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.
Get Started:
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.
Get Started:
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.
Explore more resources
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Can You Sue Someone for Running Over You?
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Are You At Fault If Someone Pulls Out in Front of You?
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Sideswipe Accidents
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How Can I File a Third-Party Claim After a Construction Accident?
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Best Motorcycling Routes Near Cape Girardeau
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How Much Is a Bicycle Accident Worth?
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What If I Am Partly to Blame for My Car Accident?
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How to File a Truck Accident Lawsuit
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What If I Am Partly to Blame for the Trucking Accident?
Trucking accidents frequently happen when truck drivers, and in some cases, trucking companies, behave negligently. Truck drivers frequently cause accidents when...
What Happens When a Trucking Company Violates FMCSA Rules?
All throughout the United States, the trucking industry plays a vital role in the economy, transporting a wide variety of goods...
What Are the Most Common Causes of Construction Accidents?
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What Are the Most Common Examples of TBI?
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What are Missouri Bicycle Laws?
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What Happens if I am Injured as a Passenger on a Bus?
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What Is Needed to Prove Wrongful Death?
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Filing a Wrongful Death Claim After a Car Accident
Filing a wrongful death claim after a fatal car accident is how those affected by the victim’s death get justice for...
What Can I Sue For in a Truck Accident?
Collisions with commercial trucks can cause widespread losses. You might have physical injuries, mental trauma, possible permanent disabilities, a totaled vehicle,...
Rear-End Truck Accidents
Rear-end truck accidents are among the most dangerous collisions. Often, the motorist is trapped between two objects, including a truck that...
Who Is Liable in a Slip and Fall Accident?
The property owner is often liable for a slip and fall accident. If the property owner has homeowners insurance, general liability...
How to File a Car Accident Claim as a Passenger
Filing a claim as a passenger injured in a car accident generally follows the same process as if you were an...
How Our Lawyers Handle a State Farm Injury Claim
Many drivers have auto insurance through State Farm, so if you are in a collision, there is a good chance you...
How Our Lawyers Handle an Allstate Injury Claim
If you suffered an injury in an accident and the other driver has Allstate insurance, you may wonder what to expect...
What Are the Long-Term Costs of Amputation or Disfigurement After an Accident?
An amputation or disfigurement due to an accident will instantly change your life. Beyond the immediate physical and emotional trauma, victims...
Can You Sue If You Get Attacked in a Parking Garage?
Imagine this frightening scenario: You’re walking to your car in a dimly lit parking garage late at night. Suddenly, an attacker...
Is Your Landlord Responsible If You Get Hurt?
Renting a home or apartment can be a great option for many people, but what happens if you get injured on...
How Long Does It Take a Personal Injury Case to Settle?
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How to File a Defective Product Claim
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What Are the Chances of Winning a Personal Injury Lawsuit?
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How to Pay for a Lawyer With No Money
Personal injury lawyers recognize that many clients need legal help but do not have any extra money for legal fees or...
What If I Am Partly to Blame for My Pedestrian Accident?
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Where Do Pedestrian Accidents Most Often Occur in Cape Girardeau?
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What Is the Statute of Limitations on Medical Malpractice?
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What Is the Average Settlement for Medical Malpractice?
There is no singular resource where you can review all medical malpractice case results and determine the average payout for plaintiffs....
What Is the Average Payout for a Motorcycle Accident?
The average payout for a motorcycle accident is not known. This is not a statistic that we can reliably offer as...
Should I Get a Lawyer for a Motorcycle Accident?
Get a lawyer after a motorcycle accident. A lawyer will allow you to focus on your recovery. Your lawyer will also...
Can I Claim Compensation for a Dog Bite?
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How Long After a Dog Attack Can You Sue?
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What Do I Do After a Hit and Run Accident?
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Do I Have the Right to Refuse the Insurance Company’s Offer?
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Should I Hire a Construction Accident Attorney?
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How to Find the Best Car Accident Lawyer Near Me?
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Rideshare Accidents
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What Happens If a Construction Worker Gets Hurt on the Job?
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How Can a Lawyer Help After a Neck Injury?
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Drunk Driving Accidents in Cape Girardeau
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Where Do Car Accidents Most Occur in Cape Girardeau?
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Who is Liable, the Car Owner or Driver?
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What is Considered Reckless Driving?
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Going to Court After a Trucking Accident
When many people envision pursuing legal action after a trucking accident, they often picture a courtroom scene with numerous attorneys, a...
When to Hire a Truck Accident Attorney
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What to Do on Your First Offer from the Insurance Company After a Truck Accident
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How Do Most Bicycle Accidents Happen?
