Missouri Injury Attorney Blog

Cardin & Payne Attorneys ~ Trasylol Inury Lawyers

If you or a family member had a major surgery and suffered kidney failure or kidney damage following the surgery (or resulted in death), contact Cardin & Payne now so that we may investigate your case to see if Trasylol was to blame.

The lawyers at Cardin & Payne have learned of the dangers of Trasylol on the heels of a study published in 2006 in The New England Journal of Medicine. Unbelievably, this study found that Trasylol doubled the risk of kidney failure compared to placebo. If you or a loved one has experienced an adverse health event as a result of taking Trasylol, contact one of the Trasylol attorneys at Cardin & Payne immediately to discuss whether you are entitled to receive compensation.

The Trasylol lawyers at Cardin & Payne have determined that Trasylol has the following side effects:

Kidney failure
Dialysis
Heart attack
Stroke
Encephalopathy

If you or anyone you know has experienced any of these side effects; contact a Trasylol attorney at Cardin & Payne TODAY, we can help.

The lawyers at Cardin & Payne have the experience and resources to litigate Trasylol claims on behalf of their clients and also team up with other nationally preominate law firms to maximize your benefit. Many national personal injury attorneys have fully researched the studies and relevant data and come to the determination that those injured by Trasylol may be entitled to compensation from its manufacturer.

At Cardin & Payne we understand that a Trasylol related injury could have devastating effects physically and financially on a victim and their families. It is for these reasons that we count customer service as one of our top priorities and only associate with other attorneys dedicated in the same fashion. When hired by a client, we make a commitment to that individual client to aggressively and efficiently prosecute while keeping the client informed of all developments.

If you or a loved one has been injured by Trasylol and suffered:
kidney failure,
heart attack,
stroke, or
encephalopathy,
contact the Southwest Missouri lawyers at Cardin & Payne. We can help. Cardin & Payne law office is local law firm that will associate with a national law firm that represents individuals in similar types of claims and have been injured by America's largest corporations.

This is part of the 60 Minutes coverage:

For more information, fill out our online contact form or call Cardin & Payne at 417 847 7516.

Posted by David Payne | Permalink | Email This Post

Posted In: Pharmaceutical Drugs

Bookmark:

~David Payne is only a phone call or an email away by visiting mo-injurylaw.com. David Payne is an experienced lawyer who handles car accident and personal injury cases all over the Ozarks including Springfield, Branson, Monett, Joplin, Nixa, Ozark, Republic, Mt. Vernon, Aurora, Neosho~

How do I hire David Payne to represent me?

In Missouri, under what circumstance am I able to recover damages as a result of an accident?

To get money as a result of an accident, you must have suffered an injury to your person (body)or property as the result of someone else's negligence. In other words, the person or company who caused the harm must be at fault for your injuries.

If I was injured due to the fault of someone else, how are my money damages calculated?

There three primary categories: medical bills, lost wages, and pain and suffering (almost always the largest component). In cases where an injury is such the injured person must be retrained for a new job, the costs associated with the retraining are also recoverable. You will also be compensated for an permamant injury and any known future medical cost. This money is intended to restore your loss and is not taxable.

What is meant by personal injury? What kind of cases does this include?

"Personal injury" is a broad term that means any kind of accident that leads to bodily injury. David A. Payne is a personal injury attorney. I am a lawyer who represents personal injury clients who have suffered a serious injury in an auto accident, motorcycle accident, truck accident, or as the result of other injuries or circumstances where a money recovery is needed provide some form of justice. By dealing with these specific types of personal injury cases, it allows me experience in knowing the nuances of the laws governing personal injury cases and motor vehicle insurance in Missouri.

What are some vehicle insurance policies that provide coverage in addition to simple liability coverage? What is meant by uninsured/underinsured motorist coverage and do I have these coverages?

In Missouri, uninsured/underinsured motorist coverage applies in two general situations: (1) Uninsured: the at-fault driver has no liability insurance, and (2) Underinsured: where the at-fault driver has insufficient liability insurance policy limits.
Uninsured/underinsured motorist coverage is insurance coverage that covers your accident just as your liability insurance provides compensation for the people that you might injure through your driving. This coverage might also extends to family members who live with you and/or to anyone injured in your vehicle.

Posted by David Payne | Permalink | Email This Post

Posted In: Frequently Asked Questions

Bookmark:

SOUTHWEST MISSOURI INJURY LAWYER~David A. Payne has offices in Cassville and Shell Knob on Table Rock Lake

This story will probably ruin your day. It might even make you sick. This story illustrates how injured people and their families can be re-victimized by the system that was put in place to compensate them for their loss. Beware: the below story will probably cause great anger, confusion, and maybe even a little vomit to come up to the back of you mouth.

Debbie Shank from Jackson, Missouri suffered severe brain damage after a traffic accident nearly eight years ago that resulted in loss of much of her short-term memory and left her in a wheelchair and living in a nursing home.

It was the beginning of a series of battles--one of their biggest was with Wal-Mart's health plan of which Shank was a member because of her employment with this company.

