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Crash factors series: Color-coding car wrecks

BOLD Marketing - Tuesday, March 21, 2017

Are some vehicle paint colors more dangerous than others?

 

There’s no easy answer to that question. Various studies over the last decade have analyzed the possible correlation between vehicle color and crash rates, with differing results. But one common finding among multiple studies is that black vehicles seem to be involved in more wrecks than vehicles of other colors.

 

In 2013, the Accident Research Center at Monash University in New Zealand studied data from 850,000 crashes over a 20-year period, and determined that black vehicles were 47 percent more likely to be involved in an accident than white vehicles (attributed to lower visibility on roadways).

 

But there are far more recognizable contributing factors to auto crashes than car color, such as distracted driving. If you or a loved one has been injured in a vehicle collision and someone else is at fault, it’s important to educate yourself on your rights.

 

Learn more about the process for filing a claim: Client Resources

 

The choice of a lawyer is an important decision and should not be based upon advertisements alone.

5 Laws You Need to Know if You’re Injured Abroad

BOLD Marketing - Thursday, April 28, 2016

Injuries can happen anywhere, at home, at work, and even while traveling. Experiencing an injury can be difficult, especially in another country, and knowing your rights can help improve your compensation.

 

Automobile Collisions in Another Country

Anytime you rent a car, be sure you are covered by your personal insurance, or purchase rental insurance through the rental agency. Suing another driver for damages depends on the law in the country where the incident occurred.

 

Receiving Medical Care Abroad

We understand that emergency surgery cannot be avoided whether you are stateside or abroad. Just as personal injury claims differ in other countries, bringing a malpractice suit may vary in other countries as well. Before bringing a claim, speak with an attorney to become more knowledge of the laws in the country where you received medical care and if your case if viable within the country’s legal system.

 

Suing for a Personal Injury Sustained Abroad

Legal systems vary from country to country, however, in most foreign countries if you sustain an injury statutes and legal protections may be in place for you to be compensated for your injuries.

 

Injured on a Business Trip Abroad

Worker’s compensation claims solely rely on the injury occurring due to a work-related task. If you experienced an injury while traveling abroad for work purposes, and were performing a work function, you may have a claim for worker’s compensation.

 

 

If you have been injured at the fault of someone else, always consult with an attorney to learn more about your options. For questions contact Cook, Barkett, Ponder & Wolz for a free case consultation, 1 (877) 337-6651.

 

 

The choice of a lawyer is an important decision and should not be based solely on advertising.

 

4 Factors That Impact The Value of Your Case

BOLD Marketing - Tuesday, April 12, 2016

Every personal injury claim is unique, but there are common factors that affect the viability of your case. Knowing what those are can help you improve your chances of fair compensation.

 

FAULT

If the negligent party is clearly 100% at fault for your injury, this increases your case value. If your own actions contributed to some degree, you are less likely to receive full compensation. However, just because you may be partially at fault, does NOT mean you aren’t eligible to recover some damages. Missouri recognizes what’s known as the Pure Comparative Fault Rule, allowing a damaged party to recover even if he/she is 99 percent at fault, although the recovery is reduced by the damaged party’s degree of fault.

 

MEDICAL EXPENSES AND RECORDS

If your medical costs and treatment are well documented and are proportionate to your injuries, this will likely improve your claim. However, if your treatment was of short duration and had no objective confirmation of injuries, that may have a negative effect. If you’ve been injured and another party is responsible, it’s important to seek appropriate medical treatment, and secure related records of that treatment. A detailed narrative report from your physician is more effective than a standard, fill-in-the-blank medical form.

 

 

THE EXTENT OF YOUR INJURIES

An objectively verifiable injury (like a broken bone), or a permanent injury (loss of limb) help substantiate a personal injury claim, versus subjective injuries such as whiplash or pain and suffering that may not be verified with diagnostic tests.

 

LOSS OF INCOME

If your lost wages are well documented and easily verifiable, this will help support a personal injury claim. On the other hand, loss of income that cannot be confirmed may hamper your case.

If you’ve been injured and someone else is at fault, always consult an attorney to learn about your options. To take advantage of a free case evaluation from Cook, Barkett, Ponder & Wolz, call 1 (877) 337-6651.

 

The choice of a lawyer is an important decision and should not be based solely on advertising.

Stages of a Personal Injury Case

BOLD Marketing - Thursday, March 24, 2016

Every personal injury case is unique – different contributing factors, different timelines, different impact on the victim’s life. Understanding the stages your case may go through will help you assist your attorney achieve the best possible outcome and also prepare you for the legal process.

