Frequently Asked Questions

Do I need a personal injury attorney?

If you or a loved one has been injured or traumatized and believe someone else (another person, company, another person’s property or pet) is at fault, you may have a personal injury case, and working with a personal injury attorney is the best way to protect your interests and determine if you have a claim. Not only that, your chances of winning your case and getting the compensation you deserve are significantly higher if you work with an experienced personal injury attorney.

Why shouldn’t I handle a personal injury case on my own?

Personal injury cases are complex. Securing the compensation a victim deserves requires time, resources and experience. There are many reasons you shouldn’t negotiate with an insurance company on your own following a catastrophic incident, including:

  • Insurance agencies are for-profit. Their goal is to pay as little as possible or nothing, meaning you suffer more.
  • Insurance documents and paperwork are rampant with legal jargon and technical terms meant to trip up those who would benefit from an insurance payout.
  • Speaking with witnesses and conducting background checks are time-intensive processes that require practice and training to do effectively.
  • Providing proof for an insurance company disputing its policyholder’s liability can be more than overwhelming on your own. Someone suffering from severe injuries could miss key details that might make or break a case.
  • Cases, laws and ordinances vary from county to county. A lawyer can easily comb through these documents and find the elements relevant and beneficial to your case.

If you’ve been injured and someone else is at fault, it’s always best to speak with a qualified attorney to understand your options.

Do I have a case?

If you have been injured or traumatized and believe someone else (another person, company, another person’s property or pet) is at fault, you could have a personal injury case.

Speaking with an experienced personal injury attorney is the best way to protect your interests and determine if you have a claim.

What is personal injury law?

Personal injury law is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. Examples include car wrecks, defective products, negligence or medical malpractice. If you believe you have been injured and someone else is at fault, the best way to determine if you have a case is to speak with a qualified personal injury attorney.

How much is my case worth?

There are exceptions, but if you’ve sustained an injury due to negligence on another’s part, you may be compensated for past and future medical bills; aggravation of a pre-existing condition; lost wages and/or lost earning capacity; property damage; pain, suffering and other “non-economic” damages.

There are three key factors that typically determine personal injury case worth – liability (fault), damages (injuries) and insurance coverage of the at-fault party. Ultimately, compensation is tied to many factors, and speaking with a qualified personal injury attorney is the best way to determine if you have a viable claim, and what that claim may be worth.

What should I do after an accident?

After an accident, always protect the scene and avoid additional collisions by moving your vehicle to the side of the road if possible. At night, use flares or reflectors if possible to alert oncoming drivers to the accident. Never give an oral statement to the at-fault driver’s insurance company. If you are contacted, politely decline to talk. Your attorney will help determine the best way to proceed.

If I am partly responsible for an accident, do I still have a claim?

Missouri recognizes what’s known as the Pure Comparative Fault Rule, which 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.

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​Common Types of Car Accidents

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How to File a Car Accident Claim

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If you are involved in an accident, what are your rights? Most people know they are eligible to hire a Cape...

8 Reasons CBPW is right for your case

We have over 101 years of combined legal experience. Partner Michael Ponder has over 25 years’ experience and was awarded the...

5 Steps to Take After a Car Wreck

A car wreck can be a traumatic experience for anyone. Even if damages are minor and both parties are uninjured, you...

5 important questions you should ask before hiring a personal injury attorney

Selecting your personal injury attorney should be one of the first decisions that you make after your injury. You have 100% control in...

Economic vs. Non-Economic Damages

Q: What are economic and non-economic damages in a personal injury case? A: Clients in personal injury cases may recover economic and non-economic...

Job site injuries: When to contact an attorney

Many companies have specific programs aimed at avoiding work-related injuries. Safe work practices and efforts to avoid injuries are important for...

Missouri car wreck statistics

Missouri’s beautiful landscapes, rivers and tourist attractions bring in much traffic in and around Southeast Missouri. Many commercial and passenger vehicles...

Prepare for Winter Driving

It is important to be prepared when winter weather strikes. With today’s technology there are a number of resources to check...