Two years after the accident, Shank and her family were awarded about $1 million in a lawsuit against the trucking company involved in the crash.

Wal-Mart had paid out about $470,000-not because of liability but rather under the health care contract-for Shank's medical expenses and later sued to recover from the Shank's their moneys expended.

NBC did this piece on the evening news covering the Shanks story.

The Shanks didn't notice in the fine print the company has the right to recoup medical expenses if an employee collects damages in a lawsuit.

The family's attorney informed Wal-Mart about the settlement and believed the Shanks would not be raided by Walmart for the moneys collected. "We assumed after three years, they [Wal-Mart] had made a decision to let Debbie Shank use this money for what it was intended to," Graham said.

However, and unfortunately so, the Shanks lost and Walmart won. suit to Wal-Mart.
"They are quite within their rights. But I just wonder if they need it that bad," Jim Shank said.

In 2007, the Walmart reported net sales in the third quarter alone of over $90 billion.

Legal or not, CNN asked Wal-Mart why the company pursued the money from the Shanks.

A Wal-Mart spokesman, who called Debbie Shank's case "unbelievably sad," replied in a statement: "Wal-Mart's plan is bound by very specific rules. ... We wish it could be more flexible in Mrs. Shank's case since her circumstances are clearly extraordinary, but this is done out of fairness to all associates who contribute to, and benefit from, the plan."

Jim Shank said he believes Wal-Mart could and should make an exception.

"My idea of a win-win is -- you keep the paperwork that says you won and let us keep the money so I can take care of my wife," he said.

The family's situation is dire. In fact, last year Jim Shank divorced his wife, so she could receive more money from Medicaid.

"Who needs the money more? A disabled lady in a wheelchair with no future, whatsoever, or does Wal-Mart need $90 billion, plus $200,000?" he asked.

"She'll never be able to work again. Never have a relationship with her husband or children again. The damage she recovered was for much more than just medical expenses."

Even with all this said, right now, only about $277,000 remains in the trust -- far short of the $470,000 Wal-Mart wants back.

Refusing to give up their fight, the Shanks appealed to the U.S. Supreme Court and where denied. For now, he said the family will figure out a way to get by and "do the best we can for Debbie."

"Luckily, she's oblivious to everything," he said. "We don't tell her
what's going on because it will just upset her.

Posted by David Payne | Permalink | Email This Post

Posted In: General

Bookmark:

Injury Lawyer for Southwest Missouri~David A. Payne

Heart attack or stroke victims from the once-popular painkiller Vioxx and want early partial payments now have another month to file paperwork to support their claims under a settlement with manufacturer Merck & Co.

Cardin & Payne represnts many VIOXX victims and are teamed up with Carey & Danis of St. Louis.

Claims are still coming in to BrownGreer PLC, the Richmond, Va., law firm. Merck's lawyer told U.S. District Judge Eldon Fallon, some law firms especially those with many clients registered for the settlement are still working on many of the claims.

Merck has agreed to put off the claims deadline from March 31 until May 1, 2008. The deadline remains July and possibly may be set off as late as October for those who don't want an early partial payment.

As of Monday, 58,571 people were listed as wanting to join the settlement. However, 8,690 weren't eligible because they claim Vioxx caused a medical problem other than stroke or heart attack.

He also explained a private Web site set up by his firm lets people see what paperwork has arrived for each client, whether it is complete.
The site includes a spreadsheet to calculate claims from the dates for and number of pills in a plaintiff's Vioxx prescriptions and free samples.

Each law firm can see information for only its own clients.

Those include authorization to check their medical records, an agreement to drop all claims against Merck, and a signed list of the specific claims being dropped. People who want "extraordinary injury payments" also must agree to let attorneys check their employment records.

Posted by David Payne | Permalink | Email This Post

Posted In: Pharmaceutical Drugs

Bookmark:

"David Payne is a lawyer practicing in Cassville, MO and focuses on personal injury including car wrecks & auto accidents"

We all need a chance to laugh and below is a great video that allows for that opportunity. If you or family member has been injured and you are wondering about your legal options, please call David Payne TODAY to discuss the legal framework of you matter.

You will be given a free, no-obligation phone conference on the day you call.

Cassville~Monett~Aurora~Mt. Vernon~Purdy~Washburn~Seligman~Marionville~Shell Knob

Posted by David Payne | Permalink | Email This Post

Posted In: Lighter Side

Bookmark:

"David Payne is an experienced auto accident lawyer and will give prompt professional advice to anyone injured in a car wreck"

A Mount Vernon teenager was seriously injured in Lawrence County when the vehicle he was a passenger of ran off the roadway.

The accident happened on Route F when Daniel Caddick, 22, of Aurora was driving a 1994 Geo, according to the accident report. The car ran off one side of the road, over-corrected, then skidded off the opposite side. The vehicle then struck a ditch, overturned and ejected the passenger, Joseph McPherson, 17, of Mount Vernon. The car eventually came to rest on a fence.

McPherson has suffered serious injuries and was immediately taken to St. John’s Hospital in Springfield.

