Missouri Injury Attorney Blog

My Grandpa Joe is definitely "Old School." He is slow to come around to "modern" theories, including theories of safety. One particular example, the need for seat belts. Auto accident attorneys see all too frequently the dangers of not wearing a seat belt. But every once in awhile he will hear about someone surviving a car wreck that was not wearing a seat belt and THAT is what saved them. These examples re-enforces his ideology. But those are few and far between.

Experienced personal injury lawyers know seat belts save lives and limit the severity of the injuries.

As a rancher, Grandpa Joe knows that anything can happen, that you can't control what you can't control and that ultimately playing the odds is the way to go. When playing the odds, choosing to buckle up is the "smart" way to go.

Compared with a 1,300 to 1 chance when wearing a seat belt, a person has a 31 to 1 chance of dying in a car wreck when not buckled up. Now, Grandpa...where should the smart money be played?

Recently in one Missouri county, Jefferson County, there have been seven crashes with fatalities since March 29, 2008. The crashes all have one common thread: the eight who died were not wearing seat belts.

A recent study posted the National Highway Transportation Safety website showed that 55 percent of the nation's fatalities ages 16 and older were people not wearing a seat belt. Wow, that is a number to take note of.

Reports of the Missouri State Highway Patrol (MSHP) showed that of the drivers of cars, trucks, vans and motor homes killed in 2006 in Missouri, only 29.2 percent were wearing their seat belts. Only 30 percent of the passengers killed were buckled up. The big number is that the data shows that 96 percent of people wearing a seat belt escaped with little or no injury.

According to the MSHP, those who don't buckle up have a one in four chance of being injured and a one in 31 chance of being killed. For those who wear seat belts, the odds jump to a one in 1,300 chance of a fatality.

Furthermore, the advent of air bags has fooled some people into thinking seat belts are no longer necessary.

That's simply not true. Air bags will help keep you stationary in a front or side impact crash, but air bags will not keep you from being ejected during a roll-over. People need to use their seat belts whether their cars are equipped with air bags.

The MSHP's 2006 statistics show people involved in roll-over crashes, only 3 percent of those ejected were wearing seat belts and 51 percent of those partially ejected were wearing seat belts.

People, including my beloved Grandpa Joe, argue wearing a seat belt if their car catches on fire or goes into the water would be a bad idea. This argument doesn't hold water--pardon the pun. While it's true a seat belt is probably not going to save someone from being killed if they're hit by a train, less than 1/2 of 1 percent of accidents result with a fire or in the water.

Again, proof positive that the smart money is on wearing a seat belt. Play it smart, strap on your seat belt and encourage you loved ones to do the same.

Keep it safe out there!

Posted by David Payne | Permalink | Email This Post

Posted In: Advice for the Injured

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A recent article in the Springfield News-Leader discusses the importance of good and proper communication with your doctor and other health care providers. As a personal injury attorney in Missouri, I have so advised my clients for years that complete and direct disclosure of all pains, symptoms and concerns is a MUST to maximize the benefits from health care. Responsibity and accountability are key words I focus on when preparing a client's claim. I argue that the other party must be responsible and accountable for what they did to cause the injury.

Likewise, a lawyer's client's must too be responsible and accountable for getting healthy once fate has given they this unexpected twist. In order to be responsible for yourself and your family, good communication is critical. Lack this one crucial skill, you may get lousy medical care.

"The old technique of having a conversation is 99 percent of what a successful doctor's visit is about," says Peter Salgo, a doctor and professor at Columbia University in New York and host of the PBS medical series "Second Opinion."

On the flip-side, doctors who don't listen, don't answer questions or don't remember their manners, is a reality and a reality the I advise my client's on.

Of course, communication is a two-way endeavor and patent's have the ultimate at-stake (their health) and therefore must be assertive.

That's why growing numbers of patient advocates are teaching patients what to say, how to say it and when to listen during those precious few minutes in a doctor's office. WOW, what wonderful advice I wish all of my patients would follow. As an injury lawyer, I advocate for my clients and advise my clients. My advice, if followed, will often create facts and documentation that serve an advocate well in achieving satisfactory results.

An experienced attorney at Cardin & Payne Law Firm can help you through the jungle of claims adjusters, investigators, doctors, bills, paperwork and the multitude of other issues as you recover from injury. Call now and get the help and advise you and your family need.

I look forward to speaking directly with you about what I can do to help.

