Missouri Injury Attorney Blog

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.

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Posted In: Advice for the Injured , Auto Accidents , Brain Injury , Defective Products , General , Insurance Claims , SUV Rollover Accidents , Spinal Cord Injury , Wrongful Death Claims & Litigation

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A Missouri couple has been awarded $1.1 million in a lawsuit settlement because of the smell from a factory hog farm in the vicinity of their home.

Ed and Ruth McEowen, of Jerico Springs, MO filed a nuisance lawsuit back in 2005 against the hog operators after barns were constructed less then 1,000 feet from their house.

“Night was always the worst,” Ed McEowen said. “It’s like the monsters come out at night. The sickening stench just lays down here in the valley once the sun goes down. You could never invite anybody over because you never knew how bad the stench was going to be.”

The lawsuit, which was finalized in the middle of July 2009 in Cedar County Circuit Court, was filed against the owner of the barns, Doug Mullings, the supplier of the hogs the Missouri Farmers Association (MFA), North View Swine Co., and the Missouri Farm Bureau.

The suit claimed that Mullings built one of the six barns built without a construction, permit, which was in violation of Missouri Department of Natural Resources (MoDNR) regulations. In addition, the farm was in operation for six years without an operating permit from MoDNR.

Hog waste polluted a creek that runs the McEowens’ property, which they had made their home on for 30 years before that.

The settlement only involved odors up to the date of the settlement. However, Ed and Ruth said they would be ready to file another nuisance claim if the hog farm continued to harm and intrude on their quality of life.

“I’m sending them a message,” said the McEowens’ attorney, Michael David Holzknecht, of Stockton, MO. “Most of our clients have been living in their homes for generations. The big hog companies try to say its people from the city moving out (to the country) that don’t get ag odors. It is anything but that.”

If you or a loved one has been injured because of the fault of another party; by negligence, personal injury, slip and fall, auto and trucking accidents, ATV accidents, medical malpractice, defective products or drugs, please contact Missouri personal injury attorney David Payne.

Please contact David Payne at 417.847.7516 anytime for a free, no-obligation case analysis.

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Posted In: Civil Rights , General , Insurance Claims

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Accidents and injuries continue to rise year after year while drivers continue to act as though they are capable of watching the road and dialing, texting, or even surfing the web on their cell phones. Missouri lawmakers must step up and protect the public from dangerous cell phone usage while behind the wheel.

There is a continued effort by states from across the nation to stop such activity and Missouri is one of them. As reported by the Governors Highway Safety Association, there are now at least 17 states that have common-sense cell phone restrictions or simply ban some type of cell phone usage or text messaging while driving. There are five states to ban cell phones while driving all together. And isn't this type of ban worth it to prevent senseless and completely unnecessary injuries to an innocent public!

"David Payne Law is dedicated to protecting injured Missourians."

Recently in Missouri, a bill was submitted which would ban cell phones while driving on public highways. This bill is designed specifically to enforce safety issues on the highways and make it illegal to drive and talk on a handheld cell phone when on public roads. Exceptions to all phone usage and motor vehicle operations could be made for emergency cases, vehicles on private property, tow trucks or operating vehicles of this kind.

In the last months of 2008 our country saw major accidents that made headline news including California train operator who sent a large amount of text messages, to a local incident on our own hwy 40. The local case is still under investigation regarding the truck driver who didn’t stop and ran over several cars on the hwy. Law suits have been filed locally for damages caused by that wreck.

Attorney, Alvin Wolff in Clayton, is a supporter of the ban and proposed new law. Mr. Wolff was a public speaker last year on banning cell phones while driving or placing age restrictions on cell phone usage while operating a motor vehicle.

To an attorney, part of what is empowered when the state grants a Bar License is that part of us that can protect our follow citizens. Attorneys can help protect the public safety by requiring the insanity of driving while dialing stop. In order to do so, attorneys must use the democratic process see the this problem is addressed and that reasonable restrictions are put in place.

I wish to see this process succeed and I know a safer Missouri will follow.

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David Payne will work your case to get maximum recovery in a prompt fashion. When we take your case, it becomes our case and our worry. Let us help you and call David Payne Injury Attorney.

Aurora Injury Law Southwest Missouri Accident Attorney

Do I still have a claim against someone else's insurance if my medical bills were paid by my insurance?

Under the collateral source rule in Missouri, you are entitled to be compensated for your medical bills regardless of whether they have been paid your health insurance. The same logic holds true for lost wages and other losses.

