February 22, 2010

Toyata Recall: Lawyer Tells How He See Things

Hey, what is the the BIG deal, they were just trying to save a buck...well, $100 Millions bucks actually...reports of deaths connected to sudden acceleration in Toyota vehicles have surged in recent weeks, with the toll of deaths allegedly attributed to the problem reaching 34 since 2000.

Toyato and other auto manufacturers are ultimately legally responsible if their products are unsafe. Thousands of people continue to be harmed every year as a result of corporations making decisions based upon what goes in their pocket and not the ultimate safety of the citizens using their products. Well, money is the root of all evil, right?

In an internal presentation last year, Toyota officials claimed they saved over $100 million by delaying safety regulations, avoiding defect investigations and slowing down other industry requirements. Not to shabby, well, deplorable reall. The story is--Toyota saved $100 million by successfully negotiating with the government on a limited recall of floor mats in some Toyota and Lexus vehicles, according to new documents shared with congressional investigators.

The documents could set off alarms in Congress, and with Plaintiffs' lawyers, over whether Toyota put profits ahead of customer safety and pushed regulators to narrow the scope of recalls. The answer is most certainly: YES.

The world's largest automaker has been widely criticized for responding painfully too slow to complaints of sudden acceleration in its vehicles.

Toyota said in a statement, and you tell me if this is honest, or an honest attempt at spin: "Our first priority is the safety of our customers and to conclude otherwise on the basis of one internal presentation is wrong. Our values have always been to put the customer first and ensure the highest levels of safety and quality."Toyota_Logo_silver_svg.png

Please call DAVID PAYNE LAW to answer all questions regarding a case you might have.

Be safe out there!







February 8, 2010

MO Rear-End Collision Leaves Illionois Man with Severe Injuries

According to the Missouri State Highway Patrol, William H. Pridemore, 51, of Quincy, Illinois was taken to the hospital after he was hit from behind by a 2007 Mack dump truck on the morning of December 28, 2009.

This commercial trucking accident transpired on Missouri Highway 6, about two miles east of Kirksville, when the 2003 Freightliner van, driven by Pridemore, was stopped and attempting to turn left when he was struck in the rear by the Mack truck, driven by Edwin E. West, 48, of Kirksville. The van then traveled off the right side of the roadway and came to a rest. Pridemore was then transported by ambulance to Northeast Regional Medical Center with serious personal injuries.

The dangers of 18-wheeler and large commercial trucks are prevalent in that drivers of smaller, commuter vehicles who are involved in accidents with these large trucks are likely to suffer serious personal injuries such as broken bones, brain and spinal cord damage, or even death. On the other hand, the drivers of these large trucks often walk away from these crashes unscathed.

Negligence on the part of large truck drivers is unacceptable and they, along with their employers, must be held accountable for their actions. Missouri 18-wheeler accident attorney, David Payne, will be glad to review your claim if you or a family member has suffered personal injuries or death due to the negligence of large truck drivers.

Contact David Payne anytime at 417.847.7516 for a free consultation and an outline of your legal rights and options.

Below are some statistics provided by the Missouri Department of Transportation.18_wheeler_250x251.jpg

• In 2007, there were a total of 72,155 crashes that involved passenger cars in Missouri.
• The percentage of these crashes that resulted in fatalities was about 0.06 percent.
• In 2007, there were a total of 5,052 crashes that involved 18-wheeler and large trucks.
• The percentage of these crashes that resulted in fatalities was about 2.0 percent.

As you can see from the statistics above, 18-wheeler and large truck accidents are nearly four times more likely to result in fatalities than accidents involving passenger cars. These accidents can often be life changing for the persons involved and their families.

Based on the Missouri State Highway Patrol’s accident report, it appears that the driver of the dump truck failed to slow down or didn’t see Pridemore as he was attempting to turn. If that was the case, both the truck driver and his employer could be held liable for the accident and the injuries that resulted from the crash.

This particular accident could have happened because the truck driver was careless and didn’t slow down. The 18-wheeler truck’s brakes could have failed. Or the truck driver could have been distracted. All of these are the most common causes of large truck accidents in the United States.

If you or a loved one has suffered personal injuries or death in an accident where an 18-wheeler or large truck was involved, you would be well-advised to contact experienced Missouri 18-wheeler accident attorney, David Payne, who will help determine who should be held responsible.

February 4, 2010

I-55 MO SUV Rollover Accident Leaves Two Girls With Serious Personal Injuries

An Interstate 55 SUV rollover accident in Pemiscot County leaves two Chesterfield girls, ages 8 and 12, with serious personal injuries, according to a crash report from the Missouri State Highway Patrol.

On the afternoon of Tuesday, December 29, 2009, Alexis D. Federer, 17, of Chesterfield, Missouri, was northbound at the one mile marker when her 2004 Cadillac Escalade ran off of the left side of the highway and overturned. Federer did not suffer any injuries, but two younger passengers were taken by air to Lebonheur Children’s Hospital in Memphis, TN with severe injuries.

Please keep these two girls in your thoughts and prayers as we wish them the best in a full and quick recovery.

According to the Missouri State Highway Patrol there were 102 fatalities in Missouri in the year 2007 due to the vehicle overturning. There were 2,081 rollover accidents that resulted in the occupants receiving personal injuries. Out of the 3,535 rollover accidents in Missouri, about 62% percent of those resulted in victims receiving personal or fatal injuries.

Based on the information from the highway patrol’s report, it appears that Federer lost control of her vehicle causing the SUV to veer off the roadway. There is no indication that she was speeding, fatigued, or under the influence of drugs or alcohol.

The question appears to be why did she lose control of her Cadillac Escalade? Was there a mechanical problem or a defective auto product that caused this rollover crash? Did a dangerous condition on the highway cause it? Was she run off the road by another vehicle?

In cases where negligence or wrongdoing is involved by another party, the families of injured and deceased auto accident victims would be able to file a claim that seeks compensation for things such as:

•Funeral costs
•Medical costs
•Loss of earnings
•Other cost relating to the accident

Families of victims in cases like these would be prudent to consult with an experienced Missouri SUV rollover lawyer at David Payne. David will analyze all aspects of the accident and pinpoint the cause. If it was a defective auto product that was responsible, the auto manufacturer could be held liable for the accident and the resulting injuries. If a dangerous road condition was the cause, then the government agency responsible for maintaining the roadway would be held liable.

Contact David Payne Law anytime at 417.847.7516 for a free, no-obligation consultation.

David Payne will lay out your legal rights and advise you on the best options regarding your claim.

January 20, 2010

Yaz, Yasmin and Ocella Lawsuits Brewing

When a woman has suffered serious personal injuries, including the symptoms listed below, by taking Yaz, Yasmin, or Ocella, product liability lawyers at David Payne Law are critical to obtaining the justice they deserve. Attorneys can assist women and their families in getting the compensation they need in order to recover and move forward with their lives. In a products liability claim against a drug manufacturer, women who have suffered serious injuries or death from taking a drug can potentially recover:

• Medical Costs
• Loss of wages
• Funeral Costs
• Compensation for pain and suffering.

Earlier this month, numerous Yaz, Yasmin, and Ocella lawsuits have arose and been consolidated in one Philadelphia court. Hundreds of plaintiffs have brought claims against the manufacturers of these three oral contraceptives, Bayer Healthcare and Barr Laboratories Inc., after experiencing health problems allegedly caused by consuming the drugs. Litigation here has been consolidated for the sake of efficiency, as more lawsuits are expected to be filed in the coming year.

In this Philadelphia litigation, defense attorneys are asking for plaintiffs to complete questionnaires providing information about their history of birth control use, to aid in acquiring proper and efficient evidence. Plaintiffs’ attorneys have been hesitant to meet this demand, arguing that asking plaintiffs to reveal their birth control history would divulge too much personal sexual information, which might cause them to drop their claims. Thankfully for the plaintiffs, the judge appears skeptical of the defendants’ request and has indicated a commitment to protecting their privacy. The judge has asked the opposing parties to meet and come to a consensus about what types of questions will be allowed on the questionnaire, and which questions will be excluded in order to protect the plaintiffs’ privacy.

Yaz, Yasmin, and Ocella contain a “fourth generation” progestin called drospirenone and carry a 6.3 times increased risk of deep vein thrombosis or pulmonary embolism, according to the British Medical Journal in August of 2009. Compared to using some other types of oral contraceptives, pills containing drospirenone carry about a four times greater risk of health problems that include:Yaz%20Pic.jpg

•Blood clots
•Deep vein thrombosis (DVT)
•Pulmonary embolism
•Gallbladder disease
•Gallstones
•Heart attack
•Stroke

If you or a loved one has suffered side effects, including the ones listed above, and believes they resulted from taking the oral contraceptives Yaz, Yasmin, or Ocella, contact attorney David Payne.

Call David Payne anytime at 417.847.7516 for a free and comprehensive consultation.

January 12, 2010

I-55 Head-On Collision Results in Four Fatalities

Four people perished and three others suffered serious personal injuries as the result of an Interstate 55 fatality accident that occurred in the early hours of Sunday, December 27, 2009 in Pemiscot County near the southbound 8.4 mile marker, according to a report from the Missouri State Highway Patrol.

If you or a loved one has suffered personal injuries or death due to the negligence of another party out on our Missouri roadways, you would be well-advised to consult with Missouri auto accident attorney at David Payne Law. David will examine all aspects of your case to outline the best path of legal action.

This I-55 head-on collision took place as a northbound Cadillac Escalade, driven by Leon Cash, 57, of Rockford, Illinois, crossed the median and struck a southbound GMC Yukon, driven by Howard M. Gilliland, 60, of Memphis, Tennessee. Both Cash and Gilliland suffered fatal injuries as a result.

Vontina A. Gilliland, 27, and Felecia R. Reeves-Gilliland, 52, also of Memphis, TN were pronounced dead at the scene by Pemiscot County Coroner Jim Brimhall. Maxine Cash, 56, of Rockford, IL, was the other passenger in the Escalade and was taken by air to the Elvis Presley Trauma. Two other male passengers in the Yukon, ages 5 and 7, were taken to Lebonheur Children’s Hospital in Memphis.

My heart goes out to the families of Leon Cash, Howard Gilliland, Vontina Gilliland, Felecia Reeves-Gilliland and Leon Cash who were tragically killed in this Missouri auto accident. I offer condolences to their loved ones. Please keep them in your prayers.

Also, please keep Maxine Cash and the two young boys in your thoughts and prayers as we wish them the best in a quick and complete recovery.

While on the road, drivers are required under law to exercise "reasonable care under the circumstances." If a driver fails to use reasonable care, then there is negligence involved. Whether they are speeding, drunk, distracted, or very fatigued, negligent drivers put themselves and others at risk out on the road.

In cases where the driver does not exercise reasonable care, the injured parties would be eligible to receive compensation that can cover the following:

• Medical expenses
• Loss of wages
• Cost of physical therapy
• Other damages relating to the accident

In almost all cases, there is an insurance company that is responsible for all, if not a portion, of the injuries resulting from their insured driver's negligence. If the at-fault driver lacks car insurance or sufficient insurance coverage, then the family of the deceased or injured victims might be able to acquire benefits from the uninsured or under-insured motorist clause in the victim’s car insurance policy.

Experienced auto accident attorney David Payne will guide victims and their families through this legal process.

Contact David Payne at 417.847.7516 for a free consultation on your auto accident claim.

January 8, 2010

Yaz & Yasmin Update: Severe and Deadly Side Effects

Yaz and Yasmin are popular oral contraceptives, linked to serious personal injuries, that have been prescribed to millions of women around the nation and in Missouri. Besides assisting to prevent pregnancies, these drugs are also supposed to treat moderate acne and premenstrual dysphoric disorder (PMDD).Missouri personal injury attorney, David Payne, will give you a free and confidential evaluation of your Yaz or Yasmin claim. While consultations involve no obligation by a prospective client to hire David Payne Law, a phone call or in-person meeting will fully outline your rights and any paths of legal action you may have.