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Do Most Medical Malpractice Cases Settle?
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What Are the Most Common Types of Bicycle Accidents?
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What Happens if You Get Sideswiped?
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What Is Wrongful Death?
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Wrongful Death Statute of Limitations
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Who Is Liable for a Truck Accident?
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What Is the Truck Accident Claim Process?
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What Can You Sue for in a Personal Injury Case?
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What Can I Expect From a Personal Injury Claim?
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How Do You Prove Premises Liability?
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How Long Can a Medical Malpractice Case Take?
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Should I Accept the First Insurance Settlement?
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How Will My Spinal Cord Injury Affect My Future?
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How Much Is My Back Injury Worth in a Lawsuit?
An attorney will work with medical experts and economists to determine how much your back injury is worth in a lawsuit....
What to Do After a Truck Accident
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How Much Does It Cost to Hire a Lawyer?
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How to Choose a Personal Injury Lawyer
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Never Try to Handle Your Own Commercial Truck Accident Case
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How Do You Win a Medical Negligence Case?
Patients who go to the doctor, hospital, or another medical facility or provider anticipate receiving the best care from competent professionals....
Do I Have a Case for Medical Malpractice?
A doctor makes a mistake, and it costs you dearly. You may have injuries, recurring health problems, and numerous other complications....
Why You Need a Lawyer After a Slip and Fall at Walmart
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What Is Premises Liability Law?
What is premises liability law, and how can it affect you and your need for financial compensation after an accident? Property...
How to Collect Evidence After a Drunk Driving Car Accident
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What Is Dram Shop Liability?
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Car Driver Fatigue
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Who Can File a Wrongful Death Lawsuit?
A deceased accident victim’s spouse, child, or close family member can usually file a wrongful death lawsuit. In their absence, a...
Is It Worth Suing an Uninsured Driver?
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How Much Does a Car Accident Lawyer Cost?
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How Much Should You Ask for in a Car Accident Settlement?
After suffering injuries in a car accident, you may be wondering how much you should ask for in a car accident...
How Much is Pain and Suffering for a Car Accident?
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Why Do I Need to Contact a Lawyer After a Multi-Car Accident?
A multi-car accident, also called a chain reaction crash, happens when a vehicle accident results in subsequent crashes involving other motor...
Why Do I Need to Hire a Hit and Run Accident Attorney?
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Why Do I Need a Lawyer If I Just Suffered a Concussion?
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How Much to Expect From a Car Accident Settlement
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How Can a Lawyer Help After an Airbag Deployment Concussion?
A lawyer can assist in several ways after an airbag deployment concussion. Your attorneys’ mission will be to get the compensation...
Can a Car Accident Claim Be Reopened?
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Can You Sue Someone for Hitting You on a Bike?
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Who Pays for My Injuries if the Other Driver Is Uninsured?
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What Questions Should I Ask My Car Accident Attorney?
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What Are the Most Common Causes of TBI?
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Fighting the Insurance Company After a Traumatic Brain Injury (TBI)
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Can You Claim Compensation for a Bicycle Accident?
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What Should I Not Tell My Insurance Company After an Accident?
The actions you take after a car accident can determine whether you will get financial compensation from insurance companies and the...
What Is the Statute of Limitations in a Car Accident Claim?
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What Do Car Accident Lawyers Do?
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Do Most Car Accident Cases Go to Court?
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Do I Call My Insurance if It’s Not My Fault?
After you have been in a car accident, there are many administrative details that you need to handle, no matter who...
Can I Sue After a Car Accident?
After you or a loved one have suffered an injury in a car accident, your thoughts may turn to compensation sooner...
Who Pays Bills in a Car Accident?
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When to Get an Attorney for a Car Accident
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What are the most common types of distractions while driving? Vehicle collisions happen every single day. What’s most frustrating is suffering...
What to Do After a Car Accident
There is no perfect set of steps you should take after a car wreck, but certain things can benefit you, especially...
What to Expect After a Car Accident
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How Long After a Car Accident Can You Claim Injury?
When you sustain injuries in a car accident, you’ll want to file a claim to pursue the compensation you deserve. However,...
When to Hire an Attorney After a Car Accident?
You should hire an attorney as soon as possible after a car accident. You may deserve compensation for your damages, and...
How to Get Paid After a Car Accident?
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How Much Money Can a Passenger in a Car Accident Get?
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How Can You Tell Who Hit Who in a Car Accident?
Your car accident lawyer may use video footage, reconstructions of the accident, witness accounts, and other evidence to prove who hit...
