Posts Tagged ‘Missouri Personal Injury Attorney’

Missouri Personal Injury Attorney Explains Missouri Wrongful Death Actions

Sunday, February 2nd, 2014

When a loved one has died, it is a devastating event that throws the emotional and financial lives of the survivors into chaos.  It may be difficult to know what legal rights that a surviving family member has and when a person can seek justice through the court system.  Although it may seem a little confusing upon first review, Missouri does have a clearly established hierarchy of when people can seek relief.

There is a tiered classification system of individuals who may pursue a wrongful death action based upon what level into which they fall and whether there is anyone in the higher tiers.  Although this sounds complicated, it is rather straightforward.  The class orders in which a person may legally maintain a wrongful death action are:

  • Tier 1 – The spouse or children of the victim or the lineal descendants of the victim’s children who have predeceased the accident victim (these would be the grandchildren or great-grandchildren of the victim).  The children who may maintain a legal action may be adopted or natural and do not have to be legitimate.  The parents of the victim also may bring a wrongful death case.  However, it is important to remember that there may only be one lawsuit.
  • Tier 2 – If there are no members of the Tier 1 classification, then the siblings of the accident victim may bring a wrongful death action if they are able to establish an entitlement to damages pursuant to Missouri Revised Statutes 537.090, which looks at expenses that the individuals may have incurred as a result of the death, along with the nature and extent of the relationship between the person seeking to bring the action and the decedent.
  • Tier 3 – If there are no eligible individuals in the Tier 1 or Tier 2 classifications, then the court may appoint a plaintiff ad litem, who will have the authority to bring a wrongful death action.  This step is taken when an application has been made to the court by a person who would have a right to a portion of any proceeds recovered in a wrongful death action.  The plaintiff ad litem is charged with pursuing the legal action in a fair and competent manner.  Some courts will require a bond to ensure that the plaintiff ad litem performs his role in the appropriate manner.  A person who may apply to the court for an appointment of a plaintiff ad litem includes cousins or more removed relatives who would inherit under a will or Missouri’s laws relating to intestacy, when a person dies without a will.

Under the current laws, stepchildren are not a part of the Tier 1 classification, which may lead to injustice under certain circumstances.  To correct this to the extent possible, Missouri courts may apply a legal doctrine known as equitable adoption under certain circumstances.  This device sets up a designation where the stepchild is deemed to have been adopted prior to the death of the accident victim, which creates legal grounds for a dependent stepchild to maintain a legal death action.  Although this does allow some otherwise ineligible individuals to bring a wrongful death action, it does not create a legal status that is equal to legal adoption.  The judge also may decide not to allow an equitable adoption designation if there is insufficient evidence to show that the dependent stepchild would suffer from a serious financial detriment if not permitted to pursue the case.

Losing someone you love in an accident can be devastating.  It is hard to think about bringing a legal action when you are trying to deal with the aftermath of the death.  However, it is important to get compassionate and knowledgeable wrongful death attorneys fighting for your rights as soon as possible.  At Hubbard & Kurtz, LLP, our team of Missouri Personal Injury Attorneys understands that you need to focus on your family, so we are ready to represent your interests and get the compensation that you deserve.  To schedule a time to learn about how we can help you through this terrible time, please call us at (877) 535-1163.

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Do I Have A Personal Injury Case and Will I Need An Attorney?

Friday, January 24th, 2014

If you are involved in an accident where the actions of another individual were negligent, you have a claim for a personal injury case. Typically, such accidents involve motor vehicles, including automobiles, motorcycles, trucks, and airplanes, among others.  Negligence is generally defined as the failure to exercise a degree of care that, under the circumstances, the law requires. For example, if a driver fails to stop his/her vehicle at a stop sign, as a reasonable person should, and an accident occurs, under the circumstances he/she could be considered negligent and responsible for damages. Such damages typically include emotional and physical injuries, or even death caused by his/her negligent actions.

Injuries sustained in an accident need not be only physical in order to pursue damages. Emotional distress is also a cause of action that may entitle you to compensation. In cases where death results from an accident, surviving family members can sue to recover damages through a wrongful death action.

For the most part, personal injury claims involve only minor injuries. However, do not let this discourage you from pursuing a claim, you may still be entitled to substantial monetary damages.  Whether you realize it, no matter how small your medical expenses may seem initially, they can easily accumulate. Medications, hospital visits, and/or therapy can all be recovered. Furthermore, in situations of extreme negligence, punitive damages may be recovered to ensure the conduct causing the accident is not repeated again.

When pursuing personal injury damages, generally, there are two ways to approach a claim for compensation—litigation and mediation.  Litigation is considered the more traditional route, whereas mediation has only become more popular in recent times.  In fact, during the past several years, mediation has become an even more widely used method than litigation when reaching a reasonable compromise settlement in personal injury or wrongful death claims. Especially with cases that could be potentially expensive and difficult to litigate, mediation has been the choice method. Mediation, when administered effectively, allows for quicker results, ending the claim with less costs to the client, and equally satisfying results. It is an extremely cost-effective process for all parties involved. In cases where mediation fails, the dissatisfied injured individual can pursue litigation and a jury trial without any additional penalties.