The packaging on Yaz and Yasmin mention side effects, including hair loss, breast pain, depression, and urinary tract infection. While these side effects must not be overlooked, there are more serious, even life threatening, side effects that can result from taking Yaz and Yasmin that include:

• Blood clots
• Deep vein thrombosis (DVT)
• Pulmonary embolism
• Gallbladder disease
• Gallstones
• Heart attack
• Stroke

Please feel free to contact David Payne anytime at 417.847.7516.

Yasmin poses a higher risk for blood clots because of the fact it blends ethinyl estradiol (estrogen) with a progestin called drospirenone. This combination has been found to increase the chances of blood clots by more than six times as much than in women who do not take any type of oral contraceptive.

A blood clot that forms within a deep vein is called deep vein thrombosis (DVT). It usually forms in the lower half of the body, but it can occasionally form in the arms or chest. Blood clots and DVT can seriously impair your circulation, but can lead to life-threatening injuries or death if a piece of the clot (embolus) breaks loose and travels upstream toward your heart and lungs.

When the embolus reaches a pulmonary artery and becomes lodged within it, it can prevent blood from reaching your lungs. This is a pulmonary embolism and can lead to permanent lung damage or death.

Traveling blood clots can also prevent oxygen-rich blood from reaching the heart, which can cause a heart attack or permanent heart damage. If the embolus lodges within an artery that supplies blood to the brain, you can also become highly at risk for a stroke. Strokes happen after the brain has gone more than three or four minutes without oxygen and can lead to blindness, paralysis, speech problems and memory loss.

Recent studies also revealed that Yaz and Yasmin can increase the level of cholesterol in your body. The higher cholesterol content can find its way into the bile stored within your gallbladder, which leads to gallstones. There is also a concern that Yaz and Yasmin reduce gallbladder contractions. This causes inflammation known as acute acalculous gallbladder disease. The most common solution to these problems is to surgically remove the gallbladder, which results in serious side effects in itself.

If you or a loved one has suffered side effects, including the ones listed above, and believe they resulted from taking the oral contraceptives Yaz or Yasmin, contact attorney David Payne.

David has the experience you need fighting for you!

January 7, 2010

Defective Dorel Car Seat/Carrier Recall

When it comes to the safety of children, nothing is more important. This can be ensured by holding companies to a high standard of producing and marketing safe products. Defective children’s products attorneys at David Payne Law are representing victims and their families in order to get the peace of mind they deserve.

The U.S. Consumer Product Safety Commission (CPSC), the National Highway Traffic Safety Administration (NHTSA) and Dorel Juvenile Group announced on December 18, 2009 the recall of 447,000 infant car seat/carriers.

When used as an infant carrier, the child restraint handle can become loose and fall off. This poses a fall hazard for infants and is unacceptable. Dorel has already received numerous reports of this occurring and resulting in serious injuries.

The recalled products were sold between January 2008 and December 2009 and include:
• Safety 1st Sojourn Travel System
o Model # - 22-057 DBY, 22-085 DWA, 22-057 CLN, 22-057 HRT, 22-322 HRR, 22-322 PTK, 22-057 LPH, 22-085 LYN
• Safety 1st Eurostar Travel System
o Model # - 22-322 KDL, 22-322 LXI, 22-322 OLY, 22-322 PRS, 22-322 MAI, 22-325 COB, 22-095 RBK
• Safety 1st Lite Wave Travel System
o Model # - 22-380 LGA, 22-380 MSA
• Safety 1st Vector Travel System
o Model # - 22-627 WAV, 2-325 PAC
• Cosco Sprint Travel System
o Model # - 22-300 FZN, 22-300 OSF, 22-300 CSF, 22-300 JJV, 22-30 THD, 22-300 TWD
• Disney Propack Travel System
o 22-627 AWF, 22-355 LBF, 22-305 NAB, 22-305 PPH, 22-355 PWK
• Eddie Bauer Adventurer Travel System
o 22-627 CGT, 22-627 FRK, 22-627 SNW, 22-WPR
• Eddie Bauer Endeavor Travel System
o 22-627KGS, 22-655BYTE

The model number and manufacture date are located on the side of the car seat/carrier. These seat/carriers were sold in a travel system. The stroller portion of this system is not affected by this recall.

If a loved one you know has suffered serious personal injuries or death due to a defect or malfunction in a product, please contact a Missouri product liability lawyer at David Payne Law.

Contact David Payne anytime at 417.847.7516 for a free and confidential phone consultation.

January 6, 2010

Holiday ATV Accident Leaves Southwest MO Man with Serious Injuries

A Missouri ATV accident that took place over the holiday weekend sent a Morrisville man to the hospital with serious personal injuries.

According to a report from the Missouri State Highway Patrol, on December 26, Charles G. Webster, 39, was riding an Arctic Cat ATV on a county road about 1 mile south of Morrisville. Webster ran off of the right side of the roadway, overcorrected, ran off the left side of the roadway and overturned. He was then airlifted to St. Johns Hospital in Springfield.

If you or a loved one has been seriously injured or killed due to a defective ATV, please contact David Payne Law for a free and comprehensive consultation regarding your legal options.

Missouri ATV accidents can cause serious personal injury or even death. It is very important that riders of all-terrain vehicles wear proper safety devices such as seat-belts and helmets. According to the U.S. Consumer Product Safety Commission (CPSC), there were about 750 deaths and 146,600 injuries due to ATV accidents in the United States in 2006.

All-terrain vehicle accidents can occur because of many different reasons that include:

• Driver error
• Driver inattention
• Driving under the influence of drugs or alcohol

On the other hand, ATV crashes frequently occur because of a manufacturing or design defect. If this is the case, then the manufacturer could be held liable for compensation that covers things such as medical bills, loss of wages, or in the worst case, funeral costs. If Mr. Webster’s ATV had ran off the roadway and/or overturned due to a defect, he would be eligible to receive compensation for his losses and damages.

If you believe that you have been seriously injured in an ATV accident because of a product malfunction, you would we well-advised to consult with an experienced Missouri product liability lawyer at David Payne Law.

Contact David Payne Law anytime at 417.847.7516 to review your case.

January 5, 2010

One Dies and Several Suffer Serious Injuries in Missouri Car Wreck

One Fulton woman parishes and five others suffer serious personal injuries in a Missouri fatality accident on the evening of December 16, 2009, according to a report from the Missouri State Highway Patrol. In almost all cases, there is an insurance company that is responsible for all, if not a portion, of the injuries resulting from their insured driver's negligence. If the at-fault driver lacks car insurance or sufficient insurance coverage, then the family of the deceased or injured victims might be able to acquire benefits from the uninsured or under-insured motorist clause in the victim’s car insurance policy.

If you or a loved one has suffered personal injuries or death due to the negligence of another party out on our Missouri roadways, you would be well-advised to consult with Missouri auto accident attorney David Payne. David will examine all aspects of the case to find out who was at fault and outline the best legal path.

This accident occurred just south of Auxvasse at the intersection of US Highway 54 and State Road T in Callaway County. Here, Tyler W. Wilson, 20, of Mexico, MO was crossing US 54 on State Road T and struck a westbound 1991 Ford van, driven by Fredtonya M. Rodgers, 41, of Fulton, MO. The van then ran off the right side of the roadway and overturned. Rodgers, Jamie L. Jaegers, 30, of Troy, MO and Michelle R. Lee, 38, of Fulton, MO were ejected from the vehicle.

Rodgers, Jaegers, Martha J. Krampe, 39, of Williamsburg, MO, Cynthia A. Hopkins, 51, of Columbia, MO and Martha A. Gardner, 64, of Jefferson City, MO, all of the van, were transported to the University of Missouri Hospital in Columbia with serious injuries. Lee was pronounced dead at the hospital later that evening.

Wilson was transported to Audrain Medical Center with minor injuries.

While on the road, drivers are required under law to exercise "reasonable care under the circumstances." If a driver fails to use reasonable care, then there is negligence involved. Whether they are speeding, drunk, distracted, or very fatigued, negligent drivers put themselves and others at risk out on the road.

In cases, like the one above, where the driver does not exercise reasonable care, the injured parties would be eligible to receive compensation that can cover the following:

•Medical expenses
•Loss of wages
•Cost of physical therapy
•Funeral expenses
•Other damages relating to the accident

Families with deceased loved ones may also be eligible to receive compensation with a wrongful death claim.


Contact David Payne at 417.847.7516 for a free consultation on your auto accident claim.

January 3, 2010

Yaz and Yasmin - Linked to Serious Personal Injury

The makers of Yaz and Yasmin still continue to defend their product as more and more evidence is accumulating that these birth control pills cause serious personal injuries and even death. There have been numerous cases filed against the makers of these pills and even reports of 50 Yaz and Yasmin-related deaths between 2004 and 2008.

If you or a loved one has experienced health problems, including the symptoms listed below, and have recently consumed Yaz, Yasmin or Ocella, contact a product liability lawyer at David Payne Law.

Missouri defective drug attorney, David Payne, will give you a free and confidential evaluation of your Slim-Fast® claim. While consultations involve no obligation by a prospective client to hire David Payne Law, a phone call or in-person meeting will fully outline your rights and any paths of legal action you may have. woman-fingers-pill-220.jpg

Yasmin is a birth control pill that was brought to the market in 2001 by Bayer Healthcare. A second contraceptive, Yaz, hit the hands of consumers in 2006. The generic brand of these pills is Ocella, which is manufactured by Barr Laboratories Inc. They are combination oral contraceptives COCs, meaning that they contain an estrogenic and progestational component that work together to suppress ovulation, fertilization and implantation and thus prevent pregnancy.

Birth control pills have been linked to a higher risk of blood clots, heart attacks and strokes since their introduction in the 1960s. Since then, pharmaceutical companies have continually developed newer versions of COCs to lower these associated risks. Yet, in this process, Bayer and Barr have produced an oral contraceptive that contains a new progestin, drospirenone, which is just as dangerous.

Studies done before the FDA approval of Yaz, Yasmin and Ocella indicate that drospirenone has certain effects that are different than those of traditional progestins and potentially more dangerous. Specifically, drospirenone raises potassium levels in the blood, which can lead to hyperkalemia. This condition causes heart rhythm disturbances like extrasystolies, pauses and bradycardia. Hyperkalemia disrupts the normal rhythm of the heart and the flow of blood through the heart can be slowed to the point of forming blood clots. Blood clots can lead to heart attacks and strokes.

In addition, Yasmin and Yaz contain chemical properties similar to diuretics, which reduce water retention and bloating. However; excessive loss of body fluids can lead to dehydration. Severe dehydration can also increase the risk of blood clots and kidney disease by making blood thicker, which causes constriction and the narrowing of blood vessels.

Call David Payne anytime at 417.847.7516 for a free and comprehensive consultation.

December 31, 2009

Update: Slim-Fast® Recall - Lawyer For Free Consultation

As "New Years’ resolution" dieting is upon us, dieters seeking that fix-all diet or wanting to lose some of those added holiday pounds will not be doing so with Slim-Fast® Ready-to-Drink Shakes. The manufacturers of these shakes, Unilever United States Inc., have issued a massive recall because of a serious bacterial contamination linked to food poisoning.

If you or a loved one has experienced health problems, including the symptoms listed below, and wonder if it is related to contaminated Slim-Fast®, contact a product liability lawyer at David Payne Law.

