Cape Girardeau
Personal Injury Lawyer

Phillip J. Barkett, Jr

Phillip J. Barkett, Jr

Whether you play 18 holes at Dalhousie Golf Club, drive to downtown Cape Girardeau for a night on the town, shop in West Park Mall, or enjoy more of what Southeast Missouri has to offer, you or someone you love may suffer injuries in an unexpected accident. When this happens, it can disrupt your life physically, financially, and emotionally, and you should always learn whether you have the right to possible compensation for your losses.

The Cape Girardeau personal injury lawyers of Cook, Barkett, Ponder & Wolz bring decades of experience to the table in every injury case we handle. We know how important full financial recovery is following an injury, and we fight for every dollar our injured clients deserve.

Whether a case ends in a settlement or goes to a jury trial, we know how to maximize the compensation our clients receive.

Cape Girardeau Personal Injury Guide

Why Choose Cook, Barkett, Ponder & Wolz for Your Cape Girardeau Personal Injury Claim

Our Cape Girardeau personal attorneys have more than 100 years of collective experience. Thus, you can expect to receive the highest level of representation for your complex personal injury claim. We offer personalized attention and will tailor our strategies and solutions to your specific needs and goals to increase your chances of getting the favorable outcomes you expect and deserve. You will have access to an experienced attorney who can address your questions and concerns promptly, and we will always keep you updated as to the status of your case.

Experienced Personal Injury Litigators in Cape Girardeau

Many personal injury law firms hesitate to take cases to court. Instead, they push clients to accept settlement offers directly from insurance companies – even if those offers are less than the client might receive at trial.

Our team has experienced litigators who will never push a client into accepting an inadequate settlement offer just to avoid pursuing a personal injury lawsuit. We are familiar with how the civil court system works in Cape Girardeau and the surrounding areas, and we welcome the opportunity to represent our clients’ rights during the litigation process and in front of a jury when necessary. You never have to worry that we will take the easy way out, as our attorneys have a dedication to excellence and maximum results, no matter what twists and turns the legal process takes.

Our Cape Girardeau Case Results

Some of our case results include:

  • $20 million for a fatal train collision with a vehicle
  • $17 million for personal injuries to a client
  • $4 million for a client injured in an industrial explosion
  • $3.55 million for a client with brain injury from an industrial accident
  • $2.3 million for injuries from chemical exposure
  • $1.8 million after a fatal auto accident
  • $1.1 million for a car accident due to road and auto defects
  • $950,000 for injuries from medical malpractice
  • $600,000 for car accident injuries

Case values will vary depending on the nature and severity of your injuries and losses, so there is no guarantee that your case will end in the above results. However, we can assure you that we will bring all of our experience and resources to every case, always fighting for the full value of your claim – whatever that might be.

If you suffered injuries in an accident and want to learn about your rights, do not wait to reach out for a free case evaluation with our legal team today.

Common Accident Risks in Cape Girardeau and Southeast Missouri

While Cape Girardeau is generally a safe place to live and visit, there is always the risk of unexpected accidents and injuries – just like anywhere else.

Some common accident risks include:

  • Collisions on I-55, Blues Highway, Highway 74, or North Spring Street
  • Slip and falls in the Walmart Supercenter, Lowe’s Home Improvement, and other large stores
  • Parking lot accidents at Cross Roads Plaza
  • Pedestrian accidents at intersections throughout the Southeast Missouri State University campus

No matter what type of accident happens, you may sustain serious injuries that require emergency medical attention. Following an accident, do not wait to call for help from the City of Cape Girardeau Police Department or other agencies in Southeast Missouri. You should also seek medical attention at the Southeast Hospital emergency room or another medical center close to where the accident occurred.

Once you address your immediate medical needs, seek help from a personal injury attorney who knows the area and regularly handles injury claims in the Cape Girardeau County Civil Court in Jackson, as well as nearby courts in Scott County, Butler County, and New Madrid County. Learn more about how the law firm of Cook, Barkett, Ponder & Wolz can help you.

