Springfield Injury Law Blog : Springfield Injury Lawyer & Attorney : Jason Krebs Law Firm : Branson, Tri-Lakes, Missouri: car accident, personal injury, food poisoning, medical malpractice, wrongful death

The League of American Bicyclists recently recognized Springfield, Missouri with a Bronze Level award  for encouraging citizens to ride bicycles for fun and transportation. While this isn't a declaration that all is safe to ride your bike anywhere in town, it is a start and not something bestowed on just every town.  I reviewed the application submitted for the award and was excited to see areas slated for improvement that could reduce bicycle accidents in Springfield

Springfield's total road network is reported at 1000 miles with 14 miles of total shared-use paths.  So 1.4% gives us a lot of room to grow.  I was encouraged to see that although we have just 4 current bike lanes, 130 were planned.  Additionally, only 15 paved shared use paths exist today, but 60 are planned.  As far as safety for the average cyclist, a shared use path is the best option to preventing bicycle accidents.  A bicycle lane is just a portion of the roadway marked for exclusive use by bicyclists, but a shared use path is defined by the League of American Bicyclists as a "bikeway outside the traveled way and physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent alignment."  The more separation between a bicyclist and a car, the safer the cyclist will be.  

Naturally, Springfield, nor many other cities, can support avid cyclists need for mileage on four shared use paths, so please be careful out there.  A "bike friendly" stamp of any color--bronze, gold or purple--it isn't going to keep you safe from an encounter with a car, nor will it prevent a bad or distracted driver from hitting you.  If you do have the misfortune of being on the more unfriendly side of cycling in Springfield and get injured in a bicycle accident, please give me a call.  As both a lawyer and a dedicated cyclist, I can help.

Read the full press release here: http://www.ozarkstransportation.org/NewsandPress/START-BFCPressRelease.pdf

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If you have been in an accident of any kind, you'll likely need your insurance company to help your pay the bills related to injuries and car or motorcycle repair.  If you want to maximize the amount an insurance company will pay you after an accident, you need to know the 8 things you shouldn't say to your insurance company.

1 – Anything immediately after the accident
The insurance company is not your friend and shouldn't be on your list of the first people to notify that you have been in an accident. Immediately after an accident you may be overwhelmed, scared, or even angry and it can influence what you remember and how you say it.  If you are injured, go to the hospital.  Worry about your injuries not the insurance company. There is plenty of time to call your insurance company later—after you have read through the rest of this list.

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In 2008, there were about 52,000 bicycle accidents with injuries although the number is likely higher as many accidents go unreported if there is no damage to the car involved. (By "bicycle accident" I mean one involving a bike and a car or other vehicle, not you doing an endo on the trail and breaking your arm.)  Bicyclists have the same right to use the road as any other vehicle and also the same responsibility to obey traffic laws.  Because of their size however, bicyclists can be more vulnerable to the inattentiveness of drivers.  The majority of accidents between bikes and cars occur at intersections and since the driver of the car may be checking email or texting at the stop sign, cyclists need to be extra vigilant about being sure that drivers see them.  Keep reading to see the most common types of bicycle accidents.

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 Mavic is known for making great bicycle wheels.  As I wrote in January of this year there was a problem with their new R-Sys model with the carbon spokes failing.

Here is a scary followup that happened to a VeloNews employee with one of the replacement wheels.

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There are some instances where an injured party can handle their own claim, but you should always speak with a personal injury lawyer before you contact the insurance company.

Here is a great post from the Texas Injury Law Blog.

Potential clients involved in an accident or injury claim that seek legal help or free advice from my law firm frequently ask this question--If I hire a lawyer and have to pay attorneys' fees, won't I end up getting less money in the end?

Nothing is guaranteed--however, I cannot remember a time when I had a client who, at first, was handling a claim on their own or was just about to settle with the insurance when they came to me with many questions and reservations about hiring a lawyer. They trusted our law firm, and it proved to be worth it in the end.

A couple of questions should come to your mind (1) if you were in need of surgery, would you try to do the surgery yourself ? , (2) do you really have what it takes to take on Big Insurance and an insurance claims adjuster who handles thousands of claims a year?

Remember, the insurance adjuster is not under oath when they are dealing with you and they are frequently trained to do absolutely everything in their power to deny your injury claim or pay you as little as possible. If you are thinking if it does not work out, I can always hire a lawyer later--think again. Commonly, people come in after trying to handle their injury claim with the "do it yourself" approach by giving the insurance company a statement unfavorable to their claim and missing crucial damages they are entitled to under the law.