Missouri personal injury attorney, David Payne, will give you a free, no-obligation and confidential evaluation of your Slim-Fast® claim.

Even though the company states the chances are “remote,” this contamination should not be taken lightly. Bacillus cereus is a micro-organism linked to symptoms including:

• Nausea
• Vomiting
• Diarhea

FDA spokesperson, Rita Chappelle, recently said the recall affects ten million cans distributed in the United States. Also the recall applies to all Slim-Fast® Ready-to-Drink shakes, regardless of flavor, best-by-date, lot code or UPC number. Individually sold cans, as well as those sold in packages of four, six or 12, are also included.

While the company is still in the process of identifying and correcting this serious contamination, this is not the first recall Unilever has had. Back in February of 2009, three Slim-Fast® bar products were recalled due to salmonella-contaminated peanuts. Certain shakes were also recalled back in 2000 due to gastrointestinal illness.

If you or a loved one has experienced severe side effects from taking Slim-Fast® shakes or any other dietary supplement, you would be well-advised to contact a Missouri defective drug attorney at David Payne Law, LLC.

Please do not hesitate to call David Payne anytime at 417.847.7516 for a free and comprehensive consultation.

December 30, 2009

MoDOT Responsible for Fatality in Tractor-Trailer Accident

Jemma Dant, 28, of St. Louis, died in December 2005 when an 18-wheeler truck hit her vehicle and forced it into another truck on I-44 near St. Louis, MO.

If you or a loved one has been injured or killed due to the negligence of another on Missouri’s roadways, contact auto accident attorney David Payne. He has the experience you need to help you through all the aspects of your accident and take one more step in keeping our roadways safe.

A panel has just recently ruled that the Missouri Department of Transportation (MoDOT) must claim responsibility. The panel was ordered to pay $1.3 million to the family of Jemma Dant because of the fact that they failed to give enough warning of the halted traffic on the Interstate.

The attorney representing Dant’s family stated, “The whole argument is that if you (MoDOT) just would have warned the motorists of the traffic backup, the crash wouldn’t have occurred. If there’s going to be something unexpected on a highway, you have to warn people about that.”

Auto accident victims who are injured by a negligent driver can receive compensation that covers the following:
• Medical expenses
• Loss of wages
• Cost of physical therapy
• Other damages relating to the accident

Trucking%20Picture.jpg

A skilled auto accident attorney at David Payne Law will also look into whether a dangerous road condition could have contributed to the accident, like in the case of Jemma Dant. If that was the case, then the government agency responsible for maintaining that particular roadway could be held liable for damages, as well.

Call David anytime at 417.847.7516 for a free, no-obligation consultation.

December 29, 2009

Holiday Recall: Vicks Liquicaps

Winter has come upon us once again along with sniffles, sneezes and sickness. Because of this, consumers are purchasing more supplements and medicines to assist them in overcoming these symptoms. In turn, consumers shouldn’t have to worry whether supplements or medicines they purchase are safe to take or if they have the proper warnings and labels. Yet, all too often, unsafe medicines land in the hands of consumers and lead to serious personal injuries and even death.

Recently, Proctor & Gamble has recalled about 700,000 packages of Vicks Dayquil Cold & Flu 24-Count Bonus Pack Liquicaps. These packages contain acetaminophen and are not child-resistant. Nor do they have required label that provides the statement, “This Package for Households without Young Children,” as required by the Poison Prevention Packaging Act.Vicks.jpg

If swallowed, this medicine can cause serious health problems to a child or even death if several capsules are swallowed. This cannot be tolerated and companies must be held accountable for providing a product that is unsafe or does not provide the proper warnings.

Missouri defective drug attorneys at David Payne Law will provide peace of mind to their clients coupled with aggressive and zealous legal representation in order to acquire the compensation they deserve.

Victims and families of those who have suffered serious injuries or death to a defective drug are eligible to receive compensation that covers the following:
• Medical costs
• Hospitalization costs
• Cost of physical therapy
• Funeral costs
• Loss of wages

If you or a loved one has experienced personal injuries or death due to a defective drug, please contact personal injury attorney David Payne to discuss your options and legal rights.

Contact David Payne anytime at 417.847.7516 for a free and confidential phone consultation.

December 23, 2009

Slim-Fast® Recall Tops 10 Million

Earlier this month, Unilever United States Inc. and the US Food and Drug Administration (FDA) announced the massive recall of about 10 million Slim-Fast® ready-to-drink shakes because of serious bacterial contamination.

If you or a loved one has experienced health problems, including the symptoms listed below, and wonder if it is related to contaminated Slim-Fast®, contact a product liability lawyer at David Payne Law.

Missouri personal injury attorney, David Payne, will give you a free, no-obligation and confidential evaluation of your Slim-Fast® claim. While consultations involve no obligation by a prospective client to hire David Payne Law, a phone call or in-person meeting will fully outline your rights and any paths of legal action you may have.

The products are packaged in paperboard cartons and contain four; six or 12 steel cans that are 11 fl oz. (325 mL) each. Individual cans are also sold in certain retail stores. These products may have been contaminated with Bacillus cereus, which is a micro-organism that is linked to:slim_fast_mkw.jpg

• Nausea
• Diarrhea
• Vomiting
• Other serious adverse health issues

Bacillus cereus is responsible for about two percent of all food borne illnesses, according to the U.S. Centers for Disease Control and Prevention (CDC). Numerous, recent reports indicate that the illness resulting from consuming these shakes comes within 24 hours after exposure and can cause diarrhea. Serious illness and permanent injury have also occurred.

A list of the recalled products is available on the FDA website.

According to Unilever officials, the company has ceased production of Slim-Fast ready-to-drink cans until the source of the contamination can be identified and corrected.
Slim-Fast® powdered shakes, meal bars, or snack bars are not affected by this recall.


Please feel free to contact David Payne anytime at 417.847.7516.

November 16, 2009

Tire Tread Separation Leads To A Blowout and Serious Injury On I-55

A Missouri defective tire/SUV rollover crash leaves two victims with serious personal injuries.

A 1999 Chevrolet Tahoe, driven by Rodney D. Todd, 38, of Coldwater, Mississippi, had a tire blow-out on Interstate 55 about three miles north of Steele, MO. The Tahoe ran off of the right side of the highway and overturned. Todd was taken to Pemiscot Memorial Hospital with serious injuries. The occupant, Timothy A. Webster, 18, of Washington, Indiana, was air-lifted to Elvis Presley Trauma Center in Memphis, Tennessee with severe personal injuries.

It is very fortunate that there weren’t any fatalities in this Missouri defective tire accident. I wish both the victims the very best for a quick and complete recovery.

A tire blow-out is one of the scariest things that can happen to a driver on the roadway. Tire tread separation at highway speeds can often cause the vehicle to overturn, like the Tahoe in this case. Rollover accidents are known for causing tragic injuries or even death.

This is a classic case of a defective tire and tire tread separation, which caused the Ford Explorer to travel off of the road and overturn. Dealing with defective tire cases, we are beginning to see more cases of tire failure due to a manufacturing or design defect long before the tread on the tire has deteriorated.

If a defective tire is proved to be the result of a manufacturing or design defect, then the injured parties would have a claim against the tire manufacturer for injury and damage compensation that include:

•Medical expenses
•Loss of wages
•Cost of physical therapy
•Funeral costs
•Mental stress and trauma
•Other damages relating to the accident

If you live in Missouri and you or someone you care about has been the victim of an auto accident caused by a defective tire, please contact David Payne Law to schedule a free and confidential consultation with an experienced defective tire attorney.

Contact David Payne at 417.847.7516 to discuss your legal rights and the options you have regarding your claim.

October 12, 2009

Highway 65 SUV Rollover/Tire Blow-Out Accident Results In Fatal Injuries - Wrongful Death Claim

The Missouri State Highway Patrol (MSHP) has identified a Missouri man who died in a US-65 rollover accident as Stephen P. Bullock. According to a report from the MSHP, Bullock, 35, of Brighton, was traveling southbound on US Highway 65, about two miles north of Springfield, when his 2001 Ford Explorer suffered a tire blow-out. Bullock lost control, ran off of the roadway, and overturned several times. He was pronounced dead at the scene by Assistant Greene County Medical Examiner David Brown.

My heart goes out to the family of Stephen Bullock who was tragically killed in this Greene County rollover accident. I offer my deepest condolences to his loved ones. Please keep them in your prayers.

Tire failure, or tire tread separation, are among the most common auto product defects that can cause drivers to lose control of their vehicles. During a blow-out, it is very common for the driver to lose control of the vehicle and it is tough, even for skilled drivers, to correct the situation.

According to the National Highway Traffic Safety Administration (NHTSA), about 10,000 people die every year in rollover accidents across the U.S.

Get in touch with a reputable Missouri defective tire accident attorney at David Payne Law, LLC, who will be able to help determine whether the defective tire was the cause of the accident. The vehicle and the tire must be preserved in their current conditions so they can be looked over for evidence of defects and/or malfunctions.

If you live in Missouri and you or someone you care about has been the victim of an auto accident caused by a defective tire, please contact David Payne Law to schedule a free and confidential consultation with an experienced defective tire attorney.

Contact David Payne at 417.847.7516 to discuss your legal rights and the options you have regarding your claim.

September 30, 2009

MO ATV Crash Leaves Webster Co. Woman With Serious Personal Injuries

A Seymour woman was seriuosly injured in a Missouri ATV accident on July 9, according a report from the Missouri State Highway Patrol.

Lisa M. Jones, 37, of Seymour, was driving her 2008 Polaris all-terrain vehicle southbound on Skyline Road north of Seymour when it began to slide. Jones was ejected from the vehicle and was airlifted to St. Johns Hospital in Springfield with serious personal injuries.

As ATV popularity continues to rise, so does the occurrence of accidents involving them. Because of their unstable design, these vehicles, sometimes weighing more than 700 pounds, easily overturn. If you include this with uneven surfaces and highway speeds, it is easy to see why ATV-involved accidents are on the rise.

The annual total of accidents involving ATVs increased nearly 180 percent between 1995 and 2004, according the U.S. Consumer Product Safety Commission (CPSC). Young children below the age of 16 accounted for almost one quarter of all ATV-related deaths and one third of ATV-related injuries that include brain and spinal cord trauma.

As a result of hazardous designs and manufacturing defects, people have suffered countless injuries and deaths because of accidents that involve ATVs. Victims and their families of these accidents might be eligible to receive compensation for the following:

•Medical expenses
•Funeral expenses
•Loss of wages
•Pain and suffering
•Other damages that relate to your accident

If you or a loved one has been injured and killed as a result of an accident involving an ATV, we highly recommend you to contact an experienced Missouri ATV accident attorney at David Payne Law. David will seek compensation you deserve and outline your legal options.

Contact David Payne at 417.847.7516 anytime for your free initial consultation.

September 28, 2009

Ozarks Woman Is Seriously Injured In An Branson Rollover Crash

Wendi D Piemonte, 33, of Branson West, MO suffered serious personal injuries in a Missouri SUV rollover accident, according to a report from the Missouri State Highway Patrol.

On the afternoon of July 14, 2009, was westbound on Rolling Acres Road south of Branson West when her 2005 GMC SUV ran off of the roadway and overturned. Piemonte was then taken to Skaggs Regional Medical Center.

I wish Wendi the best towards a quick and complete recovery.

Thousands of Americans die every year in rollover accidents. According to the National Highway and Traffic Safety Administration (NHTSA), at least one quarter of traffic accident fatalities occur in rollover crashes. Auto manufacturers are continuing to make vehicles with weak roofs that can easily cave in and crush the passengers inside. This can result in disastrous injuries to the brain and spinal cord or even death.

