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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

Legal Research and Personal Injury Attorneys

Posted on December 20, 2009
For most attorneys, legal research is a labrynth of databases and special queries. Two behemoth companies have dominated the market for about the past 20 years or so: Westlaw and Lexis. Some have argued they are a duopoloy. It wasn't until a couple years ago with the advent of public...

Missouri Supreme Court hands down 2 rulings related to Missouri Uninsured Motorist Coverage Personal Injury Claims

Posted on December 11, 2009
Jason L. Rice v. Shelter Mutual Insurance Company, Missouri Supreme Court - SC90139 Ambiguities in insurance policies are construed in favor of the insured, this is because the insurance company is the one who drafted the policy and any ambiguities or mistakes must favor the insurer or victim as they did not draft the policy...

Illinois Dangerous Product Lawsuit - Defective and Dangerous Consumer Product

Posted on December 09, 2009
In a previous Missouri injury lawyer blog entry, I discussed an Illinois dangerous product personal injury claim we are pursuing on behalf of an Illinois personal injury client. He was struck violently in the face and nose by a log piece that was ejected from a log splitter...

Missouri Medical Malpractice - Constitutionality of Damage Caps to be Heard by Missouri Supreme Court

Posted on December 08, 2009
In 2005 Missouri tort reform was passed and its main thrust was to eliminate personal injury medical malpractice cases in Missouri. One of the primary mechanisms to eliminate these cases was to institute non-economic damage caps of $350,000, which cannot be adjusted for inflation...

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Is Your Personal Injury Case Worth Fighting? - Article Submitted by Guest Author

Posted on December 04, 2009
Laura A. Wright is a guest author, who contributed this post. Laura writes on the topic of online paralegal degree . She can be reached at her email id: laura.wright@radiffmail.com When you or a loved one is injured in an accident or hurt in some way by the wrongful actions of others, you may have a personal injury case on your hands...

$54 Million Verdict - Premises Liability - Security Failure - 3rd Party Criminal Action

Posted on December 03, 2009
As discussed in an earlier Missouri injury Law blog article, we represent victims of 3rd party criminal action when the criminal was allowed to attack the victim as a result of faulty security or safety measures of the property owner. One such St Louis injury case arises from the rape of a young woman because of faulty security doors at her apartment...

Missouri Circuit Courts are the proper place for the Missouri Work Comp Second Injury Fund to bring a Subrogation Case

Posted on December 01, 2009
Recently, the Missouri Supreme Court, in the case of Joseph Banks v. Clint Zweifel, Treasurer of the State of Missouri, SC90131, determined that the Missouri Workers Compensation second injury fund can pursue subrogation actions in the circuit courts of Missouri...

Missouri personal injury verdict arising from drunk driving wrongful death case

Posted on November 25, 2009
Record Missouri Verdict - Drunk Driving Accident in Franklin County Recently a Franklin County jury returned a massive Missouri wrongful death verdict stemming from a death resulting from a drunk driving collision. Sansone Law has handled multiple drunk driving personal injury cases and often the likelihood of these massive verdicts facilitates very favorable settlements in favor of our clients...

5 Reasons to Hire a Personal Injury Lawyer - GUEST AUTHOR - Donna Mitchell

Posted on November 12, 2009
This guest post was contributed by Donna Mitchell (she is not affiliated with Sansone Law), who regularly writes on the topic of paralegal schools online . She welcomes your comments and questions at her email address: donna.mitchell@rediffmail.com 5 Reasons to Hire a Personal Injury Attorney: It?s tough when you?ve met with an accident, one that has not just left you with physical injuries but also caused deep emotional and psychological scars as well...

Illinois Drunk Driving Lawsuit - Case settled for Insurance Policy Limits of $100,000 - Low Offer Prior to Lawsuit

Posted on October 16, 2009
Back in early 2008 we were retained as the injury lawyers by the victim of a Belleville Illinois drunk driving crash at a major intersection. Initially, the victim retained a different personal injury law firm who secured a settlement offer of just under $50,000, however, the victim did not want to accept and the previous attorneys did not believe the case was worth more than that offer...