Claims Our Cape Girardeau Personal Injury Attorneys Handle

As mentioned above, accidents and injuries can happen all over Southeast Missouri and in many different ways. Our law firm has a team of dedicated personal injury attorneys who handle a variety of Cape Girardeau personal injury claims, including:

Car Accidents

Car accidents are consistently among the leading causes of accidental injuries in Southeast Missouri and throughout the rest of the country. They often occur as a result of issues like distracted driving, speeding, driving while impaired by drugs or alcohol, or failing to abide by the rules of the road. In many cases, victims suffer extremely serious injuries and significant property damage, making it highly advisable for victims to retain an attorney.

Truck Accidents

Commercial trucks often travel throughout Southeast Missouri, carrying various goods along Interstates 55 and 57 as well as various state highways. Unfortunately, all of this truck traffic means that truck accidents are going to occur regularly. Accidents involving commercial trucks have the potential to result in severe injuries, including those that can leave victims with long-term medical issues or disabilities. Truck accident cases can be much more complicated than those involving only privately-owned vehicles, making it important for victims to work with an experienced truck accident lawyer who is familiar with commercial trucking accident litigation.

Motorcycle Accidents

person riding motorcycle in Cape GirardeauMotorcycle accidents are among the most dangerous motor vehicle accidents in which a person can be involved. Motorcyclists do not have the protections afforded by seatbelts, airbags, or a rigid vehicle body, exposing them to the risk of extraordinarily severe injuries in the event of a crash. Injuries like spinal cord injuries and traumatic brain injuries are not uncommon in motorcycle wrecks. Fortunately, when these incidents are the result of someone else’s carelessness or negligence, victims can typically recover compensation.

Train Accidents

Freight trains operate on various railroad lines throughout the Southeast Missouri area. These vehicles are often made up of dozens of freight cars and haul thousands of pounds of goods and materials. When they are involved in an accident, the outcomes can be catastrophic for everyone involved. Common causes of train accidents are faulty railroad crossing guards and lights, conductor negligence, train derailments, improper track maintenance, and defective equipment.

Pedestrian Accidents

When pedestrians are involved in traffic accidents, they can suffer devastating injuries. In many instances, these injuries are the result of driver negligence, including failing to yield the right of way, distracted driving, speeding, and drunk driving.

Pedestrian accident victims can often recover compensation, but car insurance companies have incentives to settle cases for as little as possible. They may even blame pedestrian accident victims for their accidents. For this reason, it is highly advisable to represent them as soon as they can after a pedestrian accident.

Slip and Fall Accidents/Premises Liability

Slip and fall accidents can happen virtually anywhere and often occur in grocery stores, malls, offices, and schools. In addition, they are capable of causing shockingly serious injuries, including broken bones, concussions, and neurological injuries.

Property owners and businesses that rent space must keep their premises reasonably safe. When they do not, and people suffer injuries, victims can usually recover compensation for their injuries. Some of the more common causes of pedestrian accidents that entitle victims to compensation include slippery floors, exposed electrical cords, torn carpets, uneven flooring, and poorly maintained stairs.

Premises liability cases can arise from other kinds of accidents as well, including those involving defective or dangerous elevators and accidents, toxic exposure, explosions and fires, and other incidents related to poorly maintained premises. After an accident on someone else’s property, a Southeast Missouri premises liability attorney can review your case and determine whether you may recover compensation.

Some of the additional claims we can assist with include:

  • Nursing home neglect and abuse
  • Catastrophic construction accidents
  • Product liability
  • Medical malpractice

Our Cape Girardeau Office Location and Headquarters

Cook, Barkett, Ponder & Wolz’s headquarters is located at the following address:

1610 N. Kingshighway,Suite 201
Cape Girardeau, MO 63701
Phone: (573) 335-6651

Come by our office to speak with an attorney at no cost, or contact us at the number listed above to schedule an appointment for a free consultation.