In this Missouri rollover accident, it's not clear what caused Piemonte to run off the roadway. An experienced rollover accident attorney, David Payne, would look into whether there was a mechanical problem or motor vehicle defect involving the GMC that may have caused this Missouri rollover accident.

If this car accident was caused by some type of defective product, then the car maker could be held liable for the personal injuries that it caused. This compensation would include the following:

•Medical expenses
•Funeral expenses
•Cost of medication
•Hospitalization and long-term care
•Loss of wages
•Other damages resulting from the accident

If you suspect your personal injuries are a result of a defective car or a car product defect, please contact experienced Missouri rollover accident attorney David Payne at 417.847.7516 to find out more information about your legal rights and options. The best personal injury attorneys always offer a free and comprehensive consultation to injured victims and/or their families.


September 23, 2009

Evenflo Recalls Children's Toy Telephones - Choking Hazard

Evenflo, a popular manufacturer of baby and child products, has recalled some of its toy telephones due to a choking hazard, according to the Consumer Product Safety Commission (CPSC). Families of children, who have suffered serious personal injuries due to a defective toy or other children's product, should contact an experienced personal injury attorney at David Payne Law.

On July 16, 2009, Evenflo recalled about 25,000 of its Switch-A-Roo Telephone Toys. A mirror decal on the front of the toy can peel away which can cause a potential choking hazard. This recall includes Switch-A-Roo phones manufactured between October 2008 and June 2009.

This product was sold at children’s stores nationwide, including Toys ‘R Us, for about $8.

For additional information on this recall, you can contact Evenflo at 800.233.5921 or at safety.evenflo.com.

Defective toys, such as this, could cause serious injuries or death to babies and small children. It is important to keep in mind that in any product liability case, the manufacturer of the product can be held liable when:phone.jpg

•The product’s design is unsafe and poses a hazard
•The manufacturer fails to make the product in accordance with specific safety guidelines
•The manufacturer fails to give any or adequate warnings of risks that arise when using their product
•The manufacturer does not give clear or complete instructions to reduce the risk of injury from the potential use of the product.

If you or a loved one has suffered personal injuries or death because of a defective children’s product, you are well-advised to contact a Missouri product liability attorney at David Payne Law, LLC. David can help you receive compensation for your injuries and reimbursement for repairs and/or replacements of products.

Contact David Payne anytime at 417.847.7516 for a complimentary, no-obligation consultation. David will outline your legal options and advise you in the direction that will best benefit you.

September 19, 2009

Two Missouri Men Were Seriously Injured In MO-32 Semi Truck Collision

Two gentelmen suffered serious personal injuries in a Missouri 18-wheeler accident on July 14, according to a report from the Missouri State Highway Patrol.

Mark L. Mickel, 43, of Matthews, MO, was traveling westbound on Highway 32 in a 1996 International truck when he crossed the center line and hit a 2005 Chevrolet Uplander, driven by Stephen K. Nixon, 62, of St. Louis, MO. Mickel went off the left side of the road and hit a tree. Nixon went off the right side and overturned. Both men were taken to St. Genevieve County Hospital with minor personal injuries.

So many of these accidents result in serious injuries and death, but luckily this Missouri commercial truck accident resulted in only minor injuries for the persons involved. 18-wheeler.jpg

I wish the best for these two gentlemen in their recoveries.

Although there were less large truck-related accident deaths in 2008 (4,229) compared to 2007 (4,822), too many Americans continue to perish in 18-wheeler and large trucking accidents. Although some of these accidents do not occur at the fault of the truck driver or trucking company, there are still steps that they can take to prevent accidents.

Steps that truck drivers can take include, but are not limited to, the following:

•Do not drive when fatigued
•Always check your blind spots
•Stay a safe distance behind other vehicles
•Properly maintenance your truck
•Reduce your speed in work zones
•Frequently inspect your truck
•Properly secure your cargo
•Practice defensive driving
•Always get plenty of rest before driving

If you or a loved one has been injured or killed in a Missouri 18-wheeler and large truck accident, please contact an experienced Missouri injury attorney at David Payne Law. David will properly investigate the evidence, assess your injuries, and pursue the maximum recovery that you deserve.

Contact David Payne at 417.847.7516 anytime for a free and comprehensive consultation.

September 10, 2009

Update On Interstate 44/OK 18-Wheeler Accident - Wrongful Death

The June 28 seven-vehicle pile-up that took place on the Will Rogers Turnpike left 10 people wrongfully dead and marked Oklahoma’s 32nd fatal 18-wheeler accident, according to a recent OKNews article.

Seven federal investigators from the National Transportation Safety Board, along with local investigators, looked through the remains of one of Oklahoma’s deadliest highway crashes. Capt. Craig Medcalf of the Oklahoma Highway Patrol (OHP) determined that the tractor trailer was roadworthy and its brake pads were in good condition.

"In an accident of this magnitude, everything’s going to be closely looked at,” Medcalf said.

The truck’s driver, Donald Creed, 76, of Willard, MO, could face up to 10 negligent homicide charges, Ottawa County District Attorney Eddie Wyant said.

The 18-wheeler is owned by Associated Wholesale Grocers (AWG) of Kansas City, KS. According to the Federal Motor Carrier Safety Administration (FMCSA), AWG has a satisfactory rating. The FMSCA’s records show no problems with the company’s drivers and they have an above-average-out-of-service-rate, which is how frequently the trucks have been taken off of the road after a safety threat is found.

On the afternoon of the crash, Larry Smith, of Tulsa, OK, was stuck in traffic on I-44, along with his wife, granddaughter, and one of her friends, on their way to Branson to celebrate his granddaughter’s birthday.

Smith’s wife, Marcella, heard the crash. “All of a sudden we heard this pow-pow-pow there. There was no horn. No screeching. No anything,” said Marcella.

The OHP determined that Creed was in “apparently normal” condition with no sign of drug s or alcohol and he was not using a cell phone.

A cruise-control device revealed that Creed’s truck was traveling at 71 mph at the time of the crash, Horton said. The speed limit on that stretch of the turnpike is 75 mph.

"We actually interviewed truck drivers that were immediately behind him, they all were able to detect the backup so they started backing off and slowing down,” said Patrol Captain Scott Horton. "He just pulled away.” Troopers saw no signs or evidence of braking by Creed, continued Horton. "No skid marks,” he said. "We didn’t see any visible signs of braking.”

“While Creed was within federal daily driving limit requirements, fatigue could have played a factor in the crash,” Horton said. “It will be at least a month before a report will be ready to turn over to prosecutors,” he added

Clayton Boyce, vice president of public affairs for the American Trucking Association, offered condolences to the victims’ families. Little can be said until after the investigation is complete, he stated.

Families in which loved ones have perished or suffered personal injuries due to an 18-wheeler accident, like this one, would be well-advised to retain the services of experienced Missouri 18-wheeler accident attorney, David Payne. David Payne Law will help determine the facts of the case, identify the negligent parties, and attempt to hold them responsible.

Where negligence or wrongdoing is involved, families of deceased traffic accident victims are able to file a wrongful death claim. Such a claim compensates the victim’s families for the death of their loved one that may have been caused by the negligence of another party.

Contact David Payne at 417.847.7516 for a free, no obligation consultation. David will outline your legal rights and the options you have regarding your claim.

August 30, 2009

Southwest MO Man Is Seriously Hurt In Motorcycle Crash Near Joplin

A Webb City gentleman was seriously injured in a Jasper County motorcycle accident on Tuesday, July 21, according to a report from the Missouri State Highway Patrol.

Sean D. Gaines, 20, was southbound on County Road 230 about a half a mile north of Webb City when a northbound 2003 Chevrolet, driven by Laura R. Hoog, 45, also of Webb City failed to yield to Gaines while making a left turn off the roadway. Hoog collided with Gaines in the southbound lane. Gaines was then taken by ambulance to Freeman West Hospital in Joplin, MO with serious personal injuries.

According the MSHP, there were a total of 2,396 motorcycle-involved accidents in Missouri in 2007. In these accidents, a total of 2,068 people suffered personal injuries and 91 people lost their lives.

My heart goes out to this injured victim. I hope that Sean makes a quick and complete recovery. Please keep him in your thoughts and prayers.

Families, like that of Sean Gaines, would be well-advised to contact an experienced Missouri motorcycle accident attorney like David Payne. David will fight for your rights and determine whether negligence or reckless driving on the part of the vehicle caused the collision.

In cases, such as this one, where negligence or wrongdoing is involved, victims and their families could receive compensation from the party at fault for things that include, but are not limited to the following:

•Medical costs
•Funeral costs
•Loss of wages
•Cost of physical therapy
•Emotional suffering
•Other expenses relating to the accident

Call David Payne at 417.847.7516 anytime for a free and comprehensive consultation.

August 26, 2009

A Highway 96 Crash Near I-44 Leaves An Ozarks Woman Dead After Her Ford Explorer Overturned

A MO-96 SUV rollover accident in Lawrence County leaves a Carthage woman with fatal injuries, according to a crash report from the Missouri State Highway Patrol.

On the morning of Wednesday, July 22, Leslie D. Laney, 48, was westbound on Missouri Highway 96 about five miles west of Halltown when her 1999 Ford Explorer ran off of the left side of the road. She overcorrected, ran off the right side of the highway and overturned. Laney was pronounced dead at the scene be Deputy Coroner Scott Lakin.

My deepest sympathies are extended to the loved ones of Leslie Laney. Please keep them in your thoughts and prayers.

This makes the 57th fatality for Troop D in 2009.

According to the Missouri State Highway Patrol there were 102 fatalities in Missouri in the year 2007 due to the vehicle overturning. There were 2,081 rollover accidents that resulted in the occupants receiving personal injuries. Out of the 3,535 rollover accidents in Missouri, about 62% percent of those resulted in victims receiving personal or fatal injuries.

Based on the information from the highway patrol’s report, it appears that Laney lost control of her vehicle causing the SUV to veer off the roadway. There is no indication that she was speeding, fatigued, or under the influence of drugs or alcohol.

The question appears to be why did she lose control of her Ford Explorer? Was there a mechanical problem or a defective auto product that caused this rollover crash? Did a dangerous condition on the highway cause it? Was she run off the road by another vehicle?

In cases where negligence or wrongdoing is involved, then the families of deceased auto accident victims would be able to file a wrongful death claim that seeks compensation for things such as:

•Funeral costs
•Medical costs
•Loss of earnings
•Other cost relating to the accident

Families of victims in cases like these would be prudent to consult with experienced Missouri SUV rollover lawyer David Payne. David will analyze all aspects of the accident and pinpoint the cause. If it was a defective auto product that was responsible, the auto manufacturer could be held liable for the accident and the resulting injuries. If a dangerous road condition was the cause, then the government agency responsible for maintaining the roadway would be held liable.

Contact David Payne at 417.847.7516 anytime for a free, no-obligation consultation.

David Payne will lay out your legal rights and advise you on the best options regarding your claim.

August 22, 2009

Defective Medications Reaching Missouri Consumers Can Lead To Severe Injury And Even Death

Every day we consume millions of pills, supplements, and other medications with the comfort that they are safe to take and that they are doing their job. However, there is an increasing rate of defective medications being prescribed to consumers and released on the market. And if these medications are defective, then they could cause serious injuries or death.

The responsibility of the manufacturers of drugs is to produce a safe product for the consumer to help increase their quality of life. Their obligation is to design, test, manufacture, and distribute their product properly. The manufacturers of these defective products can be held responsible if their defective medication makes it onto the market.

If you or a loved one has experienced personal injuries or death due to a defective drug, please contact personal injury attorney David Payne to discuss your options and legal rights.