The driver, Caddick, suffered moderate injuries and was also taken to St. John’s Hospital in Springfield.

If you have been injured in Missouri and are considering hiring a personal injury attorney for you auto injury, David A. Payne will provide you with some basic information. However, please be advised that the information on this web site is not a substitute for personal legal advice.

Posted by David Payne | Permalink | Email This Post

Posted In: Auto Accidents

Bookmark:

"Cardin & Payne Law Offices are located in Cassville and Shell Knob on Table Rock Lake"

Car & work accidents often result in injury. Depending on the magnitude of the injury, life can take a turn down previously uncharted paths. Daily pain, visits to the doctor, hospital visits, loss of income, mounting medical bills, and depression are just a few of the ramifications resulting from an accident that results in injury.

By talking with an experienced attorney and advisor about your case, you can gain a greater understanding of what you will be facing. Don't trust the insurance adjuster to give you all you are entitled to receive, insurance adjusters are highly trained and are paid to mininmize the insurance companies risk.

David Payne is a Cassville attorney that has handles injury cases all over the Ozarks.

“A jury consists of twelve persons chosen to decide who has the better lawyer.”

Posted by David Payne | Permalink | Email This Post

Posted In: General

Bookmark:

MISSOURI PERSONAL INJURY LAWYER

Three children died after a commerical truck rear-ended the car they were riding in with their mother.

The accident happened on U.S. 63, near Fort Leonard Wood.

18-wheelers and large commercial trucks are extremely dangerous. There are hundreds of people killed on Missouri roads every year as a result of negligent driving of commercial trucks and 18-wheeler.

The children killed were infant Gaberielle J. Miess, 5-year-old Gracey J. Miess and 11-year-old Christel E. Miess, all of Licking, Mo., according to a report from the Missouri State Highway Patrol.

Their car was stopped for road construction when a Freightliner truck hit it from behind.

All three children, who were restrained with proper safety devices, died at the scene, according to the patrol’s report. Miess was taken to a Rolla hospital with serious injuries, and Barton was flown to a Springfield hospital in serious condition and it is unknown.

The 38-year-old truck driver is not believed to have been injured.

Posted by David Payne | Permalink | Email This Post

Posted In: Auto Accidents

Bookmark:

INJURY LAWYER FOR BARRY COUNTY CAR WRECK

Three teenagers were injured in a Barry County car accident when their vehicle ran off the road and overturned. This is from a report of the Missouri Highway Patrol. It is not known whether insurance coverage is available.

West of Exeter in rural Barry County, the wreck happened when a 1995 Chevrolet Blazer driven by Michael Kennedy, 16, of Cassville, traveled off the road. The driver overcorrected, skidded back across the roadway and ran off the road. They hit a ditch and flipped over.

Kennedy suffered injuries and was taken by ambulance to St. John’s Hospital in Cassville.

Dakota Nelson, 15, of Cassville, and Tyrell Nelson, 16, of Exeter, were taken by private vehicle to St. John’s Hospital in Cassville. They were both reportedly wearing seat belts.

Whether your accident was in Barry County , Lawrence County or anywhere else in the Ozarks, you need to speak with an local attorney promptly, it is never too late to get professional advise. Call now or go to mo-injurylaw.com to speak with a Missouri Injury Attorney in Barry County, Missouri about you legal rights.

A lawyer's time and advice is his stock in trade.

Posted by David Payne | Permalink | Email This Post

Posted In: Auto Accidents

Bookmark:

MISSOURI PERSONAL INJURY LAWYER

David A. Payne--Serving Cassville, Monett, Aurora, Mt. Vernon, Republic, Springfield and all towns and counties in Southwest Missouri.

Do I consider State Farm’s yearly profit excessive? No. Well, shouldn't I, am I not an attorney fighting for the little guy? In 2006 their reported profits were $5.6 BILLION!!! Does that change my mind? Nope.

And why should I, or anyone else for that matter, care about their profits? I care about what aspects of this whole circus I can control. Should I care about the manner in which they receive their profits, the manner in which they do business, how fairly they treat claims? ABSOLUTELY!! But if their manner is fair, if they treat claims properly, then I applaud their profit. But, what is "the rest of the story?" Our judicial system allows for good attorneys to get good results.
Missouri plaintiffs’ personal injury lawyers and many from around the U.S. complain about State Farm’s profits surging to $5.6 billion in 2006 — up from $3.2 billion in 2005. State Farm’s CEO received a $5.26 million dollar pay raise last year and is now earning $11.66 million.
Implicit in complaints from plaintiff's lawyers is the idea that State Farm’s low-ball offers and hardball tactics are the reason why their profits are so high and their CEO is overpaid.

I think it is misplaced to expend energy complaining about hardball tactics of the insurance industry. Other than cases were insurance companies are dealing with their own insured, insurance companies should be trying to do whatever they ethically can to decrease payouts. Conversely, it is the job of personal injury and insurance claims attorneys job to do the opposite. As attorneys for the injured are we simply hoping for fair offers? Are we not are trying to get as much as we possibly can for our clients? Are we not ethically required to do so?

