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​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.
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  • 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.
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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. 

Winter Storm Damage 101

Callie Miller - Tuesday, February 17, 2015

 

Are you responsible if fallen snow from the top of your vehicle causes damage to another vehicle while driving down the road? What about if a fallen tree limb from your yard damages your neighbor's roof? 

 

Winter storms can wreak havoc on the roadways and at homes and businesses. These FAQs from the Missouri Department of Insurance help clarify some basic liability issues:

 

What coverage is available for debris removal, power outages, lightning, frozen water pipes, water damage due to the breakage of frozen pipes, and the weight of ice and snow causing a roof, porch, or deck to collapse?

  • Debris removal for trees: Generally speaking, the insurance company will pay up to $500 for the removal of trees from the premises if the tree damages your home or other insured property. That coverage includes removing a neighbor's tree that fell on your property. It doesn't matter who owns the tree, just that it causes damage to an insured building or fence.
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  • Power outages: The typical homeowners policy excludes from coverage damages from power outages unless they result directly from covered "perils" (wind, hail, lightning, etc.). For example, if lightning strikes the house and causes a power interruption, the consequent spoilage of food in a freezer is covered.
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  • Lightning: Damage caused by lightning is covered.
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  • Frozen water pipes: The typical policy covers repair of frozen pipes and the damage they cause. An exception can occur when the dwelling is vacant or under construction unless you use reasonable care to a) maintain heat in the building or b) shut off the water supply and drain the system and appliances of water.
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  • Weight of ice and snow causing roof, porch, deck to collapse: The typical homeowners policy covers damage involving collapse of an insured building or any of its parts caused by the weight of ice, snow or sleet.
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What coverage must I have on my auto policy to cover repairs if ice fell on it and damaged it?

Comprehensive coverage will pay for ice falling on the auto.

Does a vehicle's owner have responsibility for ice falling off a vehicle and damaging the car behind it? Does the vehicle owner have any duty to clean off the vehicle before it is driven down the highway?

Generally, owners whose cars are damaged file these claims under their comprehensive or collision coverage, depending on the circumstances.

What about car accidents occurring on the ice?

Missouri is a "comparative negligence" state. In other words, if you file a claim under the other driver's liability policy, an insurer may find that both drivers were at fault and only pay partial costs for repair of your car. However, DIFP requires the insurer fully investigate the accident and document its basis for that determination.

You can read more Winter Storm FAQS at:  http://insurance.mo.gov/consumers/weather/winterstormFAQ.php. And if you're seriously injured and another party is at fault, speak with an attorney at Cook, Barkett, Ponder & Wolz to learn more about your rights. 

 

 

Comparative fault – seeking damages when you’re partly responsible for a wreck

BOLD Marketing - Monday, August 04, 2014

Missouri, along with 12 other states, recognizes what’s known as the Pure Comparative Fault Rule. 


This allows 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.


An easy way to look at comparative fault is to imagine a car wreck, with one driver running a red light and a second driver speeding. Each driver contributed to the accident. In court, a jury or judge would determine how much fault each driver has in the crash.

If the person who ran the light is primarily responsible, he or she might be 65% at fault; the second driver would then shoulder 35% of the fault. Each party would then collect damages equal to their percent of fault. For example, if the first driver who ran the light had $55,000 in damages, he or she would collect 35%, or $19,250. If the second driver (speeding), also had $55,000 in damages, he or she would collect $35,750 (65%) from the first driver, who was held primarily responsible.

In contrast, Contributory Negligence – used in a handful of states – essentially holds that if you contribute to your own injury, you can't hold anyone else responsible for it. In that situation, neither driver would collect damages.

If you have been in an accident, and would like more information about your options, don’t hesitate to reach out. We’re always happy to provide a free case evaluation.


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

© 2017 Cook Barkett Ponder & Wolz. All Rights Reserved. Unauthorized use prohibited.

1-877-337-6651

  1-877-337-6651

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

© 2017 Cook Barkett Ponder & Wolz. All Rights Reserved. Unauthorized use prohibited.