Some recent defective drugs include, but are not limited to, the following:

•BEXTRA – This is a popular painkiller, also known as Valdecoxib, and it is used by millions of Americans to relieve symptoms of acute arthritis and painful menstrual cycles. Bextra may double the risk of heart deaths, heart attacks, and strokes.
•CELEBREX - The results of December 2004 study first showed and later studies confirmed the potential for heart attacks, strokes, and even death more than doubled when patients took Celebrex, or Celecoxib.
•CONCERTA – Concerta is a central nervous system stimulant that is commonly used to treat Attention Deficit Hyperactivity Disorder (ADHD) in young children, has recently been called into question after the FDA released data showing a link between ADHD medicatio use and a risk of sudden death.
•CRESTOR - Crestor, or Rosuvastatin, is a popular cholesterol-lowering drug. The drug poses a greater risk of renal (kidney) failure and serious adverse muscle effects. Patients taking Crestor have suffered from liver damage, kidney damage, and other organ failure. Some cases have even led to death.
•ELIDEL - Elidel was initially approved by the FDA in 2000 for use in adults and children two years of age and older. However, the FDA recently requested a label change for Elidel following a public health advisory warning of the potential risk for cancer.
•EPOGEN – Epogen, also known as epoetin alfa, is an anti-anemia drug used in treatment of patients who have had kidney failure or transplants. Epogen has been linked to deadly side effects in cancer and other patients that include heart failure, stroke, and even death.
•FOSAMAX – Fosamax is a drug that is used to increase bone density, reduce bone fractures, and prevent and/or treat osteoporosis. Fosamax, which is manufactured by Merck & Company, has recently been linked to cases of osteonecrosis of the jaw. This rare condition involves the loss, breakdown, or deterioration of the jaw bone, commonly leading to serious infection and fractures that require long-term care to correct. This condition is irreversible.
•HRT - PremPro and other hormone replacement therapies (HRT) increase incidents of breast cancer, heart attacks, and strokes.
•METHAZOLAMIDE - Methazolamide is a sulfa-based drug, manufactured by Wyeth-Ayerst, that is used to treat Glaucoma and various kinds of tremors. There have been numerous reports of people developing the rare skin disorder, Stevens Johnson Syndrome (SJS), after taking Methazolamide.
•ORTHO EVRA - Since the FDA's approval of the Ortho Evra birth control patch in April 2002, nearly 4 million American women have started using the alternative contraceptive. However, to date, there have been over 9,000 reports of adverse events following the use of the patch, including nearly 20 confirmed reports of death caused by blood clots, pulmonary embolisms, heart attacks, and strokes.
•PAXIL – Paxil, also known as Paroxetine HCL, is a drug commonly used for the treatment of depression, panic disorders, obsessive compulsive disorders, and social anxiety disorders. Paxil has been shown to increase the pulmonary birth defects in children of mothers taking Paxil during pregnancy. Paxil, despite the lack of FDA studies or approval for use in minors, was the second most prescribed antidepressant in the United States prior to a number of teenage suicides linked to the drug.
•PERMAX – Permax, or Pergolide, was recalled from the market in March 2007 after being prescribed to patients for nearly 20 years. Permax, a Parkinson’s disease treatment, causes heart valve damage in patients who are taking the drug.
•PROTOPIC - Protopic was originally approved by the FDA in 2000 for use by adults and children ages two years and older. However, the FDA recently requested a label change for Protopic following a public health advisory to healthcare professionals warning of the potential risk of cancer.
•RITALIN – Ritalin, methylphenidate hydrochloride, is a common medication used by millions of American children and adults to treat Attention Deficit Hyperactivity Disorder (ADHD). The safety of the drug has been called into serious question after the FDA released a report detailing 25 deaths and 54 serious cardiovascular problems as a result of methylphenidate use.
•SEROQUEL - Seroquel, an antipsychotic drug, includes many life-altering side effects including the movement disorder, neuroleptic malignant syndrome (NMS), and an increase in suicidal tendencies. Seroquel can cause death from heart failure or infection in elderly people suffering from dementia.
•TRASYLOL - Trasylol is used to prevent too much blood loss during heart surgery. A recent national study has found that the drug may be linked to serious complications involving kidney failure and heart problems. The study found that Trasylol increases the risk of heart failure and heart attack by nearly 55%.
•ZELNORM – Zelnorm, also known as tegaserod maleate, is prescribed for Irritable Bowel Syndrome and constipation. Zelnorm was recalled earlier this year after FDA regulators found an increase in strokes and heart attacks associated with this drug.
•ZICAM - Zicam is a popular over-the-counter homeopathic drug that is supposed to reduce the symptoms and duration of the common cold. The use of Zicam is now being linked to anosmia, which is a condition in which there is a total loss or impairment of the sense of smell and/or taste.

Why are so many of these dangerous prescription medications being prescribed at such an increasing rate? The U.S. Food and Drug Administration (FDA) are responsible for testing and approving these prescription drugs and they are beginning to come under increasing pressure in the past thirty years from drug-makers who want faster approvals for their drugs and a less stringent testing process.

The FDA has admitted that not all of a drug’s adverse reactions are documented by the time the drug hits the market. Also, the safety profiles for new drugs are never fully distinct because new drugs are studied in such a small and homogeneous patient populations. The final safety profile is figured after the drug is already being used by the public.

There is also the case of corporations putting their profits over the good of the people. The pharmaceutical industry is a huge, multi-billion dollar business with intense competition to constantly bringing news drugs to the market. Some companies have gone so far as to purposefully hide evidence from the FDA in order to get their drug approved.

This is completely unacceptable! The attorneys and staff at David Payne Law continually look to protect our clients from potentially harmful drugs and preserve their rights.

Contact David Payne anytime at 417.847.7516 for a free and confidential phone consultation.

August 21, 2009

Boating Crash On Lake Of The Ozarks Leaves An East MO Gentlemen With Serious Injuries

This Missouri lakes boating accident involving two boats sends a St. Louis man to the hospital with severe personal injuries on July 12, according to a report from the Missouri State Water Patrol. It is well-advised for victims and their families involved in MO personal watercraft crashes to contact an experienced personal injury lawyer at David Payne Law, LLC.

Lawrence Kiswani, 28, of Fenton, MO, who was operating a 1997 Kawasaki PWC, was trying to splash a 1996 Kawasaki PWC, driven by Matthew Auclair, 20, of St. Louis. During this attempt, Kiswani struck Auclair. Auclair was taken to Lake Regional Hospital with serious personal injuries.

I wish all the best Matthew on his way to a quick and complete recovery.

Missouri boating accident attorneys are reminding boaters to have fun on our beautiful lakes and waterways, but remember to be responsible when out on the water.

Reasons for Missouri boating accidents include, but are not limited to, the following:

•Carelessness
•Inattention
•Navigation-rule violations
•Poor choices during bad weather
•Inexperience
•Alcohol consumption

Some ways on reducing accidents and ensuring that your time on the water is safe include:

•Take a boating safety course in a class or online provided by your Missouri State Water Patrol – http://www.mswp.dps.mo.gov/Education/SafetyClassList.asp
•Always wear a life jacket
•Do not operate a boating vessel while under the influence of drugs or alcohol
•Have a float plan with a loved one or close friend so they know where you are going and when to expect your return
•Take a fully charged cell phone with you in case of emergencies

If you or a loved one has suffered personal injuries or death due to the negligence of another party on our Missouri waterways, you would be well-advised to retain the services of Missouri boating accident injury attorney David Payne. David will investigate this accident to discover what party was at fault. The negligent party would then be held liable for the personal injuries and damages caused by the accident.

Call David anytime at 417.847.7516 for a free, no-obligation consultation.

August 20, 2009

Ozarks Man Suffers Injuries Due To A Defective Tire/SUV Rollover Accident

A Springfield, Missouri man suffered serious personal injuries in a defective tire accident that occurred on Missouri Highway 13, according to a report by the Missouri State Highway Patrol.

On July1, 2009, Malcolm, R. Murray, 32, of Springfield, MO lost control of his 2001 Ford Edge after a tire blew out about ten miles north of Springfield about 1:45 in the afternoon. Malcolm then skidded off the right side of the road and overturned several times. Malcolm was then transported to St. Johns Hospital by ambulance.

The results of tire tread separation can be disastrous. They frequently cause tire blowouts, like in this example with Malcolm and his Ford Edge, and they will cause the driver of the vehicle to lose control. When the tread of the tire and the belt separate from the inside of the tire, it results in serious crashes and even rollovers. These accidents frequently cause serious injuries and death to the occupants of the vehicle.

Victims, like Malcolm, and their families would be well-advised to retain the services of Missouri auto product liability lawyer David Payne. David would look into whether the tire was poorly designed or defective tire was the cause of the accident. The Ford’s tire manufacturer could be held liable for compensation if the tire is found to be defective or poorly designed.

If you or a loved one believes that a defective tire might have been responsible for your motor vehicle accident, please contact the law office of Missouri defective tire attorney David Payne.

Contact David Payne anytime online or at 417.847.7516 for a free consultation.David will give you the legal assistance that you need to figure out your options for compensation.

August 19, 2009

Clarence, MO Woman Endures Injuries in Semi-Truck Crash

A Missouri 18-wheeler accident leaves a Clarence girl with serious personal injuries.

Kelli A. Chittum was taken to Samaritan Hospital on the afternoon of June 30, 2009 after a 2005 Freightliner, driven by Bronius Steponavicius, 52, of Schiller Park, IL, rear-ended the 1994 Volvo she was in. Chittum was stopped in a construction zone, along with Howard W. McConnell, 89, of Leonard, MO, when Steponavicius hit her. This caused Chittum to then hit the rear of McConnell’s 2001 Mercury.

In this commerical trucking case, it is not clear why the negligent driver did not stop; it could have been a number of reasons:

•Bad weather
•Sleep Deprivation by the truck driver
•Use of drugs or alcohol by the driver
•Improper upkeep of the truck
•Malfunction of the truck’s brakes
•Improper loading
•Driver inattention

In a crash involving a 30-ton truck and a 3-ton car, the automobile never comes out on top. The occupants of the car are likely to sustain serious personal injury or wrongful death in accidents that involve 18-wheeler and large trucks.

If you or a loved one has suffered personal injuries or death in an accident where an 18-wheeler or large truck was involved, you would be well-advised to contact experienced Missouri 18-wheeler accident lawyer, David Payne, who will help determine who should be held responsible.

Time is of the essence in cases such as these. Trucks involved in accidents may be fixed and return to the road promptly. As a result, critical evidence may be lost. This is why it is important to contact a Missouri 18-wheeler lawyer in a timely manner.

Lawsuits involving truck accidents often include a thorough investigation of facts surrounding the accident. This includes a review of inspection logs, compliance audits, truck driver logs, and other records that relate to previous accidents involving the truck driver in your case. David Payne Law, LLC will carefully review these facts to determine that the truck driver was to blame for your accident.

Missouri 18-wheeler accident lawyer, David Payne, will be glad to review your claim if you or a family member has suffered personal injuries or death due to the negligence of large truck drivers.

Contact David Payne anytime at 417.847.7516 for a free consultation and an outline of your legal rights and options.

August 18, 2009

Defective Auto Crash On MO Interstate 57 Results In Tragedy For Family

A defective vehicle accident results in the death of one and leaves another with serious personal injuries on July 6, according to a report from the Missouri State Highway Patrol (MSHP).

The accident occurred on I-57 about seven miles north of Charleston, MO at approximately ten in the morning. A 1994 Mack dump truck, driven by Nathan L. Belstle, 23, of Fayette, MO, suffered a vehicle defect, crossed the centerline, and struck a 2004 Jeep, driven by Robert G. Downey, 36, of Collierville, TN, head-on. Downey was pronounced dead at the scene by Mississippi County Coroner Terry Parker. Belstle was air lifted to St. Francis Medical Center in Cape Girardeau with serious injuries.