We have an adversarial judicial and settlement system that has been in place for a few hundred years and I think it works. It is clearly not a perfect system, it is just the best system and I understand that the system has its own degree of cyclical change.

State Farm and other insurance companies are going to play tough and I would suggest that they have a moral obligation to be good stewards of their money. However, if Missouri personal injury lawyers hold up their end of the bargain and fight, fight, fight, the system will work just fine.

Posted by David Payne | Permalink | Email This Post

Posted In: Insurance Claims

Bookmark:

The scales of justice are tipping out of balance in Missouri. Insurance companies are constantly trying to change laws in order to fatten up their bottom line. Missouri attorneys and others interested in protecting common citizens must fight the battle at every turn.

Recent proposals by Gov. Matt Blunt and other lawmakers will bias the court system heavily in favor of large corporations and the well-to-do and against the interests of
average Missourians and their families.

While disabled Missourians have been stunned by the proposed budget’s Medicaid cuts, legislative leaders want to reduce Missouri’s current cap in medical malpractice cases to $250,000.

Missouri data shows it mainly will affect malpractice victims who have been left dead, quadriplegic or severely brain damaged with terminal diagnoses or the need for lifetime care.
The victims and their families who have huge economic losses do not consider such damage frivolous.

Reducing the non-economic damages cap also will limit acess to the courts if they are the victims of negligent or incompetent health-care providers.

Because the elderly and children have little or no economic “value” in the courts, the smaller
cap will force some good attorneys to turn down virtually all these cases.

Posted by David Payne | Permalink | Email This Post

Posted In: General

Bookmark:

SOUTHWEST MISSOURI CAR ACCIDENT LAWYER-EXPERIENCED, AGGRESSIVE & ZEALOUS

Four Missouri teenagers were seriously injured in a one-car accident Saturday night west of the Crane in Southwest Missouri, the Missouri Highway Patrol has reported. This car accident took place in Stone County, Missouri.

The driver was reported to be Blake Johnson, 15. The passengers were Bevin Dill, 15; Heather Blake 18; and Christina Blake, 16; all of Crane. The four teenagers were taken to Cox South Hospital in Springfield

The report said Blake Johnson was westbound on Dodge Hollow Road, about a mile west of Crane when the car skidded on a curve, overturned and caused all four occupants to suffer serious injuries.

All four were thankfully wearing seat belts and the vehicle they were in was totaled.

David Payne is an experienced personal injury lawyer focusing his practice in Southwest Missouri and the Missouri Ozarks.

Posted by David Payne | Permalink | Email This Post

Posted In: Auto Accidents

Bookmark:

MOTORCYLCE WRECK LAWYER

When motorcycles are in wrecks, almost always the results are serious. A Springfield area lawyer can help victims and their families deal with insurance companies and assist in the process of recovery.

As an experienced accident and injury lawyer working in Southwest Missouri, I have seen the benefit of aggressive and zealous legal representation for those victimized by others negligence. On March 20, 2008 in Greene County, Missouri the Harley-Davidson ridden by Troy Williams, 44, was struck by the SUV driven by Jeffery Wright, 42, three miles north of Springfield.

Williams suffered serious injuries as a result of the accident and was taken to a Springfield hospital for treatment.

Cardin & Payne, experienced accident lawyers, serve Springfield, Republic, Nixa, Ozark, Branson, Aurora, Monett, Cassville, Mt. Vernon, Billings, the Table Rock area and all places in the Ozark Mountain region of Missouri.

You need help and the law offices of David Payne will provide a free, no-obligation phone consultation for you and your family. Don't wait and let the insurance company get the upper hand.

Posted by David Payne | Permalink | Email This Post

Posted In: Auto Accidents

Bookmark:

Missouri car accident victims and their families often face a grueling challenge to recover from the health ramifications after a wreck. They now will be spending time going to doctors, physical therapists, and lawyers instead of going to work and spending time will family. The road to recovery, both from the health aspects and the financial aspects, is long to Missouri car accident victims.

You can call David Payne and get frank and prompt legal advice on how best to deal with your specific situation. Each case is different and that is the approach I take with each case. You will be reminded that personal service is still alive and well her in the Ozarks when dealing will David Payne at mo-injurylaw.com.

In the meantime, take the time to laugh. Here is a video that made me laugh:

Taking clients all over Missouri, including Springfield, Joplin, Willard, Republic, Nixa, Ozark, Branson, Monett, Aurora, Cassville, Mt. Vernon, Greenfield and all places in between in the Missouri Ozarks.

Posted by David Payne | Permalink | Email This Post

Posted In: Lighter Side

Bookmark:

Michael Davis, 40, of Springfield was serisously injuried in Battlefield when William Schroeder's vehicle crossed the centerline and struck Davis on his motorcyle head-on. The wreck ocurred March 20, 2008 in Greene County.

Davis was transported to Cox South Hospital in Springfield.

Schroeder, 77, is insured by Great Southern.

