Areas of Practice
Wrongful Death
Medical Malpractice
Car Accidents
Train Accidents
Nursing Home Neglect
Defective Products Liability
Consumer Fraud
Slips and Falls
Workers' Compensation
Sexual Abuse
Legal Malpractice
Commercial Disputes
Wrongful Death
People sometimes die as the result of the conduct of others. In the event of death caused by another's negligence, the deceased's survivors possess an action for the loss of the support, guidance and companionship of their loved one. These cases present unique challenges with regard to the proof of injury and damage. Our attorneys have represented the families of deceased individuals in cases arising out of a death occurring as the result of automobile accidents, truck accidents,car accidents, train accidents, the use of products, as well as medical error.
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Medical Malpractice
Health care providers, including physicians, are required to exercise "that degree of skill and learning ordinarily used by members of their profession under the same or similar circumstances". If the failure to do so causes injury, a cause of action for medical malpractice may lie. These cases tend to be the most challenging and expensive cases we handle. Success depends upon the active cooperation and participation of another health care provider to act as an expert witness. Fortunately, we have developed an extensive network of physicians who will objectively, but anonymously, screen records for evidence of malpractice.
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Automobile Accidents
Every Missourian has a duty to exercise the highest degree of care while operating a motor vehicle. The failure to do so is called negligence. A cause of action results if the negligence of the operator of the automobile causes injury. Millions of people in the United States are injured or killed every year in automobile accidents. Victims are entitled to recover damages for pain and mental anguish as well as for medical expenses and lost earnings directly related to the auto accident.
While money cannot bring back your health or bring back a loved one, it can help alleviate some of the financial difficulties that result from automobile accidents. It is important to see an automobile accident lawyer as soon as possible after an auto accident so the evidence is still available for inclusion in your case. Additionally, we help people who need assistance dealing with their insurance company where they were involved in a collision with a motorist who did not carry enough automobile insurance or any insurance at all.
What to do if you are involved in an automobile accidentDetermining the liability in an automobile accident is often much more complicated than simply proving which driver was "at fault." The fault can be entirely blamed on one person, or may be spread among several people that are involved. In addition, most automobile accidents involve insurance claims and other complicating issues. For both of these reasons, getting immediate legal guidance is extremely important when dealing with automobile accidents.
The actions of one or more drivers involved in the automobile accident are the most reported cause of accidents. In order to prove that another driver was at fault, you need to show that the other driver broke a specific rule or traffic law. Often the police and insurers will decide if the driver was either negligent or reckless at the time of the accident.
Car accidents are common the roads of the United States. The National Highway Traffic Safety Administration (NHTSA) estimates the number of reported traffic accidents in 2009 at 5,505,000 with nearly 31,000 of those accidents being fatal. And in 2008 AAA reported that motor vehicle crashes were shown to cost Americans more than $164.2 billion each year and in the same report AAA reported that car accidents cost each American over $1,000 a year on average. Given this information, it is very likely that you are going to be involved in some sort of automobile accident at some point in your life.
If you are in involved in a car accident, truck accident or any other automobile accident, stay calm, exchange insurance information, contact your insurance compay, and try to write down as much information as you can about the accident. Then contact your local police and a lawyer that can help provide legal assistance.
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Train Accidents
Railroad crossings are hazardous. When trains aren't properly maintained, when there are unsafe crossings, or when negligent conductors irresponsibly barrel down the tracks, a serious accident may occur often resulting in serious injury or even death. If you've been hurt or have had a loved one killed in a train accident, we can help you recover damages for your train accident injuries.Unsafe crossings and inattentive train crews cause needless deaths. Our lawyers have represented clients in cases in which individuals were killed or injured when they, or the car in which they were riding, was struck by a locomotive.
Just like an automobile case, train accidents need a negligent party in order to prove liability. For your case you need to prove that someone or some other entity (train company, etc) was negligent and that the negligence was a cause of the train accident. You should contact your lawyer as soon as possible after your train accident to provide legal protection from the train companies. They have huge organizations full of lawyers dedicated to settling the case at as low of cost possible to the train company. Hiring a lawyer is an essential part of maximizing your legal power against the big corporations.
You should always be sure that everyone involved in a train accident is safe, take down information and take as many pictures and witness statements as possible to help your case. If you are not proactive in the first moments after a train accident, you may lose your only chance to prove your case and get the compensation you deserve.
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Nursing Home Neglect
Nursing home populations are burgeoning. The quality of care exercised by such homes varies widely. Derelict care can result in injury or illness. Nursing home personnel owe their residents sufficient care to protect them from injury and avoidable illness. Our firm has prosecuted nursing homes for their failure to adequately care for their patients.
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Defective Products
The manufacturer of a product may be liable in damages for one who is injured as a result of using a defective product. The defect may be in the manufacture, design, labeling or even packaging of the product. Proof of product defect usually requires close consultation with engineers. We have handled cases involving automobiles, medical devices, construction tools and equipment, automatic revolving doors, press machines, ladders, lawn mowers and myriad other devices.
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Consumer Fraud
Under the Missouri Merchandising Practices Act, the use of deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or ommission of any material fact in connection with the sale or advertisement of any merchandise in trade or commerce is an unlawful practice. The Act defines merchandise as any wares, goods, commodities, intangibles, real estate or services. As such, the Merchandising Practices Act provides a broad platform upon which a consumer can fight unfair and fraudulent business practices. Our firm has experience prosecuting cases on the behalf of individuals who have been damaged due to unfair and fraudulent business practices utilized by corporations.
Fraudulent Extended Auto Warranty Sales Practices
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Slips and Falls
Property owners owe a duty to maintain their property in a reasonably safe condition. The failure to do so may subject the owner to liability if a tenant or visitor is injured as a result. These cases are sometimes referred to as "premises liability" cases. Frequently , the key to success in such cases involves early investigation and preservation of evidence.
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Workers' Compensation
Missouri law provides a person injured on the job with three principal benefits:
(1) medical treatment,
(2) a portion of their regular income while they are unable to work, and
(3) compensation for permanent disability.
These benefits generally apply regardless of the cause of the injury. Such claims are made through an administrative agency, the Missouri Division of Workers' Compensation. Our lawyers are familiar with the administrative process and our capable of helping you navigate through the system.
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Sexual Abuse
These cases arise when people in a position of power or authority take advantage of one entrusted with their care. The psychological and emotional injury suffered by victims of sexual abuse can be debilitating. These cases demand discrete, sensitive and non-judgmental attention. Our attorneys are willing to listen, assess a victim's goals, and attempt a remedy consistent with those goals.
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Legal Malpractice
Lawyers are no less prone to error than physicians or other professionals. We handle meritorious cases of lawyer malpractice even against colleague lawyers in St. Louis. Many lawyers do not. We believe we would be hypocrites to handle cases of medical negligence, but not of legal negligence.
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Commercial Disputes
Our lawyers have represented various small to mid-sized companies in commercial disputes. We have had success in all types of commercial cases including contract disputes, non-compete violations, and trade secret violations. We realize the economic constraints small corporations face when presented with the prospect of litigation. The large hourly fees charged by many of the large corporate law firms are not economically feasible for many small companies. In many situations, an otherwise meritorious case for a small company becomes economically unviable because of large hourly fees. Our attorneys understand this, and we are always willing to work with our clients to develop a fee schedule that is in their best interest. We have worked with small businesses under contingent fee agreements, on an hourly fee basis, and have even worked under a blended rate structure.
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