My heart goes out to the family and friends of Mr. Downey. Please keep them in your thoughts and prayers, as well as Mr. Belstle and his loved ones. I wish him the best and I hope that he has a quick and complete recovery.

According to the MSHP’s report, it is not clear what exactly went wrong with Belstle’s truck and what caused the defect. Victims and loved ones, like in this particular case would be well-advised to get in touch with an experienced Missouri defective product attorney at David Payne Law. The manufacturer and/or the distributor of the defective vehicle, the Mack dump truck in this accident, could very well be held liable for the accident and the injuries resulting from it.

Injured victims and their families can get compensation to cover the following:

•Medical expenses
•Funeral expenses
•Medication costs
•Hospitalization or long-term care
•Loss of wages
•Other damages resulting from the accident

It would be quite important in product liability cases such as this one to preserve the vehicle in its crashed condition, unaltered, so it can be thoroughly examined for mechanical problems, product defects and other evidence.

If you suspect your personal injuries are a result of a defective car or a car product defect, please contact experienced Missouri product liability attorney David Payne. David Payne will be able to help clients pursue their rights and explore their legal options.

Please contact David at 417.847.7516 for a free and comprehensive consultation regarding your case.

August 17, 2009

Jeep Cherokee Rollover Crash Leaves Woman Seriously Injured

A Bourbon woman suffered injuries in a Missouri SUV rollover accident on July 1, 2009, according to a report from the Missouri State Highway Patrol (MSHP).

Families of victims who have experienced tragic injuries or even death should contact a product liability lawyer at David Payne Law, LLC.

Brenda S. Hamilton, 59, was driving on Route P about two miles north of Cuba, MO when her 1998 Jeep Cherokee traveled off of the right side of the roadway. When Hamilton returned to the roadway, her Jeep overturned several times and traveled off of the left side of the road before finally coming to a rest. Hamilton was taken by a Crawford County ambulance to the Cuba airport where she was then flown to St. Johns in Creve Coeur.

Every year, more than 40,000 people perish in rollover accidents in the United States. More than half of these rollover accident fatalities involve SUVs. The main reason is because SUVs lack roof strength and as a result the occupants of the vehicle are at a high risk for severe brain and spinal cord injuries.

In this particular case, based on the MSHP’s report, it is not clear why Hamilton lost control of her Jeep. There could have been numerous reasons to why this accident could have happened like driver error, a mechanical problem, a dangerous roadway, or a defective auto product. If the accident did happen because of a defective auto product, then the manufacturer of the vehicle could be held liable for compensation.

Injured victims and their families can acquire compensation to cover the following:

•Medical expenses
•Funeral expenses
•Medication costs
•Hospitalization costs
•Loss of wages
•Other damages resulting from the accident

If you suspect your personal injuries are a result of a defective car or a car product defect, please contact experienced Missouri rollover accident attorney David Payne at 417.847.7516 to find out more information about your legal rights and options. The best personal injury attorneys always offer a free and comprehensive consultation to injured victims and/or their families.

August 15, 2009

Paxil Causes Serious Side Effects - Defective Drugs

Paxil is a popular medication that is frequently used to treat depression. It belongs to a group of drugs known as selective serotonin reuptake inhibitors (SSRI). Paxil aims to aid by restoring the balance of serotonin in the brain. Paxil is also used to treat obsessive-compulsive disorder (OCD), post-traumatic stress disorder (PTSD), bulimia nervosa, and some anxiety disorders.

On the other hand, Paxil has started to reveal some serious side effects along with dangerous withdrawal symptoms. This brings up deep product liability concerns in Missouri and throughout the nation. Paxil, along with Lanictal, Zoloft, and Prozac, have now been linked to birth defects in unborn children. In 2006 the FDA released a warning that infants are more prone to lung and pulmonary problems after being exposed to SSRIs during pregnancy.

Paxil has also been prescribed to children, even though that it has been proven to be ineffective in most young children. Paxil has been known to increase suicidal thoughts in adults and children under the age of 24.

Paxil, manufactured by SmithKline Beecham, entered the shelves in the U.S. in 1992. Serious side effects to date include, but are not limited to, the following:paxil_bottle1.jpg

•Violent behavior
•Suicidal thoughts and tendencies
•Akathisia, severe inner restlessness
•Lung and pulmonary problems in unborn children

As these symptoms arose, many defective product injury and personal injury suits were filed against SmithKline Beecham. The FDA required that the drug display new warning labels and they required that doctors prescribing the drug speak with their patients about the known risks and hazards of taking Paxil. However, these warnings have come too late to many people, whose lives have been seriously affected by the drug.

If you or a loved one has experienced severe side effects from taking Paxil or any other prescription medication, you would be well-advised to contact a Missouri defective drug lawyer at David Payne Law, LLC.

David will outline your legal rights and options and view all the aspects of your claim to advise you in the path that best benefits you.

Please do not hesitate to call David Payne anytime at 417.847.7516 for a free and comprehensive consultation.

August 14, 2009

Medtronic Recalls Defective Infusion Sets - Personal Injury/Wrongful Death

On Friday, July 10, 2009, the United States Food and Drug Administration (FDA) announced that Medtronic has recalled about 60,000 infusion sets that are used with the MiniMed Paradigm insulin pumps. This defective health product recall includes specific lots of the Paradigm Quick-Set Infusion Set.

The recalled infusion sets are reference numbers MMT-396, MMT-397, MMT-398, and MMT-399 with lot numbers that start with the number “8.” An example would be “8XXXXXX.” These numbers are clearly marked on both the box label and on each individual infusion set package.0112_medtronic1.jpg

Patients who are using these infusion sets should discontinue use immediately!

These insulin sets are thin plastic tubes that deliver insulin from the insulin pump to the patient. They are typically replaced every three days. The infected infusion sets may not allow the insulin pump to vent air pressure properly. This could lead to the device delivering too much or not enough insulin. As a result, this defect could lead to serious injuries or even death.

Medtronic will exchange your affected infusion sets at no charge. For more information, please visit www.medtronicdiabetes.com/lot8 or call 1.800.345.8139. However, attorneys who are investigating potential lawsuits for Medtronic insulin pump problems caused by the recalled Quick-set infusion sets, indicate that any units from the recalled lots should be saved for litigation purposes if injury or death has occurred.

Following this recall, the Missouri product liability attorneys at David Payne Law, LLC are reviewing the potential for lawsuits on behalf of patients who have suffered severe or fatal injuries due to these pumps delivering too much or too little insulin.

If you or a loved one has suffered personal injuries or death as a result of using the defective Paradigm Quick-Set Infusion Sets, please contact David Payne Law for your free, no-obligation consultation regarding your claim.

Contact David Payne anytime at 417.847.7516.

August 9, 2009

Missouri Man Loses His Life in Barry Co. Motorcycle Accident - Wrongful Death Claim

Michael R. Asher, 25, of Cape Fair, suffered fatal injuries in a Missouri motorcycle accident on the morning of July 9, 2009, according to a report from the Missouri State Highway Patrol.

The accident occurred in Barry County at MO Highway 39 and MO Highway 248 about one half mile south of Jenkins. A 2003 GMC Envoy, driven by Mark A. Sparkman, 47, of Aurora pulled out in front of Asher’s 2009 Harley Davidson. Asher struck the GMC and was transported to St. Johns Hospital in Cassville. He was pronounced dead at the hospital a little before 7:00 a.m.

I offer my deepest sympathies to the family and friends of Michael Asher for their tragic and heartbreaking loss. Please keep them in your prayers.

Families, like that of Michael Asher, would be well-advised to contact an experienced Missouri motorcycle accident attorney like David Payne. David will fight for your rights and determine whether negligence or reckless driving on the part of the other driver caused the collision.

According to the Missouri Department of Public Safety, a total of eight people were killed in traffic accidents in Barry County in 2007. Also, total of 134 people have been killed in traffic crashes in Barry County in the ten years previous to 2007.

The report did not state why Sparkman pulled into the path of Asher’s motorcycle. But one thing that is a fact is that our Missouri highways and byways are extremely dangerous for motorcycle riders. There is no question that motorcycle riders need to be very attentive to their surroundings. They must be aware that often car and truck drivers, for numerous reasons, just do not see motorcycles on the road and pull right in front of them. In this case, it is most likely that the driver of the GMC will be held civilly, if not criminally, liable for Asher’s death.

In cases, such as this one, where negligence or wrongdoing is involved, families with deceased loved ones may be eligible to file a wrongful death claim. This claim would compensate families for expenses that include:

•Medical costs
•Funeral costs
•Loss of wages
•Other expenses relating to the accident

Call David Payne at 417.847.7516 anytime for a free and comprehensive consultation.

July 13, 2009

Bicycle & Truck Accident Results in Serious Injury

A Festus woman was involved in a Missouri bicycle accident on June 28, 2009, according to a report from the Missouri State Highway Patrol.

Claracp E. Walsh, 59, of Festus, MO, was struck by a truck while she was on her bicycle about 6:25 in the evening. The 2007 GMC Sierra, driven by Melinda M. Lewis, 37, of Hillsboro, MO, was merging onto Route A from Sandy Valley Dr. just northeast of Hillsboro. Lewis failed to notice Walsh on her bicycle and stuck her. Walsh was then taken to St. Johns Medical Center with serious personal injuries.

Please keep Claracp in your thoughts and prayers as she recovers from her injuries.

The following statistics are from the Missouri State Highway Patrol for the year 2007:

• One person was killed or injured in a bicycle traffic crash every 15.7 hours in the state of Missouri.
• About 82% of all bicycle-involved traffic crashes resulted with personal injuries.
• About 1% of all bicycle-involved traffic crashes resulted in a fatality.

Under Missouri law, bicyclists are subject to the same traffic laws as motorists. Due to this, bicycle riders deserve the same protection by these laws. Regardless of where you are in Missouri, victims of bicycle accidents involving vehicles deserve compensation to recover from things such as:

• Medical bills
• Emotional suffering
• Permanent disability
• Wrongful death

If you or a loved one has been injured or has died in a bicycle accident involving a vehicle, it is imperative that you contact a zealous and successful personal injury law firm like David Payne Law, LLC to start protecting your rights.

Based in Southwest Missouri, David Payne Law can help people who have been seriously injured or who have lost a loved one due to the negligence of another driver.

Contact David Payne at 417.847.7516 if you have questions and would like to learn more regarding your claim. David will outline your legal rights and advise you in the direction that best serves you.

July 10, 2009

Serious Personal Injury ~ SUV Rollover Accident Results From Jeep Liberty

An Orrick, MO man is recovering from personal injuries from a Missouri SUV rollover accident on June 28, 2009, according to a recent Missouri State Highway Patrol report.

Joesph A. Waters, 49, failed to negotiate a curve and lost control of his 2003 Jeep Liberty. He traveled off the right side of the roadway, struck an embankment, and overturned. The Jeep then struck a fence and came to a rest on all four tires. An investigation is continuing. Waters was then taken by ambulance to the Ray County Hospital with personal injuries.

The following information is provided by the National Highway Traffic Safety Administration (NHTSA) and consumer rights group, Public Citizen:

• There were a total of 10,698 rollover accidents that resulted in fatalities in the United States in 2006, according to the NHTSA.

• This accounts for about 35% of vehicle occupants killed in traffic accidents, according to Public Citizen.

• Ten years before that, in 1996, there were 9,379 rollover accidents that resulted in deaths, according to the NHTSA.

• This only accounted for 29% of vehicle occupants killed in traffic accidents, according to Public Citizen.

The 2003 Jeep Liberty Rollover Resistance Rating was a two, out of five, stars! That is not good.