Will I hurt the person I am suing by bringing a personal injury claim against them or their insurance?

This is an often asked question by our personal injury clients who deserve compensation for injuries but are afraid that they will do harm to the person who caused their injuries. Virtually all injury claims are handled by insurance company lawyers and paid by insurance, so the person (or company) will not have to pay any money out of their own pocket unless the circumstances are out of the ordinary. Clients often have control as to where our office collects money.

How long will it take for me to receive a financial recovery in my case?

While a definitive answer who be nice here, there is no definite period of time in which a personal injury case will settle or go to trial. Every case has its very own unique set of facts. What we can promise: We will move your case forward towards settlement or verdict at trial in a manner that avoids any unnecessary delays.

Most cases settle and we need to wait until the patient has finished receiving medical care and treatment (or reached maximum medical improvement). We then order any and all remaining medical bills and underlying records from your health care providers. Then, we prepare and submit a demand package to the insurance company, letting them know what WE expect to resolve your claim. We usually receive an offer in a reasonable time period; if not we recommend filing a lawsuit.

Again, we take great care to diligently pursue your case with vigor hoping to eliminate any unnecessary delays and to resolve your injury case promptly.

Your case is our case! We will fight for you to get the highest possible recovery quickly.

We will do everything we can do to move your case forward.

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David Payne has moved his office from its original location in Cassville, Missouri to a new location in Aurora, Missouri and David has joined the law firm Stephens & Payne, LLC.

David Payne will continue to blog on MissouriInjuryAttorneyBlog.com and will continue to represent and advocate for those injured due to corporate misconduct or personal negligence.

This moved is viewed as an exciting one that will allow me to better serve the needs of my valued clients.

My address and contact information is as follows:

David A. Payne
1402 S. Elliot, Ste. E
P.O. Box 467
Aurora, MO 65605
Phone: (417) 678-5161
Fax: (417) 678-1801

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Is there a state Supreme Court that serves as a 'rubber stamp' for powerful corporate entities? Looks like it, I simply say thank God it is not Missouri. But we best come to the aid of our of our brothers and sisters elsewhere to make sure it doesn't happen at home!

This is a jawdropping story which provides the facts of what the Courts are doing in Mississippi to remove the power of the people. Juries are the basic bottom line source of justice in our government. When judges ignore juries, the voices of "the people" are being silenced. This is something that outrages me.

Attorney Alex A. Alston Jr. has litigated hundreds of cases, primarily for defendant corporations, over the past 44 years, including scores of cases argued before the Mississippi Supreme Court, and he has written an article that I find almost too much to believe.

Mr. Alston says the following:

If you are a victim of personal injury, malpractice or corporate fraud, you have almost no chance of having a jury verdict in your favor affirmed by the state Supreme Court.

Shouldn't we expect that and more?

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Indeed, we are good people. Americans help those in need. Americans have a great sense of fairness and are willing to balance the scales of justice by giving and by investing time for a good cause.

This sense of fairness is the bedrock of our jury system and is what I rely on when taking a client's case in front of a jury. When I ask that a jury "set things right" for a client, I know I must make my case and that I must appeal to the jury's sensibilities.

I have great faith in juries and in the American judicial system. It is a system that works when all those responsible for seeing that it works does their jobs. The founding fathers of our country set up a system that had checks and balances. The balance of power ultimately will prevail and the greatest good will result.

Below is a video which addresses the great American heart and underlines what a free country is capable of when driven to do what is right. God Bless America.

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Freedom: What a wonderful thing! Thanks to all those, past and present, that allow my freedom and the enduring freedom of my family.

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Wrongful Death Lawyer - Attorney for Springfield Death Claims

In Missouri, as with most states, family members (spouses, children, parents & sometimes siblings) are able to recover money from an individual, insurance company or corporation that is determined legally liable for a loved one's death.

The value of any wrongful death claim will vary greatly depending on the specific facts of each particular case. With that said, Missouri courts and juries have a history of placing high value on human life.

To best position your family towards a successful wrongful death claim, you will need more than the compassion of the party at fault and more than the compassion of the insurance adjuster handling the claim. Your family will need the experience, knowledge and passion of a personal injury attorney with the resources available to maximize your recover and compensation.

Please contact me to help advise you should you believe you have a wrongful death claim. Contact me online or call me today at (417) 847-7516.

You need help, and I have experience helping people get maximum recovery for their wrongful death claim.

Please call for a free/no-cost consultation. I will handle your wrongful death claim on a contingency fee basis. Should you not get any recovery, I won't get any attorney fees.

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Republic, Aurora, Monett, Mt. Vernon, Cassville & Southwest Missouri Injury & Car Accident Lawyer

Car accidents and injuries change the dynamics of life for those fighting to recover and dealing with the inevitable financial hardships stemming from all that goes with injuries. By hiring a professional legal advisor, your attorney can bear much of the burden associated with dealing with the insurance companies. Your lawyer can serve as a trusted advisor and ease the stress bearing down on your shoulders from the weight of all that must be accomplished.

Lawyer for Car Accidents & Injury Cases in Southwest Missouri

A common thought is: I can't afford a lawyer. Yes, you can. All of my consultations are free and if I don't take a case then all that is lost is the time invested in meeting with each other.

My name is David Payne -- please give me a call and I will discuss your case and answer questions about your case that you've been wondering about.

If you cannot afford medical treatment, I may be able to assist you in finding medical care providers that will treat your injuries. Based upon a lien the provider would have on your eventual financial recovery from the insurance company, they would treat you with no payment up front. Such an agreement would help guarantee you getting the full medical attention you deserve and avoid bills from piling up and going into collection status--what a stress relief this can be.

If you are in a car accident, please call an experienced attorney promptly. Contact me online or call me today at (417) 847-7516 and I will give you a free consultation and explanation of your legal rights.

I look forward to hearing from you and discussing your case. Every call will be personally, professionally, & promptly handled by me.

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Depositions are an extremely important part of trial preparations for any attorney. A good deposition will line up the case nicely for trial and a bad deposition can put a lawyer and his client on their heals.

"David Payne handles injury cases in Southwest Missouri and will give anyone injured in an accident a FREE consultation with no obligation"

Advocating For Those Injured In Missouri & The Ozarks ~ Cassville, Monett, Aurora, Mt. Vernon, Barry County, Lawernce County ~ NO FEE UNLESS YOU WIN

From my standpoint as a plaintiff's personal injury lawyer, deposition goal #1: DO NO HARM. The greatest harm a client can do to a case is to get caught in a lie and most times I find that "lies" are not malicious but rather accidental. A smart insurance company lawyer will turn an innocent failure to recall into an ultimate test for the client's credibility (i.e. "If they lie about one thing, is there anything they won't lie about). Any case that gets evaluated by an insurance adjuster or Missouri jury will ultimately rest on the client's credibility. The lawyer's credibility is second fiddle to that of the client. The importance of the lawyer's credibility/likability is a distant second to the importance to that of our client.

How can a good lawyer address this issue and solve the problem? Obviously, a good lawyer spends time before the deposition discussing the issue with the client, explaining in very direct terms that: 1) prior medical history or claims history will be uncovered by any competent defense attorney with access to a computer and/or the medical records; 2) guessing will be twisted by the defense attorney to attempt to show a lie; and 3) "I don't know" and "I can't remember" are perfectly good answers when that is the true response.

A good approach is to have clients fill out a claims index so their lawyer can have access to the exact same information as the insurance company. American Insurance Services Group (AISG) is a good company to use but there are others that do the same thing for the same price. For $25, a lawyer can get a full claims history for your client, putting the personal injury lawyer on par with the insurance company in terms of information about prior accidents and claims.

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

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Cassville Injury Law Southwest Missouri Accident Lawyer Springfield Missouri Injury Law

What geographic areas do you and other firm lawyers take cases from?

David Payne takes cases from all over Missouri, but primarily focus is on Southwest Missouri cases. My law partner is licensed in Missouri and Arkansas, so we do take some Arkansas cases. They are also instances where we can team up with attorneys from other states, if necessary, to provided the best legal representation for our clients

Too many times those injured in a car wreck or other injury believe they can get adequate relief from an insurance adjuster and ultimately are disappointed by the unnecessary delay, constant request for information, and low-ball settlement offers. An experienced personal injury attorney will answer your questions and tell you immediately what will be done to push you case if you call David Payne.

It has been said: You get one chance at justice. Well this is you chance, call now.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

<strong>CAR WRECK AND INJURY LAWYERS IN MISSOURI

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

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

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

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

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

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

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The purpose of the Missouri Injury Attorney Blog is to comment on personal injury and insurance claim issues that directly or indirectly involve Car & Auto Accidents, Truck & 18-Wheeler Accidents, Wrongful Death and other accidents in Missouri including: Springfield, Joplin, Monett, Mt. Vernon, Aurora, Cassville, Branson, Republic--all across the Ozarks.

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