Once there has been a determination that damages can be pursued in a personal injury claim, many people contemplate if they really do need to hire an attorney to handle their case.  Besides reducing a client’s stress, managing all procedural aspects of the case, and having extensive knowledge and experience to produce a successful outcome, it is more likely than not, there is a better chance a personal injury attorney will secure more damages than you will be able to for yourself.

When choosing a personal injury attorney, there are several factors to consider in terms of whether they are qualified to handle a particular case.  It is important to ask certain questions when seeking counsel in order to determine if an attorney is right for you. For example, how long the attorney has been in practice, does he/she have experience with similar cases, what are the monetary results the attorney has recovered for previous clients, is the attorney prepared to take your case on a contingency basis, and does he/she have the financial resources necessary to do so.

When it comes to the costs of hiring a lawyer to handle your claim, a personal injury victim with a strong case generally will not have to pay any out of pocket expenses. Most reputable and experienced attorneys in this area of practice will agree to take the case on a contingency basis, by covering all expenses during the trial, and recovering his fee as a percentage of the damages awarded.

If you are involved in a Missouri personal injury claim and seeking legal advice, contact The Law Offices of Hubbard & Kurtz, L.L.P. today at (816) 472-HOPE (4673). Our experienced staff of attorneys will assist you with all legal questions and concerns associated with your auto accident claim.

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Missouri Pedestrian Accident FAQs

Sunday, August 4th, 2013

The severity of injury and probability of fatalities are extremely high when a pedestrian is struck by a motor vehicle like a car, truck or SUV.  Because even an economy car may weigh several thousand pounds, the impact between the human body and more than a ton of steel and solid plastic can result in permanent debilitating injuries and wrongful death.  Although the increasing number of people that walk, jog or run to shed pounds and maintain a healthy lifestyle puts all pedestrians at-risk, kids and elderly pedestrians face the greatest probability of being struck by a moving vehicle.  Because of the high probability of life-altering injuries when pedestrians are struck by motor vehicles we have provided answers to common questions we receive about pedestrian accident claims.

What should a pedestrian do after being hit by a motor vehicle?

The first priority in this situation is to allow medical personnel to check you out and cooperate with any attempt to take you to the hospital.  While this is obviously the best way to ensure a more positive prognosis, there also are many pedestrian injury claims that result in less significant recovery because the injury victim delays seeking a medical diagnostic exam and treatment.  If you are with family or friends, you also may have them obtain the names and contact information of potential witnesses to the pedestrian collision.

Do I really need a lawyer given that the driver will almost always be at-fault?

While it is true that drivers are expected to exercise a high degree of care to avoid hitting pedestrians with their vehicle, there are situations where drivers are not found liable for injuries to a pedestrian.  If a child darts into the street from behind a parked car so that the driver has no opportunity to stop in time, this may be a situation where a driver is not found to be at-fault.  This defense is sometimes referred to as the “darting child defense.”  Insurance carriers regularly use this defense and similar types of claims to shift the responsibility for a pedestrian collision to the injured pedestrian.  Even if this defense is not applicable, insurance carriers frequently try to blame the injury victim to reduce the amount of damages their insured is ordered to pay, but a Missouri pedestrian accident lawyer will have the experience to effectively rebut this type of claim.

Can I still seek compensation for injuries suffered in a pedestrian accident if I was crossing the street in the middle of the block?

While the most clear cut circumstances where liability will be imposed on a driver in a pedestrian accident involves pedestrians crossing the street at intersections or crosswalks, the fact that someone is jaywalking does not preclude a successful claim for damages.  Drivers must still exercise reasonable care to watch for and avoid hitting pedestrians even when they are crossing the street at a place where they would not regularly be anticipated to cross.

What are the most common causes of pedestrian accidents in Missouri?

Although there are many reasons that drivers hit pedestrians, some of the most common causes involve the following:

  • Alcohol or drug impaired driving
  • Not reducing one’s speed in a school zone
  • Distracted driving (i.e. using a cell phone to text or call)
  • Running red lights or stop signs
  • Violating the speed limit
  • Disregarding flashing lights and signs on school buses
  • Failure to anticipate pedestrians near school zones, parks and shopping center parking lots

These are just a few of the questions we often hear from those who have been injured in a pedestrian accident in Missouri.  If you or someone you love is injured or a family member dies in a Missouri pedestrian car crash, we urge you to contact us so that we can answer your specific questions.  Our experienced Missouri pedestrian injury attorneys at Hubbard & Kurtz, LLP work diligently to obtain financial compensation for our clients’ injuries so contact us toll free at (877) 535-1163 to see how we can help!

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