The Rollover Resistance Rating is an estimate of the vehicle’s chances of rolling over in a single-vehicle crash. The rating looks at a vehicle’s characteristics, such as its center of gravity and track width, to determine how “top heavy” a vehicle is. The more “top-heavy” a vehicle is, the more likely it is to roll over.

Since the 2003 Jeep Liberty got a rating of two stars that means it is three times more likely to roll over than vehicles with the highest rating of five stars.

If this Missouri SUV rollover accident was caused by some type of defect on the vehicle, then the car maker could be held liable for personal injuries or death that resulted from the accident. In similar cases, families of deceased rollover accident victims may be eligible to file a wrongful death claim, which compensates families for funeral expenses, loss wages, and other related damages.

If you or a loved one has experienced personal injuries or death as a result of a defective car or a car product defect, please contact experienced Missouri rollover accident attorney David Payne.

Contact David Payne at 417.847.7516 to find out more information about your legal rights and options. The best personal injury attorneys always offer a free and comprehensive consultation to injured victims and/or their families.


July 5, 2009

SUV Rollover Results In Death & Serious Personal Injury ~ Is There A Wrongful Death Claim Or Other Legal Options For The Family?

A Jefferson City man died in a Missouri SUV rollover accident on the afternoon of June 27, 2009, in Cole County, according to a report from the Missouri State Highway Patrol.

Arthur W. Bodamer, 83, of Jefferson City, MO traveled off of the left side of the roadway, struck a tree, and overturned. The 2005 Toyota Highlander finally came to a rest on all four wheels. Bodamer was pronounced dead at the scene by Cole County Coroner, Dr. Carl Doerhoff. Bodamer’s wife, Patsy A. Bodamer, 79, also of Jefferson City, endured serious personal injuries and was flown to the University of Missouri Hospital in Columbia.
Youth Reckless Driving - Horse - Celebrity bloopers here

My condolences go out to the family and friends of the Bodamers and I wish Patsy all the best in a fast and complete recovery.

In this Missouri SUV rollover accident, it's not clear why Bodamer lost control and traveled off of the roadway. Experienced SUV rollover accident lawyer, David Payne, would look into whether there was a mechanical problem or motor vehicle defect involving the Toyota Highlander that may have caused this fatal Missouri rollover accident.

If a mechanical problem or vehicle defect is in fact the reason for an SUV rollover accident, the family of the deceased or injured victims may be able to file a product liability claim against the manufacturer of the defective product. The victims or the families would be able to receive compensation for things such as medical expenses, funeral expenses, and loss of wages.

Call David Payne Law, LLC at 417.847.7516 or fill out our online form for a free and comprehensive initial consultation for the injured victims and their families.


June 29, 2009

Injuries Follow 18-Wheeler Wreck On Missouri Highway 71

According to the Missouri State Highway Patrol, two residents of Lamar, MO were taken to the hospital after they were hit from behind by an 18-wheeler truck on the afternoon of June 15, 2009. This Missouri 18-wheeler accident transpired on Highway 71, three miles south of Lamar, when a 2005 Buick, driven by John Wagaman, 78, was attempting to change lanes and was struck in the rear by a 2006 Freightliner, driven by Eric M. Fields, 37, of Billings, MO. The Buick ran off of the highway and came to rest in a ditch. Wagaman and his passenger, Nora Wagaman, 77, were taken to Barton County Memorial Hospital after sustaining personal injuries.

The dangers of 18-wheeler and large commercial trucks are prevalent in that drivers of smaller, commuter vehicles who are involved in accidents with these large trucks are likely to suffer serious personal injuries such as broken bones, brain and spinal cord damage, or even death. On the other hand, the drivers of these large trucks often walk away from these crashes unscathed.

Negligence on the part of large truck drivers is unacceptable and they, along with their employers, must be held accountable for their actions. Missouri 18-wheeler accident attorney, David Payne, will be glad to review your claim if you or a family member has suffered personal injuries or death due to the negligence of large truck drivers.

Contact David Payne anytime at 417.847.7516 for a free consultation and an outline of your legal rights and options.

Below are some statistics provided by the Missouri Department of Transportation:

• In 2007, there were a total of 72,155 crashes that involved passenger cars in Missouri.
• The percentage of these crashes that resulted in fatalities was about 0.06 percent.
• In 2007, there were a total of 5,052 crashes that involved 18-wheeler and large trucks.
• The percentage of these crashes that resulted in fatalities was about 2.0 percent.

As you can see from the statistics above, 18-wheeler and large truck accidents are nearly four times more likely to result in fatalities than accidents involving passenger cars. These accidents can often be life changing for the persons involved and their families. 16317459.jpg

Based on the Missouri State Highway Patrol’s accident report, it appears that the driver of the semi truck failed to slow down or didn’t see Wagaman as he was changing lanes. If that was the case, both the truck driver and his or her employer could be held liable for the accident and the injuries that resulted from the crash. This particular accident could have happened because the truck driver was careless and didn’t slow down. The 18-wheeler truck’s brakes could have failed. Or the truck driver could have been distracted. All of these are the most common causes of large truck accidents in the United States.

If you or a loved one has suffered personal injuries or death in an accident where an 18-wheeler or large truck was involved, you would be well-advised to contact experienced Missouri 18-wheeler accident attorney, David Payne, who will help determine who should be held responsible.

June 28, 2009

Tractor Trailer Accidents ~ 18-Wheeler Trucks ~ Safety For All On Missouri Public Roads ~ Lawyer

18-wheeler trucks are far more dangerous on our Missouri highways than smaller cars, trucks, or SUVs. These large trucks require more time to stop, they have larger blind spots, and they carry larger, heavier cargo. 18-wheeler trucks are also more susceptible to turning over due to their high center of gravity.

Some statistics for the state of Missouri provided by the Federal Motor Carrier Safety Administration include:

• In 2007, 1,557 large trucks were involved in crashes in which passengers sustained personal injuries.
• In 2007, there were 2,332 injuries in crashes involving large trucks.
• Also, there were 136 fatalities in crashes involving large trucks in 2007.

If you or a loved one has suffered personal injuries or death in an accident where an 18-wheeler or large truck was involved, you would be well-advised to contact experienced Missouri 18-wheeler accident attorney, David Payne, who will help determine who should be held responsible.

Some causes of 18-wheeler and large truck accidents are listed below:
• Driver error
• Driver negligence
• Lack of proper maintenance of the truck
• Overloading the truck
• Driving at unsafe speeds

In Missouri accidents involving 18-wheeler or large trucks, it is the driver or the passengers of the smaller, commuter vehicles who suffer the most. 18-wheelers can weigh up to 40 tons and the impact of a truck that size crashing into a smaller vehicle can be enormous. Even when survivors emerge from the crash, injuries resulting from such accidents can be cataclysmic.

Missouri 18-wheeler accident attorney, David Payne, will be glad to review your claim if you or a family member has suffered personal injuries or death due to the negligence of large truck drivers.

Contact David Payne anytime at 417.847.7516 for a free consultation and an outline of your legal rights and options.


June 26, 2009

Tire Blow-Out Results in Ford Explorer Accident ~ Serious Personal Injury ~ Tread Separation Defect ~ Interstate 44 Missouri

I-44 SUV rollover accident results in serious personal injuries due to a tire tread separation defect. All four occupants of the vehicle were taken to the hospital with serious injuries after the 2004 Ford Explorer, driven by Penny K. Grechus of Farmington, MO, blew a rear right tire and veered off the left side of the highway and overturned several times before coming to rest.

One of the passengers, Cassidy L. Cooper of Appleton City, MO, was ejected from the vehicle and taken to Phelps County Regional Medical Center along with Amanda K. Smith of Springfield, MO, and Julie M. Smith of Montrose, MO. Grechus was flown to Barnes Jewish Hospital.

It is fortunate that nobody suffered fatal personal injuries in this Missouri defective tire accident. I wish the four injured victims the very best for a quick and complete recovery.

A tire blow-out is one of the most alarming things that can happen to a driver on our Missouri roadways. Tire tread separation at highway speeds can often cause the vehicle to rollover like Explorer in this case. Rollover accidents normally cause devastating injuries or even deaths.

This is a classic case of tire failure and tire tread separation, which caused the Ford Explorer to travel off the roadway and overturn. Dealing with defective tire cases, we are beginning to see more cases of tire failure due to a manufacturing or design defect long before the tread on the tire has deteriorated. If a defective tire is proved to be the result of a manufacturing or design defect, then the injured parties would have a claim against the tire manufacturer for injury and damage compensation.

If you live in Missouri and you or someone you care about has been the victim of an auto accident caused by a defective tire, please contact David Payne Law to schedule a free and confidential consultation with an experienced defective tire attorney.

Contact David Payne at 417.847.7516 to discuss your legal rights and the options you have regarding your claim.


June 25, 2009

ATV Accident Results In Serious Injuries ~ Possible Legal Action Needs Taken

According to the Missouri State Highway Patrol, 31-year old Chad L. Rush (serious injuries) and 17-year old Sarah A. Rush >(moderate injuries)strong> were transported to hospitals in the early of hours of June 21, 2009 after an all-terrain vehicle accident in Ripley County, Missouri. The ATV that they were riding slid off of the left side of the road, struck several trees, and ejected both passengers. Chad Rush was taken to Poplar Bluff Regional Medical Center after sustaining serious injuries. Sarah Rush was transported to Ripley County Memorial Hospital after sustaining moderate injuries.

If you or a loved one has been seriously injured or killed as a result of a defective ATV, please call David Payne Law at 417.847.7516 for a free and comprehensive consultation to leave your legal options.

Missouri ATV accidents can cause serious personal injury or even death. It is very important that riders of all-terrain vehicles wear proper safety devices such as seat-belts and helmets. According to the U.S. Consumer Product Safety Commission (CPSC), there were about 750 deaths and 146,600 injuries due to ATV accidents in the United States in 2006.

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ATV accidents can happen because of many different reasons including driver error, driver inattention, or driving while under the influence of drugs or alcohol. On the other hand, ATV crashes can also occur because of a manufacturing or design defect.

If you believe you have been seriously injured in an ATV accident due to a product malfunction, you would be well-advised to consult with an experienced Missouri product liability attorney at David Payne Law.

June 24, 2009

Pacemaker Recall ~ Medtronic Kappa & Sigma Pacemaker Class 1 Recall

There is a reasonable probability of serious adverse health consequences or even death associated with Medtronic's pacemakers. The FDA has issued a serious warning regarding certain Medtronic Kappa and Sigma Pacemakers. The FDA has classified the recall as Class I, which has the highest risk of any recall. Patients with these models of Kappa and Sigma pacemakers should check to see if their pacemaker is part of this recall by contacting Medtronic at 800-505-4636 or by going to KappaSigmaSNList.medtronic.com target="_blank" . As an experienced personal injury attorney, I know it will be imperative for all who think they might be effected to act immediately. Go to your doctor if you have any questions or if you know you have a Medtronic pacemaker.

Medtronic has recommended pacemaker removal for patients who depend on the pacemaker for daily survival or if their pacemaker is listed as defective.

According to the FDA alert, these pacemakers may fail due to a separation of wires that result in a loss of pacing output. Don't assume it won't be a problem. Get answers! Patients with one of these defective medical devices may experience seemingly harmless symptoms associated with abnormal heart rate including fainting and lightheadedness. However, in some cases, patients who are dependent on these defective devices could very well experience serious injury or even death.Medtronic.jpg

Out of the 1.7 million Kappa and Sigma pacemakers that have been implanted throughout the globe, about 21,000 pacemakers are involved in this recall. The recalled pacemakers include:

• Kappa Series 600/700/900
• Sigma Series 100/200/300.