If you have an injury lawyer or law firm who works your claim diligently and aggressively, your decision to hire a lawyer is more often than not worth the time. While most people are concerned about their property damage, I remind potential clients that vehicles can always be replaced, but you only get one body during your lifetime, if you do not look out for your health, who will?

Abraham Lincoln once said, "A man who represents himself has a fool for a client." 

If you have legal questions  with your personal injury claim give me a call for a free consultation. 

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 Over 62% of all  bankruptcies stem from medical bills, and even people with health insurance face financial disaster if they experience a serious illness, a new study shows.  

The study, prepared by the American Journal of Medicine, showed over a significant increase in medical related bankruptcies in the 6 years since the previous survey.  Also , interesting the study shows that most of the debtors were well educated, home owners and middle class.

Unfortunately most Americans are only one accident or illness away from losing much of what they have worked for their entire lives.  I can't count all the people in my office over the years who can't believe what is happening to them.   Anybody who tells you the current system is not broken, doesn't know what they are talking about or have a vested interest in the status quo.

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Here is an interesting press release I found from the City of Springfield

 April Crash Report Card
There have been three fatality crashes in Springfield during the first four months of the 2009, compared to three in the same time period in 2008. The number of total crashes has decreased by 1 percent, while the number of injury crashes has increased 2 percent, respectively, compared to the same period last year. There have been 2,319 total crashes from January 1 to April 30. Traffic crash statistics are tracked by the Public Works Department.

MAY SAFETY MESSAGE

In the past, the majority of vehicles using our roadways were automobiles and trucks. Today, there is a trend toward an increase in alternative modes of transportation on our city streets. Street designs that provide for alternative modes of transportation are referred to as “complete streets.” This new design approach strives to accommodate all users of the streets, including bicyclists and pedestrians, as well as citizens who use wheelchairs. Those modes of alternative transportation have been growing noticeably over the past few years for several reasons, such as health benefits, environmental awareness and leisure, or as a response to increased gasoline prices and our present economic situation. While the City of Springfield is making an effort to accommodate the increased need to make the roadways more multi-modal-friendly, motorists themselves need to develop the habit of looking for people who are taking to the streets using alternative modes of transportation.

Local crash data clearly shows the need to address pedestrian, bicycle and motorcycle crashes in our community:

In 2008, there were a total of 17 fatal traffic crashes in Springfield with 9 involving motorcycle drivers. There were only two motorcycle fatalities on Springfield’s roads in 2007. Through April 30 of this year, there have been 21 pedestrian crashes, of which 17 sustained injuries. In 2008, there were “only” 13 reported crashes involving a pedestrian in that same time period — with a yearly total of 53 pedestrians hit in Springfield. Also, through April 30, 2009, 16 bicyclists have been hit by motor vehicles, of which 13 sustained injuries. In the same time period in 2008 there were only 6 bike crashes. Throughout the year of 2008, a total of 71 bike crashes were recorded.

The numbers of pedestrians, bicyclists and motorcycles on our roadways are increasing, which is overall a positive development for our community. However, on the down side, most motorists have not yet realized that they also must adapt to having these alternative forms of transportation on our roadways.

Motorists need to develop safe practices, such as:

• Before making a right hand turn, always check your right mirror and blind spot for bicycles approaching on your right, and check cross streets for pedestrians and bikes that may be entering the street.
• Before making a left turn, check for on-coming motorcycles and bikes, and check the street for pedestrians walking in the crosswalk to your left before you turn. Motorists must yield to pedestrians whether they in or out of marked crosswalks.
• Always be extra alert when there is on-street parking, for pedestrians and especially children, who may step out between parked cars.
• After parking your vehicle, turn your head and check the street for bicyclists that may be approaching from the rear before you open your car door. Checking the car mirrors will not suffice.

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 1. Seek medical attention as soon as possible. 

2.  Get as many photographs of the accident scene and vehicles or objects involved in the accident as you can.  If you fell, get pictures of what you believe made you fall. YOU CAN NOT TAKE TOO MANY PHOTOS.  Make sure you have them "developed"or printed and safely stored on disk.  Do not leave them solely on your computer.  Now is not the time to save costs.

3.  Keep all medical records and bills that you receive.

4.  Keep a running list of all health care providers see.

5.  Immediately make a police report in case of any motor vehicle, motorcycle or bicycle accident.   Get  a copy of the police report.