What Are Common Injuries People Suffer in Cape Girardeau Accidents?

Injuries that people can suffer in Cape Girardeau accidents vary widely depending on the type and severity of the accident. Here is a list of common injuries that individuals may sustain:

  • person holding neck due to Whiplash, Cape Girardeau personal injury.Whiplash: Common in car accidents, whiplash occurs when the head is suddenly jolted forward and then backward, causing neck strain and pain.
  • Fractures: Broken bones can occur in various accidents, including falls, car crashes, and sports injuries. Common fractures include broken arms, legs, wrists, and ribs.
  • Soft Tissue Injuries: These injuries affect muscles, tendons, and ligaments and can include strains, sprains, and tears. They often result from sudden twists, falls, or overexertion.
  • Head Injuries: Traumatic brain injuries (TBIs) can range from mild concussions to severe brain damage. These injuries can occur in car accidents, falls, and sports-related incidents.
  • Back Injuries: Accidents may cause injuries to the spine or discs, resulting in conditions like herniated discs or spinal cord injuries. These injuries can lead to chronic pain and disability.
  • Burns: Fires, chemical exposure, and electrical accidents can cause burns of varying degrees, from superficial to severe third-degree burns.
  • Internal Injuries: Blunt force trauma or penetration injuries can harm internal organs, leading to conditions such as internal bleeding, organ damage, or punctured lungs.
  • Amputations: Accidents involving heavy machinery, power tools, or severe trauma can result in the loss of limbs or digits.
  • Facial Injuries: These can include fractures of the jaw, nose, or cheekbones, as well as lacerations and dental injuries. They are common in car accidents, falls, and assaults.
  • Spinal Cord Injuries: Severe accidents can cause damage to the spinal cord, resulting in paralysis or loss of sensation in certain parts of the body.
  • Cuts and Lacerations: Sharp objects, glass, or metal can cause cuts and lacerations, which may require stitches or surgery.
  • Psychological Trauma: Emotional distress, post-traumatic stress disorder (PTSD), and other psychological conditions can result from traumatic accidents.
  • Crush Injuries: These occur when body parts are trapped or compressed, leading to tissue damage, fractures, or amputations. Common in accidents involving heavy machinery.
  • Scarring and Disfigurement: Severe injuries may result in permanent scars or disfigurement, impacting a person’s physical appearance and psychological well-being.

It’s important to note that the severity of these injuries can vary significantly. Some injuries may require minimal medical intervention, while others may lead to long-term disabilities and ongoing medical care. If you or someone you know has suffered an injury in an accident, seeking prompt medical attention and legal advice, if applicable, is crucial to ensure proper treatment and protect your rights.

Cape Girardeau Accident Statistics

The Missouri Department of Transportation reports that over a three-year period, Cape Girardeau experienced the following:

  • 152 total serious injury crashes involving a variety of motor vehicles, as well as pedestrians and bicyclists
  • 30 total traffic-related fatalities

Run-off road crashes accounted for the majority of serious injuries and fatalities, and more people suffered serious injuries or died because they were not properly using restraining devices at the time of the crash. Aggressive driving, distracted driving, and impaired driving were all cited as major contributors to serious and fatal traffic accidents in Cape Girardeau.

Source: mshp.dps.missouri.gov

What Should I Do After an Accident in Cape Girardeau?

If you’ve been involved in an accident in Cape Girardeau, Missouri, it’s essential to take specific steps to protect your health, safety, and legal interests. Here’s a general guide on what to do after an accident:

  • Check for Injuries: First and foremost, check yourself and others for injuries. If anyone is injured, call 911 immediately to request medical assistance. Do not attempt to move injured individuals unless they are in immediate danger.
  • Move to a Safe Location: If it’s safe to do so, move your vehicle out of the flow of traffic to prevent further accidents or injuries. Turn on your hazard lights to alert other drivers.
  • Contact the Police: Regardless of the accident’s severity, contact the local police or appropriate law enforcement agency to report the accident. Be prepared to provide details about the accident and cooperate with the responding officers.
  • Exchange Information: Exchange information with the other parties involved in the accident. This typically includes names, contact information, driver’s license numbers, vehicle registration, and insurance information.
  • Document the Scene: If it’s safe, take photos or videos of the accident scene, including damage to vehicles, road conditions, traffic signals, and any visible injuries. This evidence may be valuable later when dealing with insurance claims or legal actions.
  • Obtain Witness Information: If there are any witnesses to the accident, obtain their contact information. Witnesses can provide crucial statements about how the accident occurred.
  • Seek Medical Attention: Even if you don’t believe your injuries are severe, it’s important to seek medical attention promptly. Some injuries may not be immediately apparent, and a medical evaluation can document your condition.
  • Report to Your Insurance Company: Notify your insurance company of the accident as soon as possible. Provide them with the necessary information about the accident and follow their instructions for filing a claim.
  • Preserve Evidence: Keep copies of all accident-related documents, such as the police report, medical records, and correspondence with insurance companies. These documents can be essential in the claims process.
  • Consult an Attorney: If you’ve suffered significant injuries or believe the accident was not your fault, consider consulting a personal injury attorney. An attorney can help protect your legal rights, assess your potential for compensation, and guide you through the legal process if needed.
  • Adhere to Legal Deadlines: Be aware of any statutes of limitations for filing personal injury claims in Missouri. Failing to meet these deadlines can result in the loss of your right to seek compensation.

Every accident is unique, and the steps you should take may vary based on the circumstances. Following these general guidelines can help ensure your safety and lay the groundwork for any potential insurance claims or legal actions that may arise from the accident.

How Do I Know If I Have a Personal Injury Case in Cape Girardeau?

Determining whether you have a personal injury case in Cape Girardeau, Missouri, or any other location, involves evaluating several factors. Personal injury cases typically arise when someone is injured due to the negligence or intentional actions of another party. Here are the key steps to help you assess whether you have a valid personal injury case:

  • Injury: You must have suffered an actual injury or harm. This can include physical injuries, emotional distress, or property damage. In personal injury cases, physical injuries are the most common.
  • Negligence or Wrongful Conduct: Determine if someone else’s negligence or wrongful conduct caused your injury. Negligence means that the other party failed to exercise reasonable care, and this failure led to your injury. For instance, if you were in a car accident because someone ran a red light, that person’s negligence could be the basis for a personal injury case.
  • Duty of Care: Establish that the responsible party owed you a duty of care. In most personal injury cases, this is relatively straightforward. For example, drivers have a duty to obey traffic laws and drive safely to avoid harming others on the road.
  • Breach of Duty: Prove that the responsible party breached their duty of care. Using the car accident example, if the driver ran the red light, they breached their duty of care to follow traffic laws and drive safely.
  • Causation: Demonstrate that the breach of duty directly caused your injuries. In the car accident scenario, you would need to show that the driver running the red light directly caused the accident and your injuries.
  • Damages: Document and provide evidence of the damages you suffered as a result of the injury. Damages can include medical bills, lost wages, pain and suffering, property damage, and more.

Keep in mind that personal injury law can be complex. Consulting with an attorney is often the best way to determine the strength of your case and receive guidance on how to proceed. They can help you understand your rights, navigate the legal process, and work towards a fair settlement or judgment.

How Much Compensation Can I Receive for My Cape Girardeau Personal Injury Claim?

The compensation you deserve will depend on your specific circumstances, but our lawyers regularly seek compensation for:

  • Medical bills, including emergency room bills, surgical costs, and expenses for doctor and specialist visits, medication, medical equipment, home health care, and more
  • Lost income if your injury prevented you from working
  • Future medical bills and lost earnings if your injury effects will persist beyond your claim
  • Pain and suffering
  • Permanent disabilities and disfigurement

What’s the Personal Injury Claims Process in Cape Girardeau?