 

Your Initial Case Evaluation

During this stage, you will have the opportunity to meet with a personal injury attorney to determine if he or she should represent your case. It’s important to ask questions during this meeting, as well as bring important documents that help the attorney understand your case, such as medical records and accident reports. Once you’ve agreed to work with an attorney, he or she will investigate claims and review documents you’ve provided while evaluating evidence.

 

Litigation Begins

Your attorney may next send a demand letter to the individual or company you intend to sue, demanding compensation on your behalf. In the next step, your attorney will file a legal complaint with the county clerk, listing your allegations. Once the complaint has been filed and the defendant has been officially served, the litigation process begins. A defendant will typically file a response to your complaint with the courts, which serves as an answer to your allegations.

 

The Discovery Process

During this stage, known as discovery, information is exchanged between both parties and their attorneys. This may be a lengthy process, depending on the complexity of the case.

 

Depositions

Depositions are part of the discovery process. These meetings between attorneys, plaintiff, defendant and witnesses serve as official statements regarding the case. Depositions do not substitute for testimony during a trial, but allow each side to learn everything possible before taking the case to court.

 

Summary Judgment

A summary judgment is a court motion made after both sides have collected their respective evidence during discovery. This judgment, which is based on declarations under oath, depositions and admissions of fact, decides which side is most favorable in a lawsuit prior to a trial.

 

Going to Trial

In many cases, if a summary judgment favors the plaintiff, the parties may reach a settlement agreement. If the case is not settled out of court, it will then go to trial to be heard in front of a judge or be tried by a jury. If the defendant is found guilty, the judge or jury will then decide how much compensation to award.

 

Appeals Process

If either side believes an error was made in the case, they may seek an appeal. In this process, the appeals court will review in detail everything that was presented at the initial trial to determine an outcome.

 

 

Have questions about the process? Contact Cook, Barkett, Ponder & Wolz today.

 

Missouri car wreck statistics

BOLD Marketing - Tuesday, January 26, 2016

Missouri’s beautiful landscapes, rivers and tourist attractions bring in much traffic in and around Southeast Missouri. Many commercial and passenger vehicles regularly use our highways, along with our locals and visitors, to travel through the state. Car wrecks can still occur even when drivers are being cautious and obeying all traffic and speed laws.

 

Cook, Barkett, Ponder & Wolz is dedicated to finding justice for victims suffering catastrophic injuries due to car wrecks. According to the latest statistics published by the Missouri Department of Transportation, in 2013:

- 2,286 car wrecks occurred

- 377 people died from car wrecks

- 1,909 people were severely injured by a car wreck

 

The three main causes of car wrecks are distracted driving, speeding and drunk driving. Distracted driving continues to be the No.1 leading cause of car wrecks in America. Examples include talking on the phone, eating, reading, fixing make-up or talking to passengers. Speeding contributes to about 1/3 of all car wrecks.

 

It’s not worth it to send that text that can wait, drive under the influence or speed to get somewhere just a few minutes sooner. If you or someone you know has been injured in a car wreck, please call us at 1-877-377-6651 for a free case evaluation today. We care about our clients, and keeping our community safe. That’s the reason we get up every day and do what we do. We don’t sue unless we have to, and we only take cases we believe in.

 

 

5 Steps to Take After a Car Wreck

Callie Miller - Tuesday, July 28, 2015

A car wreck can be a traumatic experience for anyone. Even if damages are minor and both parties are uninjured, you may find yourself panicking about what to do next. 


Here’s a list of important steps to take following any crash, no matter how severe:

 

Step 1.) Stay calm. This is the most important thing you can do in this type of situation. Assess the situation to determine the extent of damage.


Step 2.) Be safe. Make sure that you and any passenger(s) are unharmed. After a car wreck, always protect the scene and avoid causing additional collisions by moving your car to the side of the road if possible. At night, use flares or reflectors to alert oncoming traffic.


Step 3.) Contact emergency responders right away. If there are injuries, request an ambulance.


Step 4.) Each driver must contact his or her insurance company regardless of who is at fault. The sooner the insurance company knows, the sooner they can start resolving the claim.


Step 5.) Never give an oral statement to the other driver’s insurance company without speaking to an attorney first. If you are contacted, politely decline to talk.

 

We care about our clients. It’s that simple. That’s the reason we get up every day and do what we do. If you are in need of legal assistance please call 573-335-6651.

​8 Reasons CBPW is right for your case

BOLD Marketing - Wednesday, June 03, 2015

 

 

1.We have over 101 years of combined legal experience.

 

2.Partner Michael Ponder has over 25 years’ experience and was awarded the Lon O. Hocker Award from the Missouri Bar.

 

3.$2.55 Million Settlement in Electrocution Case.

 

4.We’ve litigated cases from Kansas City to Cape Girardeau, from Phoenix to Philadelphia and Miami to Minneapolis.