6.  Keep a careful list of witnesses' names and contact information.  Get the name of the manager of the premises for any premises or slip and fall injury.

7.  Keep a list of all expenses or costs including lost wages you believe attributable to the accident.

Save your  prescription drug bottles and any casts, hardware, pins, braces, screws.  Save damaged personal property like clothing, eyeglasses, bicycles.  Anything damaged in the accident

Don't speak to anyone without the advice of an attorney.

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Here is more on my friend Roger's accident.   Clyde, North Carolina has a moron for a police chief.  

This is quite possibly the most idiotic thing I have ever seen a law officer say since Smokey and the Bandit, and I have heard a lot.  At least Jackie Gleason's Buford T. Justice was a great comedic performance.  

Roger was hit by the driver when the vehicle driver pulled out directly in front of him.

"In Hinson’s case, Dendy said there are “two ways to look at what caused him to hit the ground so hard” — be it the truck’s collision with the bike, or the rate of speed at which the bike was traveling.

Here is the best part.

“He was injured because he fell to the ground,” said Dendy. “The car didn’t run over him ... I feel like he was very lucky to walk away from that. But just because he was on a bike doesn’t mean I should treat him any differently. Isn’t that singling out a particular group, bikers? The guy feels terrible about what happened and has been very concerned about Mr. Hinson. What would it have done for his accident for this guy to get a ticket?”

Comments like this from those in the criminal justice system highlight the need to preserve everyone's right to access the civil justice system.

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Roger is a riding buddy of mine who was injured while visiting his mother in North Carolina.  The police chief's  response defies all explanation.  This is unbelievable.  No ticket for this accident.  

Get well soon Roger.  We are all thinking of you.

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 Terry Ganey of the Columbia Tribune has a great report about the new bill before the Missouri Legislature to ban texting while driving and the use of cell phones by school bus drivers.  I would hope that ever school district in Missouri already has a policy against their drivers from using cell phones while driving students.  

Blah, blah, blah. That woman who blithely ran the intersection’s red light, her cellular telephone stuck to her ear, what could she be talking about?

Blah, blah, blah. That young man on the cell phone behind the wheel of the car that nearly mowed you down as you crossed the street, what could be so important?

So far, the Missouri General Assembly believes everyone should have the right to drive a car and carry on these conversations despite what it might mean for traffic safety. For years, efforts in the legislature to prohibit automobile drivers from using cellular telephones have been unsuccessful.

Now there is a new attempt — to outlaw text-messaging while driving and to prohibit school bus drivers from using cell phones while transporting pupils.

“We need to change our mind-set about this dangerous behavior,” said state Sen. Ryan McKenna, D-Crystal City, the sponsor of both bills.

The article goes on 

Figures supplied by the Missouri State Highway Patrol show about 23 percent of the 900 fatal traffic crashes in 2007 were caused by inattention. Of that number, more than 6 percent of the fatal accidents were because of cell phone use.

McKenna presented his two bills to the Senate Transportation Committee last week. He said he had witnessed people driving while reading the newspaper, putting on makeup or eating cereal. Text-messaging is more serious, however, because it can become a compulsion.

“More people aren’t paying attention because they are texting while they are driving,” McKenna said. “What we see out there now, especially among young folks, is text messaging and not understanding how dangerous the vehicle they are supposed to be operating is. A lot of tragic things can happen.”

A joint survey conducted by AAA and Seventeen magazine of 1,000 teenagers in 2007 showed 61 percent admitted to risky driving habits. Of those, about half said they sent text messages and talked on cell phones.

 I couldn't agree more, in December I wrote about the texting while driving issue here and here.  I find it amazing that 6% of the fatal accidents are cell phone related.  I would be willing to bet it could be more, if there were a way to prove people checking their phone for messages in the moments immediately before the accident.  

If you or someone you love has been involved in a car crash accident involving a driver distracted by texting or a cell phone call or a driver charged with reckless driving in the Springfield, Branson, Lebanon, Southwest Missouri area, contact The Krebs Law Firm LLC for a free consultation with a lawyer regarding your injury claims.

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From the U.S. Consumer Product Safety Commission

Saris Cycling Group Recalls Stationary Bicycle Trainers Due to Fall Hazard

The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: Stationary Bicycle Trainers

Units: 2,000

Manufacturer: Saris Cycling Group, of Madison, Wis.