Cape Girardeau personal injury attorneys taking photo The personal injury claims process in Cape Girardeau, Missouri, involves several key steps, from the initial incident to the resolution of your claim. Here’s an overview of the typical personal injury claims process:

  • Seek Medical Attention: If you’re injured, your health should be your top priority. Seek immediate medical attention for your injuries. This not only ensures you receive the necessary care but also documents your injuries for your claim.
  • Gather Evidence: If you can do so safely, collect evidence at the accident scene. This may include photographs of the scene, damage to vehicles or property, and any visible injuries. Also, gather contact information for witnesses.
  • Report the Incident: Report the accident to the appropriate authorities. In many cases, this means calling the police to the scene of the accident. They will create an accident report, which can be valuable for your claim.
  • Notify Your Insurance Company: Report the accident to your insurance company as soon as possible, even if you believe the other party is at fault. Cooperate with your insurance company but be cautious about giving statements without legal advice.
  • Consult an Attorney: Consider consulting a personal injury attorney in Cape Girardeau. An attorney can provide guidance, help you assess the strength of your case, and protect your rights throughout the process.
  • Investigation: Your attorney and the insurance companies will conduct investigations to determine liability (who is at fault) and the extent of damages. This may involve gathering evidence, obtaining medical records, and speaking with witnesses.
  • Filing Your Claim with the Insurance Company: Your attorney can submit your injury claim to the at-fault party’s insurance company and outline the details of your claim, including liability, injuries, and damages.
  • Negotiations: Your attorney will engage in negotiations with the insurance company to reach a fair settlement. This process can take time, with back-and-forth offers and counteroffers.
  • Filing a Lawsuit: If a settlement cannot be reached, your attorney may recommend filing a lawsuit. This initiates the formal legal process, and the case may proceed to trial if a settlement is not reached during litigation.
  • Discovery: During the litigation process, both parties exchange information, conduct depositions, and gather evidence through a process known as discovery.
  • Mediation or Settlement Conference: Before trial, the parties may participate in mediation or a settlement conference to attempt to resolve the case out of court.
  • Trial: If a settlement cannot be reached, the case will go to trial. A judge or jury will hear the evidence and render a judgment.
  • Appeals (if applicable): Either party may have the option to appeal the judgment if they believe it was made in error.
  • Resolution: Once a settlement or judgment is reached, the case is resolved. You receive compensation for your injuries and damages as outlined in the settlement or judgment.

It’s important to note that the personal injury claims process can vary depending on the specific circumstances of your case. Having an experienced personal injury attorney by your side can greatly help you navigate the process, negotiate with insurance companies, and ensure your rights are protected.

Can I Recover Compensation If I’m Partially At Fault for the Cape Girardeau Accident?

Yes, you can still recover compensation for an accident in Cape Girardeau even if you are partially at fault. Missouri follows a legal principle called “pure comparative fault” or “pure comparative negligence.” Under this rule, your ability to recover compensation is not necessarily barred just because you were partially responsible for the accident. However, your compensation will be reduced based on your level of fault.

Here’s how pure comparative fault works:

  • Determining Fault: The court or insurance adjusters will assess the actions of all parties involved in the accident to determine the percentage of fault for each party. This includes evaluating your actions, the actions of the other party (or parties), and any other contributing factors.
  • Percentage of Fault: The court or insurance adjusters will assign a percentage of fault to each party. For example, if you are found to be 20% at fault for an accident, and the other party is 80% at fault, you can still pursue a claim for damages. However, any award you receive will be reduced by your percentage of fault. In this case, if your damages amount to $10,000, you would receive $8,000 (80% of $10,000) after accounting for your 20% fault.
  • Recovery: Your recovery will be calculated based on the total damages (medical bills, lost wages, pain and suffering, property damage, etc.) minus your percentage of fault. For instance, if your total damages amount to $100,000 and you are found to be 20% at fault, you would be eligible to receive $80,000 ($100,000 – 20% = $80,000).