Motorcyle wrecks like this one are often serious and involve many insurance issues. If you or a family member has been injured in a motorcyle wreck or car accident you need to speak with an experienced personal injury at who works with and understands how insurance claims adjusters work in the Missouri Ozarks of Southwest Missouri..

Whether you accident was in Greene County or Lawrence County, you need to speak with an local attorney promptly, but it is never too late to seek advise. Call now or visit mo-injurylaw.com to speak with a Missouri Injury Attorney about you legal rights.

Here are some recommended tips on how to personally improve saftey for all on Missouri roads:

1. All drivers don't "recognize" a motorcycle properly; they ignore it even if usually unintentionally. Always look for motorcycles, especially when at an intersection.

2. A motorcycle may look farther away than you might think it really is. And estimated the speed of a motorcyle can be tough. Alwys predict a motorcycle is closer than it looks.

3. Motorcycles can be easily hidden in a car’s blind spots or masked by objects or backgrounds outside a car (bushes, fences, bridges, etc). Take an extra moment to thoroughly check traffic.

4. Because of its small size a motorcycle may seem to be moving faster than it really is. Don't assume all motorcyclists are speed demons.

5. Motorcyclists often slow by downshifting or merely rolling off the throttle, thus not activating the brake light. Allow more following distance, say 3 or 4 seconds. At intersections, predict a motorcyclist may slow down without visual warning.

6. Turn signals on a motorcycle usually are not self-canceling, thus some riders, (especially beginners) sometimes forget to turn them off after a turn or lane change. Make sure a motorcycle's signal is for real.

7. Motorcyclists often adjust position within a lane to be seen more easily and to minimize the effects of road debris, passing vehicles, and wind. Understand that motorcyclists adjust lane position for a purpose, not to be reckless or show off or to allow you to share the lane with them.

8. Maneuverability is one of a motorcycle's better characteristics, especially at slower speeds and with good road conditions, but don't expect a motorcyclist to always be able to dodge out of the way.

9. Stopping distance for motorcycles is nearly the same as for cars, but slippery pavement makes stopping quickly difficult. Allow more following distance behind a motorcycle because it can't always stop "on a dime."

10. When a motorcycle is in motion, don't think of it as motorcycle; think of it as a person.

Posted by David Payne | Permalink | Email This Post

Posted In: Auto Accidents

Bookmark:

The purpose of the Missouri Injury Attorney Blog is to provide information and discuss matters that will assist those injured in Missouri car accidents, truck wrecks, at work, or any other injury. If you are looking for a lawyer for your accident or injury, call a Missouri Accident and Injury Lawyer TODAY! I have years of experience in dealing with insurance companies and getting the most for my clients.

I will provide to any injured person or family member a free consultation. Call David Payne or visit mo-injurylaw.com today.

Covering Barry County, Dade County, Lawrence County, Newton County, Greene County, Stone County, Taney County, Jasper County, McDonald County, Barton County, Polk County, Cedar County, Ozark County or any where in Missouri.

Failure to plan is planning to fail!! You have once chance at justice, chose wisely!

Posted by David Payne | Permalink | Email This Post

Posted In: General

Bookmark:

David Payne is an experienced insurance and auto accident lawyer serving the Ozarks!

What happens elsewhere in the U.S. can and does have a profound effect on what car insurance will cost in Missouri. A recent conflict concluded with the powerful Allstate to cut California auto insurance rates 15.9%. A Insurance Commissioner ordered Allstate to reduce prices more steeply than the company had wanted.

Allstate, which covers about 1 of every 10 insured cars in California and also many in Missouri, has been ordered to cut its automobile rates by 15.9% -- an average of $124 per car.

While this is not a Missouri case it will have some eventual effect on Missouri insurance rates, this what happened in one Insurance matter.

Years of experience as an injury attorney in Missouri has led me to believe that a constant battle goes on to make sure Insurance companies treat people fairly and within the framework of the law.
This case will only help Ozarkers and Missouri residents by keeping rates from rising simply at the whim of corporate greed.

Insurance consumers deserve a competitive marketplace in which to shop for the best rates and coverage that meets their needs.

Allstate's reduction is the latest in a series of rate cuts by dozens of automobile insurance companies since 2006. After losing a protracted court challenge, the insurance industry began complying with regulators' requirements.

Allstate had requested permission to lower its rates by 7.1% as part of the settlement process. The department's rate-setting formula calculated a 19.4% reduction was needed.

Allstate contends that it is being unfairly treated in being forced to cut rates by a larger number than other insurance companies.

Score another one for the good guys.

Posted by David Payne | Permalink | Email This Post

Posted In: Insurance Claims

Bookmark:

Visit mo-injurylaw.com to learn more about what to expect after a car wreck in Southwest Missouri.

Joshua Slatten, 21, died in a wreck on Missouri roads on March18, 2008 in Greene County on US Highway 65, 5 miles north of Springfield. The accident occurred when the the two drivers' vehicles hit nearly head-on. The 2007 Kenworth tractor trailer driven by Robert Christian, 32, hit head-on with the MoDot truck being driven by Mr. Slatten.

