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What Not To Do After A Car Wreck

BOLD Marketing - Wednesday, February 15, 2017

If you ever find yourself in a vehicle crash, regardless of who’s at fault, it’s important to know what you should – and should not – do to keep yourself safe and protect your potential legal claim.

 

Don’t leave the scene

If you can, move your vehicle a safe distance away from oncoming traffic but don’t leave the scene of a crash without speaking to law enforcement. If possible, take photos of the crash scene in addition to exchanging insurance information with others involved in the incident.

 

Don’t admit fault

Missouri recognizes the Pure Comparative Fault Rule, which allows a damaged party to recover even if he/she is 99 percent at fault. Even if you contributed to a vehicle crash, if others drivers are also at fault, you may still have a personal injury claim and be able to recover damages. So it’s important not to admit fault, especially to the other party’s insurance company.

 

Don’t avoid medical care

If you’ve been in a vehicle crash, you should seek medical care even if you don’t feel like your injuries are serious right after the incident. It’s possible to sustain long-term injuries – such as spinal or brain injuries – that aren’t immediately apparent right after a collision. Not seeking medical care can impact your personal injury case.

 

Don’t try to go it alone

An experienced personal injury attorney can not only determine if you have a case, but help you maximize your compensation. Most reputable attorneys offer a case evaluation at no charge to you.

 

Learn more about how to hire the best attorney for your case.

 

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

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.

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.
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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. 

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

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. 

 

 


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