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Who’s Responsible if I’m Injured on Another’s Property?

BOLD Marketing - Friday, September 09, 2016

Reasonable warning is the key when it comes to the viability of a lawsuit involving personal injury on someone else’s property. Property owners – both commercial (think stores, public places) and residential (homeowners) have a responsibility to ensure individuals are protected from an unreasonable risk of injury while on their property.

 

That responsibility includes inspections to identify dangerous conditions and either repairing those conditions, barricading them or warning visitors about them. If a property owner is aware of a dangerous condition or if he or she could have known of about the existence of a dangerous situation through the exercise of ordinary care and the property owner fails to address the danger or adequately alert visitors (provide reasonable warning), then he or she may be liable for injuries suffered because of the dangerous condition.

 

If you or someone you know has been injured on someone else’s property, follow these steps to begin building your case:

 

 

1. Seek medical attention for the injured person immediately.

2. If you are able, take photos of the area as soon as possible or have a family member or friend stay behind to photograph the scene.

3. Write down or record yourself describing the events that led to the injury in as much detail as you can.

4. Take photos of any clothing and accessories the injured person was wearing.

5. Keep copies of health-related paperwork including hospital, emergency room or urgent care documents.

6. Keep a record of witnesses and their contact information.

7. NEVER sign paperwork related to the injury UNTIL after you have had a chance to speak with a lawyer.

 

 

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.

 

Job site injuries: When to contact an attorney

BOLD Marketing - Wednesday, January 06, 2016

Many companies have specific programs aimed at avoiding work-related injuries. Safe work practices and efforts to avoid injuries are important for employers and employees alike. However, once an injury happens, it’s not in your best interest to avoid reporting the incident.

 

When an injury is not reported, an employer can deny medical treatment and benefits for missed time from work. Reporting an injury properly will prevent many potential problems that could affect your claim for compensation.

 

Reporting the injury properly and quickly will protect you against an employer who might claim that you were injured outside the workplace. You should report an injury as soon as possible. If possible, report the injury in writing or in the presence of a reliable witness. Using an accident report form provided by your employer is best.

 

If you experienced a work-related injury, you may be entitled to workers’ compensation benefits. With over 100 years of trial experience and a dedication to honesty and integrity, Cook, Barkett, Ponder & Wolz has represented working families with sound legal advice and guidance when they need a lawyer most. If you have experienced a job site injury and aren’t sure if you need an attorney, please call us at 1-877-377-6651 for a free case evaluation today.

​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.
  •  
  • 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.
  •  
  • 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.
  •  
  • 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. 

The Most Influential Legal Cases of the Last Century

BOLD Marketing - Monday, May 18, 2015

At Cook, Barkett, Ponder & Wolz we provide focus on three main areas: 

wrongful death & personal injury, defective products & medical cases and 

business litigation & class actions. The United States has changed due to a 

number of influential court cases throughout the years. 

 

This infographic recognizes some of the most influential legal cases of the last century.

 

legal cases

 

 

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. If you are in need of legal assistance please call 573.335.6651 or visit cbpw-law.com.


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