Investigation of the wreck is still on going.

This accident results in the 25th fatality for 2008 on Missouri roads per the accounts of the Missouri State Highway Patrol.

Thoughts and prayers go out the the family of Mr. Slatten.

When the time is right, the Slatten family would greatly benefit from talking with an experienced personal injury attorney. The legal issues from this fact scenario are complicated and a trusted advisor is imperative.

Posted by David Payne | Permalink | Email This Post

Posted In: Auto Accidents

Bookmark:

If you have been in a car accident, now is the time to call and get advice. An experienced personal injury attorney can help you through the often difficult legal issues that stem from a car wreck, work injury, or any injury where medical treatment is necessary.

When you call and speak with me (David Payne), you will get prompt, professional advice. My passion is helping people that have been injured in the Missouri Ozarks of Southwest Missouri. While my offices are in Cassville and Shell Knob on Table Rock Lake, I accept and handle cases all over Southwest Missouri. I have experience with helping clients in Springfield, Joplin, Cassville, Monett, Aurora, Mt. Vernon, Republic, Branson and many places all over the Ozarks.
Visit mo-injurylaw.com to find out more about what to expect after a car wreck, work injury or any other injury. I provide a free, no cost, no obligation conference to all folks injured and interested in finding out more about the process.

Dealing with injuries is tough. Dealing with insurance companies after an injury, car accident, or other loss is grueling and time consuming. By hiring an experienced personal injury attorney, the attorney can focus on the insurance issues and the injured party can focus on their family and their recovery.

Posted by David Payne | Permalink | Email This Post

Posted In: General

Bookmark:

Too many times drug corporations make decisions that hurt people. Too many times people are misled into making decisions that negatively effect their health based upon lies from the drug companies. Product liability law allows injured people to sue in many instances. Sadly, even when held financially responsible in court, the victims are not made whole due to the impact on their health. This is a recent drug case were product liablity law helped injured people.

Cardin and Payne law firm helps people who have been injured in these circumstances. Helping Southwest Missouri residents is personally rewarding for the lawyers in our firm. We represent people all over the Ozarks including: Springfield, Joplin, Monett, Aurora, Mt. Vernon, Neosho, Cassville, Republic, Marionville and Branson.
Recent news reports state OSI Pharmaceuticals Inc. expects to pay $500,000 out its own pocket to settle a class-action lawsuit related to the Tarceva lung-cancer drug OSI sold. OSI's settlement amount is aproximately $9 million and the terms of the settlement are subject to court approval.

This drug class action settlement stems from a lawsuit alleging that OSI had made false and misleading statements about Tarceva's potential to increase survival from lung cancer.

If you have been injured due to prescription drug, call an experienced injury attorney now.

Posted by David Payne | Permalink | Email This Post

Posted In: Verdicts & Settlements

Bookmark:

This is a recent Missouri car accident. On March 12, 2008 at approximately, 7:50 a.m. in Barton County, Missouri, several people were injured when, according to the Missouri State Highway Patrol, one car crossed the center line and struck two other vehicles. This is a classic example of when hiring an experience personal injury attorney is necessary.

Gary Carter, 64, sustained moderate injuries and was taken to Mt. Carmel Hospital in Kansas. Raymond Canet, 81, is believed to have serious injuries and was transported to St. Johns Hospital in Joplin, Missouri.

Summer Gepford, 30, suffers from moderate injuries and was also taken to Mt. Carmel for treatment.

Additionally, all three cars are considered a "total" loss. There are at least two separate insurance companies involved.

I am an experienced personal injury attorney who has dealt will insurance companies in cases just like this one. I offer a free, no-obligation phone call to anyone seeking help after a car wreck or any other serious injury. Whether the accident occurs in Joplin, Springfield, Mt. Vernon, Monett, Cassville, Republic or any where in the Missouri Ozarks--please call or contact me for help.

Please speak with an attorney before discussing settlement with the insurance company in your case.

Posted by David Payne | Permalink | Email This Post

Posted In: Auto Accidents

Bookmark:

Whether your case is in Springfield, Cassville, Monett, Republic or anywhere in the Missouri Ozarks, the value of you case will vary depending on the specific facts of your case. One particular such element is the actual value of other cases that have tried to a court or when they settle. Whether in Greene County or Barry County, Missouri, the value of your case will depend on how well others do when they go to court. This is what happened in one wrongful death case.

A federal jury awarded the family of a boy who filed a wrongful death lawsuit against police and awarded the relatives a record $28 million. The jury said Troopers Samuel Nassan and Juan Curry acted intentionally when the boy was shot Christmas Eve 2002.

The jury deliberated for four days before reaching their verdict.

The $28 million appears to be the largest award ever granted against state police. The boy died of a gunshot wound that severed his spine and sliced through major arteries around his heart.

His father filed the lawsuit stating police used unreasonable force on his unarmed son.

This is another example of how "We the people" (through the jury system) place a great deal of value on life.