Hazard: A handle pin on the bicycle trainer can loosen during use, causing the machine to become disengaged, and pose a fall hazard to consumers.

Incidents/Injuries: No injuries have been reported.

Description: The recalled trainers are a stationary frame that allows bicycles to be converted into stationary bicycles. The recalled models include: CycleOps Pro Series Trainer models 9014 (SuperMagneto Pro), 9331 (JetFluid Pro), 9460 (PowerBeam Pro), 9321 (JetFluid Pro Winter Training Kit), and 9322 (SuperMagneto Pro Winter Training Kit) without the secondary locking pin. The model number and style names are printed on the left side of the main frame of the trainer.

Sold at: Independent bicycle retailers nationwide from October 2008 through November 2008 for between about $400 and $1200.

Manufactured in: United States

Remedy: Consumers with the recalled bicycle trainers should immediately stop using the product and contact Saris Cycling Group to receive a replacement trainer.

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It is all too often that a family  dealing with aging parents or grandparents must make a tough decision  to have the discussion with the elderly family member that it is time to stop driving.  It is a very difficult to tell a loved one that they are no longer capable of driving.  For many it means a loss of independence for the driver and additional responsibility for family.  My law office is located near several medical office buildings.  It is almost a daily occurrence to see an elderly driver heading the wrong way through the office park.  Missouri has a law designed to serve as a way for concerned family members, doctors and other professionals to anonymously report at-risk drivers without fear of reprisal.

The law ensures licensing decisions are based on a person’s functional performance and medical fitness to drive safely – not their chronological age; although the study found that the average age of reported drivers was 80 years old.  Missouri’s voluntary reporting law allows concerned family members, police officers, physicians, license office staff and others to report potentially at-risk drivers for re-evaluation and possible license revocation if they are found to be medically unfit to drive. In part, the law is in response to the efforts of the Suroff family of St. Louis, who lost their 21-year-old son, Jason, to a 92 year-old wrong-way driver with dementia. Missouri is one of 44 states to allow voluntary reporting (six states have mandatory laws).  AAA has made a recommendation that Missouri's law be implemented nationwide.

Researchers found that most reported drivers voluntarily gave up their licenses or opted not to follow through with the appeal process, which involves submitting a physician’s statement within 30 days. Based on the health status of the reported driver and physician recommendations, state licensing officials can implement immediate license revocation or require on-road testing to certify ongoing fitness to drive. At the completion of the study, only 144 of 4,100 (3.5 percent) of reported drivers retained valid licenses. While crashes and other on-road incidents were important factors in these drivers (one third were involved in crashes within 0-6 months prior to being reported), subsequent crash data indicate that these individuals likely ceased to be active drivers.

Unfortunately too many times family members don't take action until a car crash  has aldready occurred.  Many  elderly drivers are underinsured and can run the risk of having personal assets at risk in the event of a serious motor vehicle accident.  

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 Here is an important saftey recall for bicycle riders using the Mavic R-SYS wheelset.  

Mavic Saftey Notice.
This notice is addressed to users of R-SYS front wheels.
Annecy, January 5th 2009.

As part of its ongoing commitment to customer safety and satisfaction, Mavic has announced a voluntary recall of its R-SYS front wheels as a precautionary safety measure.

Mavic has identified that the carbon tubular spokes of the R-SYS front wheel may break during use in certain circumstances and causing the rider to lose control and possibly fall, potentially sustaining injury.

All models of Mavic R-SYS front wheels are concerned (R-SYS, R-SYS test, R-SYS Premium), whether purchased separately or as part of a bicycle. The wheels must no longer be used.

Consumers should immediately return their front wheel to a Mavic dealer; and a new upgraded R-SYS front wheel will be delivered free of charge. This exchange will start from 31st of March 2009. Until this date, and to facilitate the continued use of your bicycle, Mavic will offer a set of Aksium wheel that customers will keep after they have received the replacement R-SYS front wheel.

For any further question, please ask your Mavic Dealer,
or call the following number: 00 800 234 788 75
for USA and Canada: 1-800-664-9228
for Austria: 01 54663 5521
 

If you have not been hurt, they may wind up to be a pretty good deal if Mavic gets the problem figured out.  

If you have been injured by a bicycle wheel or frame failing or other similiar experience please tell me about it. 

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It has been a tough month or so for bicyclists around Springfield and Southwest Missouri.  