Posted by David Payne | Permalink | Email This Post

Posted In: Advice for the Injured

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Call an experienced lawyer for a no-obligation, no-cost consultation if you are considering a wrongful death claim. An attorney may be able to help. When a family member or loved one is killed by someone else's negligent act or acts, surviving family members may pursue a wrongful death claim and certainly may have mixed feelings about making a monetary claim for the death. Certainly no amount of money, nor a judge or jury can bring your loved one back to life. That type of recovery can't be had. However, a monetary award is the only way civil law can hold wrong-doers responsible, compensate for the death, and penalize the party at fault.

Personal Injury Lawyer ~ David A. Payne

Valuation of every wrongful death claim is affected by many specific factors, including disputed issues of liability, contributory negligence, comparative negligence, assumption of risk, and proximate causation. Every wrongful death case is different and there is no certainty of value in the claim until money is recovered.

A surviving spouse has the right to sue for wrongful death in Missouri. If there is no surviving spouse, the right to seek compensation goes to surviving children.

If there is neither a spouse nor child surviving, then the decedent's parents have the right to sue under Missouri law.

In addition to the wrongful death claim for the full value of the life, the family has a claim for the decedent's medical and funeral expenses, and for pain and suffering before death. In the appropriate but limited circumstances, punitive damages may be awarded in connection with such a survival action where the worst behavior is exhibited.

Within the requirements of Missouri law, survivors can choose to put a monetary award for wrongful death to any good use, whether to support a family deprived of the breadwinner, to educate children, or to fund a charity in the memory of the deceased.

The laws governing wrongful death actions, evidence and procedure in other states may differ significantly from well settled Missouri law. Each and every case is unique. If the events and parties causing a death involve more than one state, a good lawyer will try to consider all the options with regard to choice of law and choice of the court in which a case should be filed in order to optimize you chances of success.

When appropriate, lawyers occasionally associated with local counsel and/or obtain limited admission from other states' bar associates to practice (pro hac vice), in order to litigate individual wrongful death cases in states other than Missouri.

Posted by David Payne | Permalink | Email This Post

Posted In: Advice for the Injured

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Common Mistakes Honest People Make After an Auto Accident or Injury

In any situation in life, there exists many possible ways in which to make a mistake. My son has a favorite saying when trying anything new: If you can't make a mistake, you can't make anything. Any lawyer that has tried a case to a jury knows that mistakes are part of the landscape. The key is to avoid the big mistakes and limit the mistakes to situations where the mistakes can be fixed. Here are five common mistakes accident victims make that hurt their cases and can and should be avoided:

#1 Thinking the insurance company and their investigators, adjusters, and lawyers are on your side and looking out for you best interest. Wrong!! Many honest Missourians project their sensibilities onto those in the insurance business. Not that I am bashing the insurance industry on this point. The insurance companies have a clear mission: MAKE MONEY! The truth is, insurance companies want to limit your financial recovery and try to keep you from hiring a lawyer. Why? Simply put, to save themselves money. They know if you get a lawyer you are more likely to get full compensation for your injuries and that you will end up with more money in your pocket than if you did not hire a lawyer. Remember this: Insurance companies make more money when they pay you less money.

#2 Putting off seeking the advice of an experienced personal injury lawyer is another mistake. My law firm will give you advice regardless of whether we take or case. By seeking a consultation the attorney/client relationship is formed and we look out for you and your family whether you hire us, another attorney or go at it alone. It is better to talk with a lawyer and not hire one, then to seek no advice and stumble through your one chance to obtain some kind of justice.

#3 Not getting necessary and needed treatment for your injuries. I have heard many reasons why people who are really injured in an accident don’t get medical treatment and I understand the financial burden and time constraints. Maybe you can’t afford it, maybe you don’t have time to get to the doctor’s office, but not getting treatment prevents you from healing and that hurts your family more in the long run.
Not getting appropriate treatment also hurts your case. Insurance companies often argue that if you did not get treatment you must not have been hurt. Please go to your doctor and discuss the full details of your injuries.

#4 Not telling your doctor about all of your medical problems. Doctors are like lawyers in many ways in that they need all the information available to make the best decisions to help you. I would never advice my clients to keep information from me, their lawyer. Accordingly, I advise my clients to tell all to their doctors and other health care providers.

#5 Giving a recorded or informal statement, signing a release or allowing the insurance company to get your medical records and bills without FIRST consulting with a lawyer. Many insurance companies will tell you that you must give them a recorded statement or they will not be able to settle your case. This is SIMPLY FALSE. The insurance company for the driver that hit you has no right to a recorded statement and is only trying to get your statement so that they can use it to serve their best interest and remember what that is: to pay you less so they can keep more!

Contact David Payne Attorney for more advice on how to handle your accident claim and protect your rights.

I look forward to hearing from you!

Posted by David Payne | Permalink | Email This Post

Posted In: Advice for the Injured

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