Posted by David Payne | Permalink | Email This Post

Posted In: Verdicts & Settlements

Bookmark:

<strong>David Payne is an experienced accident and injury lawyer working in Southwest Missouri with offices in Cassville and Shell Knob on Table Rock Lake.

Here is another video that makes me laugh.

My law office, Cardin & Payne, handles car wrecks and insurance claims and offers anyone who has an insurance claim a free, no obligation consultation. Contact me to speak with an experienced insurance claim lawyer today.

Posted by David Payne | Permalink | Email This Post

Posted In: Lighter Side

Bookmark:

"Cardin & Payne Attorneys serve injured people from all over the Missouri Ozarks"

<strong>CAR WRECK AND INJURY LAWYERS IN MISSOURI

A Tort Reform package is being heard today by the Missouri House Judicial Committee. This is the type of law that needs stopped.

This bill is ill advised whereas it proposes numerous unfair changes to Missouri law, specifically chapter 407 and includes a Daubert requirement for all tort cases as well as for the Affidavit of Merit in medical malpractice cases. I have attached a one-page fact sheet on this Tort Reform bill.

The House Judiciary Committee will hear the bill at Noon today. Tony DeWitt with Bartimus, Frickleton, Robertson & Gorny in Jefferson City is scheduled to testify against the bill.

Injured people need more help in their pursuit to recover, not more roadblocks that lend an uneven hand in the judicial process to the insurance industry.

Posted by David Payne | Permalink | Email This Post

Posted In: General

Bookmark:

"Good Legal Representation in Missouri and the Ozarks--David Payne is the right lawyer for your injury case!!"

Too many times in life we fail to allow a healthy dose of humor into our daily challenges. As a personal injury attorney, I deal with clients and families that are dealing with great adversity, both from the physical pain of their injuries and the financial hardship of their lost income and increased medical costs.

My intention is to use my blog to provide a good laugh from time to time.

My law office, Cardin & Payne, handles car wrecks and insurance claims and offers anyone who has an insurance claim a free, no obligation consultation. Contact me to speak with an experienced insurance claim lawyer today.

I hope you enjoy this video:

Posted by David Payne | Permalink | Email This Post

Posted In: Lighter Side

Bookmark:

"Branson Injury Attorney--David Payne-Experience and Power"

AUTO ACCIDENT LAWYER FOR SOUTHWEST MISSOURI

On March 2, 2008 in Taney County, Missouri, Jackie Clark and Marray Muraskin were drivers involved in a serious car accident on U.S. Highway 65 south of Branson. Per the accounts of the Missouri State Highway Patrol, the accident happened as Muraskin was attempting to cross the 4-lane highway.

The MSHP listed the injuries to Marray Muraskin and his passenger, Margaret Muraskin, as serious. Both were taken to hospitals in Springfield, Missouri.

Carolyn Taylor was the passenger in the vehicle driven by Jackie Clark and was transported from the scene to Skaggs Hospital in Branson with injuries classified as minor.

My law office, Cardin & Payne, handles car wrecks and insurance claims and offers anyone who has an insurance claim a free, no obligation consultation. Contact me to speak with an experienced insurance claim lawyer today.

Posted by David Payne | Permalink | Email This Post

Posted In: Insurance Claims

Bookmark:

"Power, Persuasive, Persistent--David Payne Personal Injury Lawyer for Barry County and Southwest Missouri"

On March 4, 2008 in Barry County, Missouri, Patricia Lyons and Greg Chandler were drivers involved in a rear-end car wreck. The passenger of Patricia Lyons vehicle, her mother, Marie Shelley, has since died due to complications from the wreck.

The accident occured on Missouri State Highway 37 between Cassville and Monett. Both Ms. Lyons and Ms. Shelley were air-lifted to St. Johns in Springfield.

The Missouri State Highway Patrol investigated the accident and has stated Ms. Lyons' injuries to be severe.

Our thoughts and prayers go out to the family.

My law office, Cardin & Payne, handles car wrecks and insurance claims and offers anyone who has an insurance claim a free, no obligation consultation. Contact me to speak with an experienced insurance claim lawyer today.

Posted by David Payne | Permalink | Email This Post

Posted In: Auto Accidents

Bookmark:

AUTO ACCIDENT ATTORNEY FOR BARRY COUNTY, LAWRENCE COUNTY, GREENE COUNTY, CHRISTAIN COUNTY

"Missouri Personal Injury Lawyer"
So, you find yourself involved in an accident and you have yet to hire a personal injury lawyer when the insurance company calls and wants a statement. They will be ready to record your phone conversation very soon after the accident. Whether it is your insurance company or the insurance company of the other driver, it is risky to give a statement and an experienced personal injury attorney can advise as to the best approach.

I generally advise my clients to give these recorded phone statements, but I make sure I'm present. There are just too many ways your words can be used by the insurance company to limit your recovery. Its possible the insurance company will attempt to deny your claim.