The Importance of Open Communication

Nearly everyone is familiar with the legal concept of attorney-client privilege. It protects certain communications between a client and his or...

Stages of a Personal Injury Case

Every personal injury case is unique – different contributing factors, different timelines, different impact on the victim’s life. Understanding the stages...

4 Factors That Impact The Value of Your Case

Every personal injury claim is unique, but there are common factors that affect the viability of your case. Knowing what those...

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

Injuries can happen anywhere, at home, at work, and even while traveling. Experiencing an injury can be difficult, especially in another...

What to Know About All-Terrain Vehicle Collisions

All-Terrain Vehicles (ATV) are popular vehicles among teens and adults; not only to haul heavy objects, but for recreational purposes as...

Injuries Sustained by an Uninsured Driver

In the state of Missouri, 14 percent of motorists do no have car insurance. There are a number of steps you...

Cook, Barkett, Ponder & Wolz Welcomes New Attorney Matthew D. Glenn

Cape Girardeau, MO –  Cook, Barkett, Ponder & Wolz is proud to announce the addition of new attorney, Matthew D. Glenn,...

Why You Should Seek a Lawyer After Wrecking a Vehicle

The days following a significant automotive incident can be full of emotional turmoil, confusion and pain. Dealing with an insurance company...

A Cyclist’s Quick Guide: What to do if you’re hit by a motor vehicle

You set out for your regular bike ride, and the weather is perfect. Traffic is denser than usual, but you’re an...

Talcum Based Baby Powder Linked to Cancer

A common household product, from a company that has been a trusted household name for over 100 years, shouldn’t cause cancer....

5 Tips for Teaching Teens to Drive Safely with Distractions

We all know the hazards of distracted driving, but we don’t always let this knowledge stop us from peeking at our...

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

Reasonable warning is the key when it comes to the viability of a lawsuit involving personal injury on someone else’s property. Property...

Ways to Spot Nursing Home Neglect

Placing a loved one in someone else’s care is never an easy process, and finding a trusted environment for those we...

What are my Rights if I’m Hurt at Work?

Work can hurt. Occasionally, labor-intensive work can have employees limping off the jobsite or attached to a heating pad over the...

I didn’t go to the Hospital After a Collision, and Now I’m Hurt. What can I do?

If you were in an automobile wreck, you may have sustained long-term injuries and not know how to proceed, especially if...

The Actual Scary Truth of Halloween Night

According to the most recently available data, Halloween is the most dangerous night for children to walk the streets. In fact,...

Four things to consider when hiring a personal injury attorney

Running an internet search for “personal injury lawyer” churn up result after result, and not knowing how to narrow them down...

Automotive Crashes and Pedestrians

In May 2016, the National Highway Traffic Safety Administration released pedestrian data from 2014. – While the trend for total vehicle...

How to Deal with Your Catastrophic Hit-and-Run Injury

Watching those responsible for your injuries flee the scene of a traffic collision can be a horrifying experience. If you have...

What Not To Do After A Car Wreck

If you ever find yourself in a vehicle crash, regardless of who’s at fault, it’s important to know what you should...

Top 10 Most Dangerous Jobs In The U.S.

For many workers, each day on the job brings the threat of injury. Although they may do everything possible to stay...

Crash factors series: Color-coding car wrecks

Are some vehicle paint colors more dangerous than others? There’s no easy answer to that question. Various studies over the last...

Crash factors series: Driving age

Does your age put you at greater risk for a car crash? New drivers – those between the ages of 16...

Crash factors series: Location, location, location

Does your location put you at higher risk for a crash? Statistically, there are a few key places where you’re more...

Crash factors series: Timing

Are you more likely to be in a collision at certain times? It makes sense that your odds of being in...

Playground Safety Tips

The Consumer Product Safety Commission reports that nearly 200,000 kids in the U.S. get treatment in emergency rooms each year for...

What to do if you or a loved one is the victim of medical negligence

Medical negligence is the third leading cause of death in the U.S., behind heart disease and cancer.* For many people the...

Preparing for a consultation with a personal injury lawyer

Scheduling a consultation with a personal injury attorney is a big step toward gaining compensation for you or your loved one....