Here is a bizarre story that happened last night in Springfield, Missouri.  I certainly hope that this injured man has a speedy recovery.  I fear that the driver will have no insurance.  

This follows another incident from November in which a bicyclist was shot by people believed to be sighting in their deer rifle.

I spend a lot of time of a bicycle.  It is my primary hobby and I routinely see people completely disregard bicyclist on the road.   It may be pulling out in front of us, passing too close, passing while coming up to an intersection, passing then immediately stopping to turn.  

It is important for bicyclist to carry plenty of uninsured/under-insured motorist coverage on their automobile policy.  Make sure you discuss it with your insurance agent and put your requests for coverage in the event of a bicycle accident in writing to your agent.

Unfortunately for many riding a bicycle is not a hobby like it is for me, but their primary source of transportation and they have no applicable insurance coverage.

The Missouri Bicycle Federation offers the following for bicyclists:

On public streets and highways, you have the same rights and responsibilities as a motor vehicle operator.

Always ride with traffic, never against it. When operating at less than the posted speed or traffic flow, generally ride as near to the right side of the roadway as safe. The right edge of the road often has hazards like ditches, gutters, sand, gravel shoulders, and so on. Leave space between yourself and these hazards as needed for safety.

You may move more toward the middle or left of the lane or roadway, as appropriate:
when making a left turn,
when avoiding hazards,
when the lane is too narrow to share with another vehicle, and
when there is a right-turn-only lane and you are going straight.

Always check traffic and signal before changing lanes or changing your position within a lane. On a one-way street, bicyclists may also choose to ride as far left as is safe.

The law does not allow you to ride a moped on any part of the federal interstate highway system.

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 The single biggest thing you can do to reduce serious injury among children riding bikes, skateboards, Rollerblades and similar wheeled products?  

Make sure your kids wear a helmet every time they ride.  

Here are some pretty interesting stats from Safekids.org that back this up.

Bicycle, Rollerblade and Skateboard Safety

Key Facts
• Each year, approximately 140 children are killed as bicyclists.

• Children sustain more than 275,000 nonfatal bicycle injuries each year.
• Nearly 690 children are injured daily due to bicycle-related crashes.
• A total of 251,366 total child bicyclist injuries were recorded in 2005.
• An estimated 14,000 youth bicyclists were injured involving a motor vehicle in 2005.
• More than 70 percent of children ages 5 to 14 ride a bicycle regularly.
• National estimates report that bicycle helmet use among child bicyclists ranges from 15 percent to 25 percent.
• Apart from the automobile, bicycles are tied to more childhood injuries than any other consumer product.

Wheeled Sports Safety
• Each year, children between the ages of 0-14 years, sustain an estimated 38,155 roller skating injuries and represent 57 percent of all rollerblading/in-line skating injuries.
• Each year, there are approximately 61,000 injuries to children involving skateboards.
• In 2004, an estimated number of 18,743 head injuries were treated in emergency rooms due to skateboarding.

When and Where
• 53 percent of children (16 years and under) are killed bicycling on minor roads (connecting roads and neighborhood streets) compared to 46 percent killed bicycling on major roads (high-volume roads across cities and towns).
For motor vehicle-related bicycle crashes,
• 69 percent of child bicyclist deaths occur during warmer months (May - October)
• 58 percent of child bicyclist deaths occur at non-intersection locations.
• 70 percent of deaths occur between 2-8 p.m.

Who
• It has been estimated that 75 percent of fatal head injuries among child bicyclists could have been prevented with a bicycle helmet.
• Children are five times more likely to be injured in a bicycle-related crash than older riders (15 years and older).
• Males account for 82 percent of bicycle-related deaths. Males make up 70 percent of nonfatal injuries among children.
• More children ages 5 to 14 are seen in hospital emergency rooms for injuries related to biking than any other sport.

Proven Interventions
• Universal use of bicycle helmets by children ages 4 to 15 could prevent between 135 and 155 deaths, between 39,000 and 45,000 head injuries, and between 18,000 and 55,000 scalp and face injuries annually.
• Helmet use can reduce the risk of head injury by 85 percent and severe brain injury by 88 percent.
• Various studies show that bicycle helmet legislation is effective in increasing bicycle helmet use and reducing bicycle-related death and injury among children covered under the law.
• One study showed that within the five years of passage of a state mandatory bicycle helmet law for children ages 13 and under, bicycle-related fatalities decreased by 60 percent. Police enforcement increases the effectiveness of these laws.