Whether the adjuster is calling from an office in Springfield, Joplin, Columbia, Kansas City, St. Louis or even out-of-state, adjusters are working for the insurance companies. The insurance companies employ highly trained adjusters who are paid to minimize your claim. That's why you need an experienced personsal injury lawyer to help you in your Missouri Car Accident.

Posted by David Payne | Permalink | Email This Post

Posted In: Auto Accidents

Bookmark:

Whether in Springfield or Barry County, from Mt. Vernon to Joplin, constitutional rights follow us everywhere. If you or a loved one has had a run in with law enforcement where your rights were trampled, call an attorney now.

"Civil Rights Attorney Dedicated to Protecting Our Rights--David Payne will fight for you!"

Posted by David Payne | Permalink | Email This Post

Posted In: General

Bookmark:

Not all injury cases need an lawyer for the injured person to be fairly settled. Not all cases require a lawyer. However, sound advice for every injured victim is to at least talk with an experienced personal injury attorney in ever case.

"Auto Accident & Injury Lawyer--David Payne will fight for you."

Most all personal injury lawyers offer free consultation with no obligation to the client. Almost all lawyers will give advice during a free consultation that will allow the client to make an "informed decision" about whether to hire a lawyer for their injury case. It is not uncommon for a free consultation to occur over the phone.

Bottom line: a quick phone call to an experienced personal injury attorney (no cost, no obligation) should happen in ever injury case.

Whether your injury occurred in Springfield or Cassville or Monett or somewhere in the middle of nowhere Ozark's holler, an experienced personal injury attorney will most likely speak to you about case.

A personal injury attorney can help you plan how to handle your case.

Posted by David Payne | Permalink | Email This Post

Posted In: Auto Accidents

Bookmark:

"David A. Payne is dedicated to protecting the rights of injured Southwest Missourians"

EXPERIENCED PERSONAL INJURY LAWYER Call now for a free, no-obligation phone call with David Payne.

The entire process is summed up in one word: documentation! An experienced personal injury lawyer will make sure the documentation reviewed by the insurance adjuster will be credible and fully justify the money sought for settlement.

Whether you handle the claim yourself or by hiring a lawyer, the insurance company is only going to pay based upon what documentation is in their file. Documentation is the insurance companies' way of saying "prove it." An injured person teamed with an experienced personal injury attorney then must begin the process of "proving" the claim.

First, to document the other driver's fault (their insured driver's fault), you'll need documents such as: police & highway patrol accident reports, photo's of the scene & cars, statements from witnesses, etc.

Second, to document your money loss, you'll need documents such as: certified medical bills, certified medical records, employment/income records for lost wages, etc.

Once all documentation is provided, the claimant asks the insurance company to pay based upon what documentation has been provided. This is done through a statement of Demand for Payment. If the insurance adjuster fairly responds the case may be settled at this stage.

After weeks of review, the insurance company responds with a specific Offer of Settlement. Then the claimant responds with either an acceptance or, almost always, a counter Demand for Payment--additional documentation can be supplied by the claimant at any time.

The insurance adjuster will usually increase the offer to the point where they declare a final offer, but if an offer is never accepted by the claimant, then a lawsuit is the only way to resolve the conflict. While the initial claims process often comes before a lawsuit is filed, not always. Many times, a lawsuit is filed with our prior negotiations.

With a lawsuit, the documentation takes the form of pleadings, discovery responses, depositions, trial exhibits, and trial testimony.

Posted by David Payne | Permalink | Email This Post

Posted In: Insurance Claims

Bookmark:

In Missouri, virtually all car accident and personal injury cases are handled by lawyers working on a contingency basis. At the very beginning of the attorney/client relationship, the lawyer's fee will be determined with a signed, written agreement between the client and the lawyer.

"David Payne will take care of your injury case--Experienced Personal Injury Lawyer"

Such agreements generally state that the client will owe NO FEE if the lawyer fails to obtain any money for the client. Only if money is collected does a fee for the lawyer kick in. You can expect the lawyer's fee to be between 25-40% of what is collected. I would suggest that a lawyer fee of 33% is the most common.

Don't forget to discuss who will be responsible for the costs the attorney incurs in your case. The agreement can state that the client won't be responsible for costs is no fee is recovered, too. However, some lawyers will ask for client's to be responsible for costs regardless of the outcome.

Whether the adjuster is calling from an office in Springfield, Joplin, Columbia, Kansas City, St. Louis or even out-of-state, adjusters are working for the insurance companies. The insurance companies employ highly trained adjusters who are paid to minimize your claim. That's why you need an experienced personsal injury lawyer to help you in your Missouri Car Accident.

This is how it would work if a case settled for $50,000 with the attorney earning a 1/3 fee and incurring $300 in costs. The attorney would take $16,888 for his fee and get reimbursed the $300 with the rest going to the client. Of course, if the attorney were to fail to get any recovery for the client the lawyer would get no fee.

Read the agreement the attorney is asking be signed. Make sure to ask lots of questions before you consider signing the agreement and hiring your lawyer.

Posted by David Payne | Permalink | Email This Post

Posted In: Auto Accidents

Bookmark: