Archive for the ‘Injury’ Category
What a St. Louis car accident attorney must prove
What must a St. Louis Car accident attorney prove for me to collect?
If you are injured in a car accident, you may be confused about what your rights are. Many people feel as though they are obligate to work with the insurance companies alone to get a settlement for repairs and medical bills. In most cases, contacting a St. Louis car accident attorney is the best thing you can do. You should contact an attorney prior to speaking with the insurance company. Many factors must be proved in order to sue for your car crash.
Duty and Breach of that Duty.
You must prove that the person who injured you had a duty to you. In the case of a car accident, a driver has a duty to drive safely. If a driver causes an accident because he failed to stop at a stop sign, he had a duty to stop and he breached it. A St. Louis car accident attorney will have to prove these two elements in court.
Actual Cause.
We call this the “but-for” test. In other words, you must prove that, but for the other party’s actions, you would not have been injured. In the case of someone running a stop sign, you would not have been hit had the driver actually stopped. You would not be hurt but for the defendant’s actions.
Proximate Cause.
Your St. Louis car accident attorney will also have to prove that the other party’s actions were the proximate cause. Using the stop sign example, let’s say the other party ran the stop sign and hit another car instead of yours. The other car, due to unforeseen circumstances, had it’s wheel come off because the auto shop had not secured it properly. The wheel hit you and caused your injuries. You must prove it was the running the stop sign that was the proximate cause and not something else.
Proof of Injury.
If you have suffered an injury in a car accident that was caused by another driver, you should immediately seek medical treatment. In order to prove injuries sustained by the accident you will need a written diagnosis signed by a licensed physician. Once you have obtained the diagnosis, you should contact your St. Louis car accident attorney for information on how to file the lawsuit. When suing for injuries, you may be entitled to lost wages, medical bills and loss of enjoyment from hobbies. Injuries that will require long term treatment should be calculated for past, present and future medical expenses related to the treatment.
Hiring a St. Louis car accident attorney can help you determine if you have a valid case as well as help you to win your case. Being injured in an auto accident can be stressful; a St. Louis car accident attorney can help alleviate some of the stress as you recover. If you considering suing for a car crash, contact a St. Louis car accident attorney today.
Please contact me today so we can discuss your personal injury case.
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Sean C. Paul is a Missouri Personal Injury Lawyer. His practice is located in south St. Louis County. He can help you with your personal injury case.Sean C. Paul will give you the individual attention you deserve. He will meet with you one-on-one to determine if he can help you win your personal injury case. |
Cases a Missouri Personal Injury Lawyer can help with
Cases a Missouri Personal Injury Lawyer can help with.
A personal injury is any injury sustained by you due to the negligence of a third party. If you have been injured you must act fast. Contacting a Missouri personal injury lawyer will help you figure out what your options are. There are many types of personal injury cases that can be filed depending on how your injury occurred.
Vehicle Accidents.
If you have been injured in a vehicle accident, you should consult with an attorney. Injuries caused by vehicle accidents account for most personal injury cases that are filed. Don’t try to settle on your own. The other party’s insurance company is only looking out for their client’s interests. Vehicle accidents can cause long lasting injuries. By filing a personal injury case, you can be compensated for any losses your injury caused. An example would be if you are no longer able to work or to enjoy hobbies due to the injury. A Missouri personal injury lawyer can help you decide if you have a good case.
Medical Malpractice.
If you have ever had medical or dental care that has caused further injury, you may not know that you can file a personal injury case. Many people make the mistake of simply filing a medical malpractice claim with the doctor’s insurance company. A personal injury case will allow you to be compensated for past, present and even future expenses. In these types of cases, you must prove that your provider knowingly mistreated your condition that led to further injuries. Types of malpractice injuries can include brain damage, injuries from birth and paralysis, to name a few. A Missouri personal injury lawyer will advise you.
Slips and Falls.
Whether you fall on an individual’s property or the property of a business, you can sustain major injuries. If the property owner kept the property in an unsafe condition, you may have a good case. Unsafe can include a wet floor that the owner had time to clean up prior to the fall. It can also include objects left lying around.Contact a Missouri personal injury lawyer if you feel this applies to you. You may be tempted to speak with the store manager or property owner but anything you say will be used against you if you file a personal injury case.
Product Liability.
Recently there have been numerous product recalls due to injuries caused by products. If you have been injured by a product, you might be able to file a personal injury case against the maker. These injuries can be burns due to electrical shorts or brain and spinal injuries caused by falls. Contacting a Missouri personal injury lawyer can help you get the money you deserve for your injuries. Remember that in these types of personal injury cases you must prove the product maker did something wrong.
Please contact me today so we can discuss your personal injury case.
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Sean C. Paul is a Missouri Personal Injury Lawyer. His practice is located in south St. Louis County. He can help you with your personal injury case.Sean C. Paul will give you the individual attention you deserve. He will meet with you one-on-one to determine if he can help you win your personal injury case. |
Personal Injury Case – what do you need to prove?
What Makes a Good Personal Injury Case?
If you have been injured in an auto accident or in a business, you may be wondering what makes a good personal injury case. Before a personal injury attorney will take your case, the attorney will look at several factors to determine if the case is worth pursuing. You should personally review these items before you contact an attorney about your case. This will save you time and money on the consultation process. Many attorneys will not charge unless you are awarded damages for your injury and are therefore cautious about taking cases without valid reasons.
The first thing you must prove to win your personal injury case is that the defendant is liable for the damages caused. The defendant must have a duty to you and must have breached that duty. In an auto accident, a ticket issued to the defendant for a traffic violation causing the accident can prove the defendant had a duty and that he violated it. If you are injured in a slip, trip or fall, you will need to prove that there was a hazard on the ground that had been there long enough for the defendant to take care of it, and that he had a duty to do so.
You must prove that the defendant was the cause of your injury. In a car accident case, if the defendant was speeding and lost control, he was likely the cause of your injury. However, if another car hit him and and then he hit you, he may not be at fault.
The next thing you must prove before your personal injury attorney will agree to take your case is actual damages. These must be real injuries such as broken bones, spinal damage, stroke or heart attack caused by the accident. A good personal injury attorney will not take a case based on fake injuries or refer you to their doctor in order to increase the amount of medical bills in your case. In order to prove real damages you must have been treated immediately after the accident and be able to provide medical documentation proving the extent of your injuries.
Because most personal injury attorneys do not charge their client unless they are awarded monetary damages in their case, they will thoroughly check the defendant’s ability to pay on the claim. This will include checking the status and amount of coverage available through insurance. If they find the defendant has little to no insurance coverage, he or she will advise you that your chances of collecting on the judgment are not good.
If you are unsure of whether or not you have a valid personal injury case, contact a personal injury attorney immediately to have your potential case reviewed.
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Sean C. Paul is licensed to practice law in the State of Missouri. His practice is located in south St. Louis County. He can help you with your personal injury case.Sean C. Paul will give you the individual attention you deserve. He will meet with you one-on-one to determine if he can help you win your personal injury case. |
The truth about the McDonald’s coffee lawsuit – St. Louis Personal Injury Lawyer
St. Louis Personal Injury Lawyer
The truth about the McDonald’s coffee lawsuit
One of the most controversial and ridiculed cases in history was the 1992 lawsuit against McDonald’s for it’s alleged negligence in the way it served it’s coffee. As you may recall, a woman was burned after she spilled coffee in her lap after going through the drive-through at McDonald’s. The outcome of this case left many people scratching their heads: how could she not have known that spilling hot coffee on herself would cause her injury? Wasn’t she also to blame?
In order to better understand this case, we must understand the facts behind this case. At the time, the McDonald’s Corporation had a policy to serve coffee at around 185 degrees Fahrenheit. Your typical household coffee maker will make coffee at around 150 degrees. An expert for the Plaintiff testified that the McDonald’s coffee was so hot that it would cause severe burn to human skin in two to seven seconds. The expert further testified that lowering the temperature by 30 degrees would significantly reduce the chance of burns.
And, despite media reports and the hype surrounding the case, the jury never found that the plaintiff was attempting to both drive and handle the coffee at the same time, leading to the injury. The jury simply found that the temperature was so extremely high that McDonald’s was negligent in the way it served its coffee. In fact, McDonald’s had received several hundred complaints about being burned.
You can read more about this case here: http://www.lectlaw.com/files/cur78.htm
If you have been injured, call a St. Louis Personal Injury Lawyer today! 314-827-4027
Sean C. Paul, Attorney at Law
St. Louis Personal Injury Lawyer