Another thing that you can do is work to promote recognized bike lanes here in Springfield, Missouri.  We need more driver awareness and bikes lanes help.  Read this article and interview by Professor Andy Cline on his blog Carbon Trace.  He has some great tips about bicycle commuting.

Then go to one of the great local bike shops here in Springfield and sign the petition.  While you are there, pick up a helmet for your kids, grand kids, nieces and nephews.  They make a great Holiday gift.

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Keep these ideas from the Consumer Product Saftey Commission in mind while fighting the crowds this holiday shopping seaon.  Don't forget that helmet to go with that bicycle, skateboard or motorized scooter.

The holidays are here and the U.S. Consumer Product Safety Commission (CPSC) has its list. Parents and gift buyers are encouraged to check it twice. The CPSC issued its annual holiday safety messages, joined by U.S. Customs and Border Protection (CBP) and Safe Kids Worldwide, to remind parents to be diligent when making holiday shopping choices.

"CPSC, CBP and industry activity has been with one goal in mind, to keep the toys our children play with the safest in the world" said Acting Chairman Nancy Nord. "Vigorous inspection of toys, testing and law enforcement have made toys the safest this season."

For 2007, the Commission has reports of 18 toy-related deaths and CPSC staff estimates that there were about 170,100 hospital emergency-room treated toy-related injuries to children under 15. Most of the deaths were associated with airway obstruction from small toys, drowning, or motor vehicle accidents during play. Most of the injuries were lacerations, contusion and abrasions; the head and face was the area most frequently affected.

The top 5 toy hazards:

* Scooters and other Riding Toys - Riding toys, skateboards and in-line skates go fast and falls could be deadly. Helmets and safety gear should be worn at all times and be sized to fit.

* Small Balls and other Toys with Small Parts - For children younger than age three, avoid toys with small parts, which can cause choking.

* Balloons - Children under eight yrs. can choke or suffocate on un-inflated or broken balloons. Keep un-inflated balloons from children. Discard broken balloons at once.

* Magnets - For children under age six, avoid building or play sets with small magnets. If magnets or pieces with magnets are swallowed, serious injuries and/or death can occur.

* Chargers and Adapters - Charging batteries should be supervised by adults. Chargers and adapters can pose thermal burn hazards to children.

Once the gifts are open:

* Immediately discard plastic wrappings on toys before they become dangerous play things.

* Keep toys appropriate for older children away from younger siblings.

* Pay attention to instructions and warnings on battery chargers. Some chargers lack any device to prevent overcharging.

With the increased popularity of second-hand stores and on-line vendors, gift-givers should be especially vigilant to prevent the sale or purchase of hazardous products that have been recalled, banned or do not meet current safety standards. Before placing products in the second-hand market, check its recall status at www.cpsc.gov. Buyers should make sure their gifts do not include any of the recalled toys or children's products on CPSC's web site.

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I was recently reading an online newspaper article about a young girl that lost a leg in a bicycle/car accident. Several people posted some comments about tort reform and pain and suffering. The comments centered around the fact that they thought she received too much money. A few commentators even said they would give up a leg for such an award. Amazing.

We here in Missouri had tort reform passed at the request of the insurance industry and the medical industry in 2005. The idea professed at the time by the insurance industry lobby, was that large damage awards for pain and suffering were unfair and were driving costs up for everyone. It passed, however strangely my premiums have not gone down. Have yours? Hopefully the next Governor will work to overturn this injustice.

The polite term those that try to limit your rights to compensation use is “non-economic damages” instead of pain and suffering. Non-economic has a more clinical and sterile tone than pain and suffering, but what is pain and suffering? The Black’s Law Dictionary definition of pain and suffering is the “[t]erm used to describe not only physical discomfort and distress but also mental and emotional trauma. . . . .”

All that is true but the more accurate definition in my opinion is: how has this motor vehicle accident or semi truck crash impacted your quality of life? Quality of life is a pretty broad statement, but it defines the little things that make life enjoyable. Maybe for you it is bending over to pick up a grandchild or maybe it is fishing or running a marathon or riding your bicycle or working in your garden. Now imagine that you can’t do those things you enjoy anymore. Not by your choice, but rather told by someone else. Now imagine being told that your quality of life isn’t worth much.

We also represent the surviving families of victims of fatal car crashes, semi truck accidents, or other negligence cases throughout Missouri. Our experience with wrongful death litigation will help ensure that your family receives the caring client service you need through a difficult period of grief and transition 

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