Missouri Law Help

Passenger in car crash receives settlement after airbag was deactivated by vehicle owner

admin — Mon, 12 Oct 2009 19:00:06 +0000

Meyerkord Law Firm recently reached two policy limit settlements for a client who was injured when she received injuries as a passenger in a car accident. Last year our client suffered serious injuries when an uninsured motorist lost control and crossed the median striking a pick-up truck in which our client was a front-seat passenger. The offending driver had no insurance. Our firm filed an uninsured motorist claim and reached a policy limit recovery of $50,000.00. Because we had thoroughly photographed the truck before it was salvaged we determined that the passenger-side airbag switch located on the dashboard had been turned to the “off” position using the vehicle owner’s key. We interviewed the owner of the truck who admitted to deactivating the airbag because he sometimes transports audio equipment which he did not want damaged by the airbag should he be in an accident. With our proof in hand, Meyerkord Law Firm went back to the insurance carrier and secured an additional $100,000.00 recovery for our client based on their insured’s negligence in deactivating the passenger airbag. We were able to show that the owner of the truck suffered minor injuries in the crash because he was protected by his airbag and that our client suffered major injuries because her airbag was deactivated.

The Meyerkord Law Firm, L.C. has provided the materials on this website for informational purposes only, and does not constitute legal advice. The use of this site does not create an attorney-client relationship. Additionally, e-mail or other communication with our attorneys through this site should not be considered confidential or privileged.

Excessive Prescription of Piroxicam Results in Settlement

admin — Fri, 09 Oct 2009 18:53:24 +0000

Meyerkord Law Firm recently helped a St. Louis city man receive a $150,000 settlement in a medical malpractice case after having it turned down by more than a dozen St. Louis-area attorneys.

Our client visited his doctor at the Family Care Health Center in St. Louis for arthritis pain in July 2007. He was examined and prescribed 20 mg three times a day of the non-steroidal anti-inflammatory drug Piroxicam. The recommended dosage is 20 mg once per day.

Within two months of beginning the dosage prescribed to him, our client experienced severe intestinal pain and fainted at his home. He was taken by ambulance to Saint Louis University hospital. At the hospital it was discovered that he had a perforated gastric ulcer that required emergency surgery. He spent two weeks in the hospital recovering following the surgery.

Our client had contacted more than 12 St. Louis personal injury lawyers who either rejected or ignored the case. When he hired Meyerkord Law Firm, we researched the Nursing Drug Handbook, determined the appropriate dosage of Piroxicam, and found an expert who would testify that an overdose would cause stomach ulcers.

Though the Missouri Tort Reform Act of 2005 has greatly reduced the ability of victims of medical malpractice to obtain compensation for their legitimate claim, our firm continues to accept malpractice cases.

Report Your Car Accident in Missouri so the Facts Get Recorded

admin — Wed, 23 Sep 2009 19:12:33 +0000

Making a record is what lawyers call the process of recording information for future use. Making a record is necessary because people often forget small but important details as time progresses. Remember playing the telephone game as child? As an adult we should remember the telephone game and call for police assistance when involved in a Missouri car accident. A good rule of thumb to follow is that a call to the police should be made if property damage or injury is apparent. Upon arrival to a car accident scene, Missouri police officers will interview the parties to the car crash, witnesses, and take measurements. The location, time and date will be recorded along with weather conditions. In most instances the officer will state what he or she believes to be the “probable contributing circumstance” to the Missouri car accident. Our rules of evidence will usually prevent the officer’s opinion concerning probable contributing circumstances to be shown to the jury, but insurance companies often do place importance on such findings when determining whether to accept liability for their driver involved in the car accident. The next time you are involved in a Missouri car accident call the police to report property damage and personal injury just as soon as it is safe and practical. Otherwise you may fall prey to bad memories and a bad conclusion to your insurance claim.

Injured at work? You may have “something more” than a workers’ compensation claim.

admin — Thu, 17 Sep 2009 19:38:37 +0000

Employees injured on the job who can show that their injury was caused by the negligence of their employer are usually precluded from suing their employer in civil court and are limited to pursuing a workers’ comp. claim. Cases in civil court based on negligence can provide for a greater recovery than work. comp. because comp. does not provide for pain and suffering compensation. Missouri law allows for special cases of negligence to be brought in civil court by employees against employers if there are facts showing the injury arose from “something more” than a failure of the employer to provide a safe workplace. What this means is that courts will look at cases to determine if the employer’s conduct was reckless in causing an employee’s injury. The cases which have been successful in showing “something more” are few but if the right facts are present your case may be successful. Each state has its own rules concerning employee suits against employers for negligence. This week a six million dollar recovery was announced in Illinois for the family of a man who perished at ADM from severe burns. Meyerkord Law Firm has experience in arguing cases of “something more” and will go over your case with you at no obligation.

Geoff Meyerkord

Attorney At Law

Injured on the Job? Do Yourself This Favor!

admin — Tue, 15 Sep 2009 14:00:43 +0000

Missouri law requires employee’s injured on the job to provide notice of their injury to their employer. One of the first questions I ask potential clients is whether they gave their supervisor written notice of their injury. Usually the response in “no”. If you’re injured on the job you will help yourself by writing or typing a note to your supervisor stating that you suffered an on the job injury and provide the date and approximate time. There is no magic to this notice but it should be done within thirty days and you must keep a copy for yourself. By providing written notice of your injury you create a paper trail which removes a common defense employers and insurors use to deny claims. Find a report of injury form here.

Two Verdicts Against Missouri Personal Injury Attorneys

admin — Mon, 14 Sep 2009 15:20:10 +0000

This past week produced two verdicts against Missouri personal injury attorneys. The unrelated cases were based on a St. Louis attorney’s failure to file a wrongful death case on time and the other for a southeast Missouri lawyer’s settlement of a slip and fall case which his client believed was too low. Though the cases concern two different personal injury lawyers from Missouri they do demonstrate the importance of good communication between an injured client and his or her lawyer. Regular contact by phone and mail is imperative and can reduce potential problems in the future. The Meyerkord Law Firm staff utilizes text messaging, mobile email and traditional land based and cell based phones to keep the lines of communication open with our clients. Good communication with clients is both ethical and essential.

State Farm “No Pay” Med Pay

admin — Thu, 10 Sep 2009 14:45:46 +0000

Yesterday I wrote a bit about med pay insurance and why I believe it is a good investment. Today I learned that in May of 2009 State Farm changed its policy concerning medical payment coverage in auto injury cases. State Farm states in a memo that it will no longer provide duplicate payment of medical bills, specifically when their insured receives a liability settlement, underinsured motorist or uninsured motorist settlement. The effect of this is to significantly reduce the instances in which State Farm will be liable to pay under their policies. If the policyholder elects to purchase med pay and pays their premium why should State Farm not provide coverage for accident related bills? Most med pay claims are small because most policies provide minimal, however helpful benefits. Hopefully other carriers will see the benefit of providing their customers with first dollar payment of med pay claims.

Geoff Meyerkord
Attorney At Law

Will Using My Medical Payments Insurance Raise My Rates?

admin — Wed, 09 Sep 2009 14:57:50 +0000

I would suggest to my friends and clients that you add medical payments coverage to your car insurance. This coverage will pay medical bills if you are in a car crash – even if you cause the accident. It is inexpensive coverage and will not raise your rates if you use it because it is considered no-fault insurance. You can find out if your current insurance policy includes medical payment coverage by looking at your declarations page. Call me to discuss or email us.

The Meyerkord Law Firm, L.C. has provided the materials on this website for informational purposes only, and does not constitute legal advice. The use of this site does not create an attorney-client relationship. Additionally, e-mail or other communication with our attorneys through this site should not be considered confidential or privileged.

Injury Claim: Settle or go to Court

admin — Wed, 15 Jul 2009 19:17:48 +0000

When dealing with a personal injury claim, it is difficult for people involved in the case to decide whether or not to settle or go to court. There are plenty of advantages and disadvantages when it comes to deciding whether or not to settle a personal injury claim or go to court for a personal injury claim. When consulting with a personal injury lawyer, he or she will be able to review the claim and advise whether or not the case should be settled out of court or should take the next step and go to trial.

A couple of reasons why a personal injury claim will wind up going to court include the fact that alternative solutions have failed such as mediation and arbitration. Mediation is the process of settling a disagreement outside of court with a non biased third party. Both sides will tell their side of the story and the mediator will help them come to a mutual agreement. Arbitration also involves a non biased third party that will hear both sides of the story but the difference is that the arbiter will make the decision as to who wins the case.