 

5.Partner Kathleen A. Wolz holds 30 years’ experience with very impressive appearances at the state and federal court levels.

 

6.We’re at home in the Federal Courts, the Courts of Appeals and the State Court systems.

 

7.$4 Million Verdict in Industrial Explosion.

 

8.Partner Phillip Barkett has been admitted to the Missouri, Massachusetts and Indiana Bar, practicing for over 42 years.

 

Since its founding, Cook, Barkett, Ponder and Wolz has represented clients throughout Missouri on a wide variety of cases including personal injury, insurance litigation, long term disability insurance claims, medical neglect, mechanical product defects, business disputes, breach of contract claims and construction and job site injuries.

 

For more information and practice areas visit cbpw-law.com.

Injury - What are my rights?

BOLD Marketing - Thursday, May 28, 2015

If you are involved in an accident, what are your rights? Most people know they are eligible to hire a lawyer, but what are you really entitled to? Every case is unique, but we have narrowed down the top rights you may receive if someone else injures you:

 

  • 1.Past Medical Expenses. If you sustain medical expenses as a result of injuries due to someone else’s negligence, you may be eligible to demand they pay your medical expenses. However, they are not required to pay those expenses until you settle your claim.
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  • 2.Future Medical Expenses. If you suffered a permanent injury as a result of someone else’s negligence and will require medical treatment in the future, you are entitled to demand that the person who injured you pay for that now, rather than in the future.
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  • 3.Past Lost Wages. If you missed work and were forced to use sick leave or vacation days or lost income as a result of someone else’s negligence, you are entitled to demand that the person who injured you reimburse you for the wages you lost.
  •  
  • 4.Future Lost Wages. If you are unable to return to work as a result of the injuries you suffered, you are entitled to demand that the person who injured you compensate you for the wages you will lose in the future.
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  • 5.Incidental Out-Of-Pocket Expenses. If you incur out-of-pocket expenses such as hiring a babysitter, mowing your lawn or cleaning your house as a result of injuries you sustained from an accident, you are entitled to demand reimbursement.
  •  

We want to be part of our clients’ reason for moving forward, overcoming adversity and taking back their lives. And we’re here to make sure they get everything they need in order to do that. For more information or for a free case evaluation visit CBPW-law.com. 

Pedestrian Traffic Accidents

BOLD Marketing - Monday, April 06, 2015

Although most people think of traffic wrecks as comprising of two – or more - motorized vehicles, we cannot overlook the unfortunate accidents involving a vehicle and a pedestrian.

 

  • -   In 2012, 4,743 pedestrians were killed in traffic crashes and 76,000 pedestrians were injured in the United States.

-   3 out of 4 pedestrian fatalities occurred outside of daylight hours.

-   8 out of 10 pedestrian fatalities occurred outside of intersections.

 

Over and over, we have seen the catastrophic impact those situations have on the lives of our clients and their families. That impact is what makes us so dedicated to this field of work. If you or someone you know has been affected by a pedestrian accident, please call 573.335.6651 to learn more information on how Cook, Barkett, Ponder & Wolz can help.

​Recent Recalls: Motor Vehicles

BOLD Marketing - Monday, March 23, 2015

Recent Recalls: Motor Vehicles

 

Manufacturers have a responsibility to ensure their products are safe for users, and to follow engineering standards that build in safety. Still, every day at worksites around America, in homes and on our roads, product failures result in tragedy for those who should be protected because manufacturers take shortcuts to make profits at the expense of safety.

With that being said, we have made a convenient list for you to browse regarding recent Motor Vehicle Recalls*.

 

  • Ford Motor Company (Ford) is recalling certain model year 2014 Ford Escape vehicles manufactured April 15, 2014, to May 8, 2014, and 2015 Lincoln MKC vehicles manufactured April 21, 2014, to May 15, 2014.
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  • Kia Motors America (Kia) is recalling certain model year 2014 Kia Forte vehicles manufactured December 5, 2012, to April 17, 2014.
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  • Nissan North America, Inc. (Nissan) is recalling certain model year 2014-2015 Nissan Pathfinder and Infiniti QX60 vehicles manufactured August 14, 2014, to November 5, 2014, and 2014-2015 Nissan Rogue vehicles manufactured August 12, 2014, to November 15, 2014.
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  • Southeast Toyota Distributors, LLC (SET) is recalling certain model year 2013-2015 Toyota Rav4 vehicles manufactured June 1, 2013, to December 29, 2014, and equipped with an accessory trailer light module.
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  • Toyota Motor Engineering & Manufacturing (Toyota) is recalling certain model year 2014-2015 Toyota Prius V vehicles manufactured November 7, 2013, to January 7, 2015.
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* http://www.recalls.gov/recent.html


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