broken Back, Knee Injuries, Traumatic Brain and Head Injury

Posted on September 15, 2010
Missouri Personal Injury Attorney, Benjamin Sansone, has been recently retained as a St Louis bicycle lawyer to represent a St. Charles County cyclist who was struck by a drunk driver and thrown from his bike, causing severe personal injuries. Both the drunk driver and the bicyclist were traveling west on the south service road...

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