If you are involved in an accident and believe you may share some degree of fault, it’s essential to consult with an experienced personal injury attorney in Cape Girardeau. They can help protect your rights, assess your level of fault, and work to maximize your compensation under the comparative fault rules.

Cape Girardeau Personal Injury FAQs

Who is Liable for My Cape Girardeau Personal Injury?

Liable parties will depend on who was negligent and led to your accident. Often, liable parties involve negligent drivers or other individuals, but they can also be corporations or government entities. When someone is negligent on the job and causes you injury, such as a working commercial truck driver, the employer can also be liable for your losses. It is important to identify all potentially liable parties in your case to ensure you can seek the maximum amount you need to cover your losses.

How Much is My Cape Girardeau Personal Injury Case Worth?

The value of your personal injury case depends on many factors. Missouri law allows people who suffer injuries due to the negligence of others to recover compensation for both their economic and non-economic losses. Some of the factors that may determine the value of your case include the severity and extent of your injuries, whether you have to miss work, your overall prognosis, and the at-fault party’s insurance policy limits.

How Much Does a Cape Girardeau Personal Injury Lawyer Cost?

As an accident victim, you may be anxious about retaining a lawyer to represent you because of the legal fees you may need to pay. Fortunately, you can retain an attorney to represent you with no up-front costs.

At our firm, we take all of our injury cases on a contingency fee basis, which means that you will only need to pay legal fees if we recover compensation for you. If we do, our legal fees will be paid as a percentage of your total recovery, which means that you will never have to pay out of pocket for our help. Additionally, because we offer free case evaluations, you can find out whether you have a claim at no cost to you.

How Long Will My Cape Girardeau Personal Injury Case Take to Resolve?

Personal injury cases can take time. The factors that can affect how long it will take for your case to end include whether the defendant contests liability, whether you need to go to court, and how much compensation is in question.

Typically, the more complicated a case is, the more time it will take to settle or otherwise conclude. The good news is that our firm will never rush your claim to get it off our calendars, and we are willing to work with you as long as it takes to reach a favorable outcome.

Is There Anything I Should NOT Do Following an Accident in Cape Girardeau?

While you should always seek medical attention and legal representation following an accidental injury, there are also some things you should not do, as they might jeopardize your chances of financial recovery.

These include:

Admitting any degree of fault for the accident or apologizing to other parties, police officers, or insurance adjusters
Giving insurance companies a recorded statement or any detailed information about your accident or injury
Accepting a settlement offer without the review of a personal injury lawyer, as even settlements that seem attractive are generally inadequate
Trying to handle the process on your own to save money as a personal injury attorney can often significantly increase your recovery, even after legal fees.

Speak With Our Cape Girardeau Personal Injury Attorneys Today

Phillip J. Barkett, Jr

When you need injury representation in Southeast Missouri, look no further than our team at Cook, Barkett, Ponder & Wolz. Below are some common questions that we answer for our clients, and to discuss your specific situation and concerns, please contact us directly for your no-cost consultation at (573) 335-6651

Client Reviews

“Thank you for your patience with a hard-headed client, your kindness and understanding, (coming to my home when I wasn’t able to come into the office) and most of all, thank you for the top-notch representation. I recommend this firm to ANYONE seeking world-class counsel right here in Cape Girardeau.” – Matt R.

“I want to thank Mr. Glenn. He has done more on my case in a few months than (previous attorney) did in a year and a half. You have been a Godsend.” – Michael G.

Additional Resources

Cape Girardeau Emergency Rooms

Two emergency rooms serve the Cape Girardeau area:

Seek immediate medical attention if you suffered serious injuries in an accident someone else caused and contact Cook, Barkett, Ponder & Wolz as soon as possible to discuss your options for obtaining compensation.

*Disclaimer – Cook, Barkett, Ponder & Wolz does not endorse these medical providers, nor do we profit from having them listed on our website.

Meet Our Attorneys

Schedule A Case Evaluation

Explore Other Practice Areas

*CDC