Patients who received the defective medical device implant now find themselves in a difficult position. The risks of surgically removing a defective heart device could be greater than leaving it in. Many patients will have the decision of whether to leave the defective device in, which could potentially kill them, or take it out surgically, which also, has a very high level of risk. What a tragic set of circumstances!

David Payne Law is here to help patients and their loved ones who have suffered serious personal injuries or death due to these defective Medtronic pacemakers. There is no question that the manufacturers of these pacemakers must be held accountable for putting their defective products in the market and putting countless lives in danger.

Please contact David Payne Law anytime at 417.847.7516 for a no-obligation consultation.

June 20, 2009

Boating Accident In Missouri ~ Ozarks Injury Attorney

Every year, people flock to Ozark’s lakes and waterways for a number of recreational activities. On any given day there are hundreds of boats and water crafts out on Missouri lakes and streams. Unfortunately boating accidents can and do happen on waterways throughout the Ozarks region.

According to the Missouri State Water Patrol, a two-boat collision took place on Lake of the Ozarks on the morning of June 14, 2009. Ronald Hardwick of Marshall, MO was fishing off of his anchored boat at the 92 mile marker when he was struck by another boat. Larry Welch of Deep Water, MO was traveling upstream when he hit the stern and starboard side of Hardwick’s boat.

Some common locations for Missouri boating accidents include:

Lake of the Ozarks
Stockton Lake
Table Rock Lake
Lake Taneycomo
Bull Shoals Lake

In previous years, Missouri has seen hundred of boating accidents with up to 23 annual fatalities. These accidents can have broad range of causes ranging from drunkenness to inattentiveness. Boating accidents can leave injured peoples and their families struggling to deal with the physical, emotional, and economic set backs.

A common causes of Missouri boating accidents are carelessness, inexperience and drinking. Missouri boaters should be aware of boating laws and safety regulations. Operator inexperience and negligence can lead to catastrophic, if not fatal, consequences.

If you or a loved one has been injured in a boating accident, contact David Payne Law, LLC for an evaluation of your case and legal rights.

Call David Payne anytime at 417.847.7516 for a no obligation consultation

June 15, 2009

SUV Rollover Accident ~ I-44 in Lawrence County, Missouri ~ Serious Personal Injury ~ Wrongful Death

Anna Leal and Jaime Rodriguez of Fort Worth, Texas, were killed in a Missouri rollover accident on the morning of June 4, 2006, the Springfield News-Leader reports. The Missouri Highway Patrol reported that Leal and Rodriquez were pronounced dead at scene on Interstate 44 near Stotts City. The accident occurred when the eastbound 2001 Ford Explorer, driven by Luis E. Nunez, ran off the roadway and into the median before rolling several times.

I offer my deepest condolences to the family and friends of Anna Leal and Jaime Rodriguez for their tragic and heartbreaking loss. Please keep them in your prayers.

According to the National Highway Safety Traffic Administration (NHTSA), there are on an average about 40,000 traffic accident fatalities each year in the United States. The federal agency estimates that about 25 percent of these accidents are rollover accidents. car_accident_lawyers.jpg
With rollover accidents, the chance of fatal injuries is much higher because of the intensity of the crash.

In this I-44 Missouri rollover accident, it's not clear why the driver lost control of the vehicle. An experienced rollover accident attorney, David Payne, would look into whether there was a mechanical problem or motor vehicle defect involving the Ford Explorer that may have caused this fatal Missouri rollover accident.

If this car accident was caused by some type of defective product, then the car maker could be held liable for the fatal personal injuries. In product liability cases, families of deceased car accident victims may be able to file a wrongful death claim. Such claims compensate these families for funeral expenses, loss of wages and other related damages.

If you suspect your personal injuries are a result of a defective car or a car product defect, please contact experienced Missouri rollover accident attorney David Payne at 417.847.7516 to find out more information about your legal rights and options. The best personal injury attorneys always offer a free and comprehensive consultation to injured victims and/or their families.

June 4, 2009

Hydroxycut Side Effects – Symptoms – Drug Recall Lawyer

Hydroxycut is a widely sold dietary supplement that has been linked to severe liver damage and other health problems. In the year 2008 alone, about 9 million packages of this dietary supplement were sold. Iovate Health Sciences USA, Inc., the company that manufactures Hydroxycut, recalled 14 of its products on May 1, 2009.

Already, numerous instances of serious injury and one death have resulted due to the use of Hydroxycut. Countless other users of Hydroxycut are experiencing effects that may not require immediate medical attention. Nevertheless, these people's conditions could very well worsen in the coming months as the long term effects begin to arise.

Missouri personal injury attorney, David Payne, will give you a free and confidential evaluation of your Hydroxycut claim. While consultations involve no obligation by a prospective client to hire David Payne Law, a phone call or in-person meeting will fully outline your rights and any paths of legal action you may have.

Please feel free to contact David Payne anytime at 417.847.7516.

Hydroxycut is associated with a risk of severe liver damage. This liver damage has already arisen in many different fashions and it is still possible for it to appear in other ways, as well. One of the main symptoms linked to Hydroxycut is jaundice, which is basically a yellowing of the skin and eyes. Jaundice, in addition to yellowing the skin, can cause light colored stools, dark urine and itching. Anybody who is experiencing jaundice may very well have severe liver problems and should seek immediate medical attention.

Symptoms to look for that is associated with liver damage include, but are not limited to, the following:

• Jaundice
• Darkened urine
• Nausea
• Vomiting
• Fatigue
• Weakness
• Stomach pains
• Itching
• Loss of appetite
• Light-colored stools
• Cuts or bruises that take a long time to heal
• Swelling in legs or abdomen

Along with liver problems, Hydroxycut has been linked to seizures, cardiovascular disorders, muscle damage, and kidney failure. These disorders appear to be a result from one of the dietary supplement’s key ingredients, hydroxycitric acid.

If you or a loved one has experienced health problems and have taken Hydroxycut, contact attorney David Payne. David has the experience you need fighting for you!

December 15, 2008

Springfield Auto Accident & Injury

Two injured Missourians were taken to the hospital this morning after a three-car accident on Kearney Street and National Avenue in Springfield reports the Missouri Highway Patrol. This is the exact type of crash were the injury victims NEED to contact an attorney promptly in order to get the advice necessary for protecting their rights.

As you can tell from the facts, this one is a little tricky. The accident resulted when a 1996 Pontiac Grand Am driven by Travis Jones of Springfield failed to stop for a red light, then, Jones’ car struck a 2006 Ford Crown Victoria driven by Ivy Warren of Willard in the right rear of the car.Warren’s car was then forced into a 1996 Ford Taurus driven by John Albert of Springfield. Who is exactly at fault and how will the insurance policies apply? These are questions the injury victims will need help from an attorney with answering.

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Albert suffered moderate injuries and was directly taken to St. John’s Hospital. Warren suffered minor injuries and was taken to St. John’s Hospital.

Vehicle accidents and wrecks on our Nation's roadways are an extremely serious threat to the traveling public and are the leading cause of death for people under the age of thirty-four. Every year over 40,000 people are killed in approximately five million motor vehicle accidents, many involving teens. In 2002 alone, nearly 43,000 people died in highway accidents nationwide. That equates to over 115 fatalities per day from something that could have avoided.

Unfortunately, during your lifetime you are likely to be involved in at least one auto accident. You MUST know what to do in order to protect yourself and your legal rights and it all begins with talking with an experienced auto accident attorney.

Call the police and paramedics if necessary. If you have a camera or even a cell phone with photo capabilities, photograph the scene prior to moving the vehicles (only if safe to do so). Additionally, someone should interview all witnesses and record their comments and descriptions and should be completed as soon as possible as witnesses' memories tend to fade with time.

Your attorney may hire a professional investigator and help determine insurance insurance company policies. While preparing your case, your attorney may find it helpful to hire other experts to assist in proving who was actually responsible for your injuries or the injuries of a loved one.

David Payne offers a free, no-obligation consultation for those injured in accidents.

December 1, 2008

How To Find An Experienced Lawyer When You Live Outside to State? Representing the Injured (I-44, Aurora, Monett, Mt. Vernon, Table Rock Lake)

"David Payne is an attorney that will listen and give helpful advice to anyone injured in Missouri."

If you are from out-of-state and get injured in Missouri, finding a personal injury attorney in Missouri to help can be tough. By calling David A. Payne and reviewing the material on this blog and at mo-injurylaw.com, the task of finding and hiring an experienced lawyer can be easier than you may have initially thought.

BRANSON MISSSOURI ~ TABLE ROCK LAKE AREA ~ ACCIDENTS & INJURIES

David Payne is experienced in most injury cases and will offer a free, no-obligation consultation to anyone injured in Missouri, whether in a car accident or other injury. 2195890744_5cbede32b4_m.jpg
Don't wait to call, if you have been injured the insurance companies are already working to build evidence to limit you recovery, if not deny you claim altogether.

In Missouri, there are hundreds of situations where negligence exists and the law allows for a financial recovery for those who have been injured.

There are too many instances and examples to list within the context of this blog. If you or a family member have been injured in Missouri, you need an experienced and zealous attorney to help evaluate your claim to see if you have a potential matter that will allow a money recovery for your losses.

Almost all property owners and business operators have liability insurance to cover injuries for which they are responsible. Liability insurance is a very broad insurance policy that will often apply for a number of instances and allows injured parties to recover for their damages. If you or a loved one has been injured as a result of someone else's negligence, please give me call today and let me help. Almost all cases I take are done on a No-Win, No-Fee basis. There will be no cost unless you recover.

You need help -- I have the experience and ability to help you recover in many different instances where negligence has resulted in injuries.

Please give me a call at (417) 847-7516 or contact me online and I will give you a free consultation and see if I can help.

I look forward to speaking from you.

October 31, 2008

Aurora Missouri Lawyer

David Payne Law is now established in Aurora, Missouri and is a law firm devoted to serving the legal needs of those in the Aurora and Southwest Missouri area.

David Payne Law is a full service law firm advocating for and advising many different types of clients. If you have a legal need, please call David Payne Law to see if we can help. If this firm can not help, then we will most likely be able to point you in the right direction.

I receive many calls from those injured in car accident and below is a little guidance. However, please note that I always recommend a phone call with an experienced injury attorney. There simply is not substitute for a one-on-one phone call to discuss the specifics of your case. I hope you find this helpful.

You've been in a car accident--what now?

"David Payne Law is dedicated to aggressive and zealous pursuant for money compensation for our client's cases"

First and foremost, seek prompt, appropriate and necessary medical treatment. Then, seek advice from an attorney with experience in helping people deal with insurance companies after a car wreck.

-Contact your insurance company to let them know of the accident
-Do your best to get details of the accident
-Take pictures of the damaged vehicles and your injuries
-Take down the names and numbers of witnesses
-Make a note of the insurance details of any other person or vehicle
-Save receipts and bills for any and all expenses
-Be upfront & honest with the insurance investigators so that your claim is not denied for fraudulent reasons
-Don’t sign a release or a waiver of any kind
-Don’t take any check as a full and final payment without talking with an injury attorney

If you have been hurt you will need the help of an experienced injury attorney. Take the time to get the advice and help you need!

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June 27, 2008

Auto Accident Fatalities Show Need For Buckling Up~Stats Show Seat Belts Save Lives

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!


June 3, 2008

Talking To Your Doctor ~ Getting The Best Care Often Starts With Proper Communication About Your Injury

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."

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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.

May 27, 2008

Wrongful Death from Injury in Missouri

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.16363343.jpg

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.

May 15, 2008

An Injury Attorney In The Springfield Missouri Give Helpful Hints ~ Mistakes Honest People Make

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. 16363343.jpg
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!