Advantages of Going to Court
The advantages of going to court include receiving a bigger award, the ability to explain and document what happened, and the chance to appeal the decision if one side loses. These are really the only three advantages of going to court when it comes to a personal injury claim.

Advantages of Settling a Claim
The advantages of settling a claim include a lower price tag than going to court, going to court takes much more time than deciding upon a settlement, going to court can be intimidating when sitting in front of a judge or a jury and people must appear in court once the dates are set. No excuses can be made for missing a court date as in having to work or having a prior commitment to attend.

Important Considerations
One thing to consider when determining whether or not to settle out of court or to go to court in a personal injury case is how quickly the victim wants to get their life back to normal. Spending time in court and in the lawyer’s office will add more stress to an already stressful situation such as filing a personal injury claim. If the victim wants his or her life to return to normal as quickly as possible than settling the claim out of court will be the best option. Settling a personal injury claim out of court doesn’t always result in the highest winnings for a victim because the insurance company of the defendant will not offer a reasonable and fair settlement unless the case actually goes to trial. If the case does go to trial the victim should have hired an experienced attorney that has a proven track record of success in winning personal injury cases.

Differences in Costs
Always remember that settling a personal injury claim out of court is less expensive than letting the case head to court. There are all kinds of court fees to pay, lawyer fees to pay, and then the judgment award to pay once the trial is complete. Lawyer fees in a settlement will be much less because deciding on a settlement will take much less time than going to court. Court dates aren’t always determined right away and some cases will have to wait for over six months or more before the trial actually takes place. Settlements should also be avoided if the victim of the personal injury case has been severely injured or killed in the accident.

How a Personal Injury Claim Works

admin — Wed, 15 Jul 2009 19:12:49 +0000

The process of a personal injury claim starts when you hire a lawyer, and ends with the conclusion of your personal injury case, whether because a settlement has been reached or because the trial has concluded and judgment has been given.

Consulting with A Lawyer
When you consult with a personal injury lawyer they will ask you questions about the accident and take a number of details from you, including asking you for a medical authority so that your lawyer can request your medical records. It is common for personal injury lawyers to treat your case as though it is going to trial. This is to ensure that your attorney can put forward the most advantageous case on your behalf, even if it is simply a matter of negotiating the settlement figure. In the event that your case remains contentious and goes to trial, your attorney will be in a strong position if the case has been handled properly from the outset.

Filing a Personal Injury Claim
Personal injury claims must be brought within a specific period of time after the accident, after which they become ‘statute barred’ and will not succeed. The length of this strict time limit varies from state to state, but is shorter than in most other types of cases and is usually around 3 years. It is very important that you see an attorney soon after your accident, rather than waiting until just before the expiration of the statute of limitations. If there is insufficient time left before the statute of limitations expires, an attorney may not consider that they will be able to undertake the necessary pre-filing work in time and refuse to take your case. It is also worth remembering that it is better to see a lawyer while events are fresh in your mind, rather than trying to recall what happened months or years later.

Your attorney will file papers in court (a summons and a complaint) and pay the appropriate filing fee. A copy of these papers has to be served personally on the individual you intend to sue, or if you’re suing a corporation, an appropriate representative of that corporation.

Discovery
Once the defendant has been made aware of the fact that they are being sued, both parties in the case begin a process of requesting documents and information from each other (‘discovery.’) These may include lists of questions (‘interrogatories’), medical records, doctors’ reports and ‘depositions’, which is when an attorney questions a witness under oath. As the injured party, a doctor acting for the defendant may examine you. The discovery process can take months, or even years, depending on the nature of your case and the complexities relating to it.

Negotiating a Settlement
It is during this period that each side weighs up its potential liability in relation to the case. If the defendant accepts liability for the claim it will simply be a matter of negotiating until a mutually acceptable figure can be reached. If the case has not been settled at the conclusion of discovery, it will proceed to trial.

Proceeding To Trial
The court will give directions as to any issues each party should attend to before the trial, e.g. serving documents. Each party can request trial by jury, but must pay the appropriate fee with the jury demand. Once the trial starts, the court will hear evidence from live witnesses and will also consider written documentation. After the trial concludes, judgment will be given. If the claimant has been successful, but the defendant has not paid, the claimant may take steps to enforce the judgment.