Illinois Wrongful Death Lawsuit - Products Liability, Illinois Wrongful Death Claim, and Illinois Workers Compensation

Posted on October 07, 2009
On July 11, 2009 an Olin worker was tragically killed as the result of an Illinois industrial accident. He was operating a table lathe when apparently it inadvertently started causing a metal rod to swing around violently and fatally strike him across the chest...

$575,000.00 - Illinois Head / Brain Injury Settlement - Illinois Drunk Driving Car Accident Lawsuit

Posted on September 11, 2009
In August 2007 my client was the injury victim of a high speed car accident caused by an Illinois drunk driver operating a large pick up truck owned by a car dealership. See: Illinois Truck Accident - Drunk Driver Covered by Auto Dealership Policy In Missouri and Illinois evidence of intoxication by an at fault driver will, in most cases, allow the imposition of punitive damages...

Missouri Bike Collision - $100,000.00 Personal Injury Settlement - Insurance Policy Limits

Posted on July 27, 2009
In May 2008 my client was struck by a Hummer H2 while legally traveling on his bicycle in a designated bike lane in the Soulard area of St Louis MO. He proceeded through an intersection that had no stop sign for his direction of travel, however, the cross traffic had a stop sign and the other driver went through the stop sign and violated my client cyclist's right of way and causing a collision which resulted in serious personal injury...

Erin's Corner - Drunk Driving Wrongful Death Case

Posted on July 15, 2009
Authored by Sansone Law staff member, Erin Mace. Wrongful Death lawsuit filed by parents of high school student killed in drunk driving incident. I was pursuing some news sites relating to personal injury and came across this tragedy. Two young men, 16 and 20 years of age, were walking home from a birthday party and were fatally struck by a drunk driver...

Missouri and Illinois Personal Injury Law - Insurance Company Duty to Handle Insured's Cases in Good Faith When Considering Demands

Posted on July 01, 2009
Most people outside the personal injury legal profession and liability insurance often do not understand the nature of the parties' relationships when a claim is made against someone for negligence. For example, lets take a Missouri car accident that results in an injury and a driver was negligent...

Zicam Lawsuits - Anosmia (Loss of Smell) Resulting From Use

Posted on June 18, 2009
As many people have heard, Zicam, a popular homeopathic product that claims its use shortens the length of a cold, was the subject of a 12 million dollar class action settlement in 2006, however, the product remained on the market. Now the FDA has issued an advisement cautioning consumers against using Zicam...

Obama Speech to American Medical Association - Not Advocating Damage Caps

Posted on June 15, 2009
For about a week myself and other personal injury lawyers were waiting to see the President's speech to the AMA in Chicago, IL today. For about a week there have been concerns that Obama would advocate limitations on medical malpractice cases in order to get the AMA to support his health care initiatives...

Missouri Injury Law - Court cannot force Plaintiff to consent to Ex Parte meetings or contact by defense lawyer with Plaintiff's treating physician in informal discovery

Posted on June 10, 2009
Recently, a Missouri personal injury defendant sought an order by the trial court compelling the Plaintiff to sign an authorization allowing the defendant's counsel to meet with Plaintiff's treating doctor without the plaintiff or any of their representatives present, as the doctor refused to do so without an authorization...

Dangerous Condition on Roadway Caused Cyclist Injuries - Assumption of the Risk Not a Grounds for Dismissal

Posted on May 28, 2009
Recently, a cyclist that was injured due to a dangerous condition on the roadway almost had her case dismissed based on assumption of risk claim by the Defendant. The court of appeals ruled that cycling on the roadway is not assumption of the risk. In their case their was a dangerous "lip" in the roadway due to new asphalt and old asphalt coming together, however, the dangerous part about it was that there was not warning and the lip is not seen until the last second by cyclists...

At the end of any personal injury lawyer advertisement you will hear something similar to "The choice of a lawyer is an important one and should not be based on advertising alone"

Posted on May 22, 2009
This is disclaimer that should be taken very seriously. Think of how many personal injury lawyer advertisements there are where they claim they will get the best result for you, and some even go so far as to diminish the professionalism of our business by making juvenile advertisements and claims...

Ignition Interlock and DWI - article by visiting author Kimberly Peterson

Posted on May 20, 2009
The recent enactment of legislation in Missouri requires an ignition interlock on drivers who have been convicted of two or more DWI charges, thus making the roadways safer for all drivers. RSMo. 577.600 upheld that this is required on all vehicles that are operated by such repeat convicted offenders and is a required condition of the limited driving privilege for a short period...

Erin's Corner - #2: Further Discovery and Comment about the World of Missouri and Illinois Personal Injury Law

Posted on May 15, 2009
Continuing on my journey to personal injury law discovery - some would describe as my own ?trail of tears? - I have come across many different points of view from different sides. This is in-part a response to some emailed comments and questions I received and in-part a declaration of my recent discoveries...

Premise Liability - St Louis Missouri - Defective and Unmaintained Security Doors - Rape of woman inside her own apartment

Posted on May 15, 2009
Currently, I am handling a St Louis personal injury premise liability and negligent maintenance/security case arising from an apartment complex owner or manager's complete failure to maintain and repair outer security doors of the apartment buildings in the complex...

Loss of Smell (Anosmia) Injuries - Jury Verdicts and Settlements Across the Country

Posted on May 11, 2009
Currently, I am representing an Illinois personal injury victim that suffered severe injury to his nose after being struck in the face when using a defective log splitter. See - Illinois Products Liability Personal Injury - Nose Injury & Loss of Smell...

Missouri Medical Malpractice - "Res Ipsa Loquitur" now a cause of action in Missouri medical negligence cases

Posted on May 05, 2009
If you are not a personal injury lawyer the first question you may have is what does Res Ipsa Loquitur mean and what does it have to do with personal injury law or Missouri medical malpractice? Res Ipsa Loquitur is Latin for "the thing speaks for itself" and is a legal doctrine that dictates when personal injury occurs and there is no way the personal injury could have happened in the absence of negligence then the injured victim does not have to prove a specific act of negligence...

Erin's Corner - Introduction to St Louis personal injury from the perspective of a non lawyer and former personal injury law skeptic

Posted on May 01, 2009
I?m new to the Missouri and Illinois personal injury law firm known as Sansone Law, LLC and new to personal injury law. I am the new legal assistant to Mr Sansone and I will be writing a blog entry once a week. My background is as a legal assistant to domestic/family law attorneys...

Missouri bike accident case settles for $15,000 - 3 times the amount of medical bills

Posted on April 29, 2009
About 6 months ago I was retained by a Springfield Missouri cyclist that was injured when a car passed him then made a right turn into a parking lot, cutting him off and causing the Missouri bicyclist to crash into the side of their car and resultant injuries...

Illinois work comp case and third party liability case settle for gross total of $180,000.00

Posted on April 27, 2009
In August 2007 we posted the following blog regarding an Illinois personal injury and work comp claim as the result of a rear end collision in Madison County Illinois, the case was an Illinois worker's compensation claim along with a an Illinois negligence claim against the at fault driver because the injured passenger was on official work duty when the rear end car collision occurred...

Missouri Injury Settlement - $100,000 for Injury to Child's Eye from Rigid Plastic Toy Knife

Posted on March 10, 2009
Recently, Sansone Law was able to settle a Missouri toy products liability case for close to $100,000.00 after several years of litigation. The case stemmed from a 2004 injury that was described in the previous blog entry below. Missouri Personal Injury Law - Child Injured by Unreasonably Dangerous Toy It was a very difficult case from a liability standpoint as the toy knife was not blatantly dangerous looking...

St Louis Missouri Personal Injury Claim and Probable Lawsuit Arising from Good Samritan Pedestrian being Struck by Drunk and Uninsured Driver

Posted on February 12, 2009
In January 2009 around 4:30 p.m. a Missouri personal injury insurance claim and possible lawsuit arose when my client was traveling on North Lindbergh when he notice a car slowly rolling onto the center median curb with the driver slumped over the wheel...

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