Head-On Car Collisions
Head-on collisions pose the most significant risk of death in any type of car accident. Even when motor vehicles are traveling...
What Happens When the Insurance Company Totals Your Motorcycle?
After a motorcycle accident, you naturally want to receive fair compensation for your damages. Most people focus on the money they...
3-Car Accident Scenarios: Who’s At Fault? Who Pays?
Not every car accident involves two vehicles colliding. Collisions often involve a single vehicle, and they can also involve three or...
Pedestrian Accidents: Who Covers Medical Expenses?
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How much does car insurance go up after an accident?
Car accident survivors deal with many financial concerns. The first major concern is who is responsible for the accident. The determination...
How many motorcycle accidents are fatal?
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How Long Does a Car Accident Settlement Take?
The timing of your settlement is a major concern after you have suffered an injury in a car accident. Let’s face...
How Can a Motorcycle Helmet Affect Your Motorcycle Accident Case?
If you have suffered injuries in a motorcycle accident, the law entitles you to financial compensation if someone else was negligent....
How Long Do You Have to File a Claim for a Truck Accident?
Truck accidents differ from car accidents. Although both car accident and truck accident claims compensate victims for their losses, truck accidents...
How Can a Truck Accident Lawyer Help Me?
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How Do Insurance Companies Negotiate Settlements?
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How Long Does it Take to Settle a Semi-Truck Accident?
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How Do I Find the Right Lawyer for My Case?
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How Can I Prove My Pain and Suffering?
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Average Settlement for Car Accident Neck and Back Injuries
If you are in a car accident and suffer an injury to your neck or back, you may be left needing...
How Do Car Accident Settlements Work?
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Rear-End Collisions
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Distracted Driving
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Three Examples of Road Rage
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Types of Car Accidents
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Do I Have a Personal Injury Claim?
Suffering an injury is always frustrating, but even more so when someone causes it. If you’ve sustained an injury at the...
How to File a Personal Injury Claim in Cape Girardeau, MO
Experiencing an accident and sustaining injuries is frustrating, but even more so when your injuries result from another party’s wrongful actions....
How to Find a Personal Injury Lawyer
Injuries happen every single day. Recently, the U.S. saw over 55 million of them in a single year. If you suffer...
How to Get Maximum Compensation After an Injury
Pursuing compensation after an injury can help relieve some of the financial pressure you’re likely feeling. Injuries can mean costly medical...
Type of Truck Accidents
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When Should You Hire a Personal Injury Attorney?
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Types of Personal Injury Accidents
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Mistakes When Filing a Personal Injury Claim
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How Much Is My Personal Injury Claim Worth?
If you suffered injuries in an accident, one of your goals might be to get compensated for your injuries. Compensation depends...
How Much Is My Car Accident Claim Worth?
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Common Causes of Personal Injury Accidents
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Benefits of Hiring a Personal Injury Attorney
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Causes of Car Accidents
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Common Types of injuries in Car Accidents
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Common Types of Car Accidents
No matter what type of car crash you are involved in, there is always a chance that you may end up...
How to File a Car Accident Claim
One of the scariest situations a motorist can find themselves in is getting into a car accident. The aftermath of a...
Top Causes of Big Truck Collisions
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How Much Does a Car Accident Lawyer Cost?
Many people let the fear of high legal fees keep them from pursuing litigation after they are in a car accident....
Determining Fault in a Car Accident Claim
Getting to the bottom of who is at fault after a car crash is imperative. In most states across the country,...
Who Is at Fault in a Rear-End Collision?
Rear-end accidents are generally clear cases of liability. Typically, the driver who rear-ends another vehicle is the responsible party, and as...
What Is Road Rage?
Road rage occurs when a driver acts in a way that causes, or can potentially cause, physical harm or distress to...
Truck Driver Fatigue
Many people associate the most tragic accidents caused by driving while tired with truck drivers. Drivers of large trucks work in...
Speeding Is a Factor in 26 Percent of Fatal Accidents
The National Highway Traffic Safety Administration (NHTSA) reports that in a recent year, speeding contributed to about 26 percent of all...
Did You Get Into an Accident With a Texting Driver? Here’s What You Can Do
Traffic laws regarding distracted driving vary from state to state. It is apparent that any type of distracted driving is unsafe,...
Southeast Missouri girl awarded $17 million in personal injury lawsuit against BNSF Railway
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Ford issues recall of Ranger, Fusion models
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Recognizing Medical Neglect
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Recent Recalls: Motor Vehicles
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Winter Storm Damage 101
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Understanding under-insured motorist coverage
Each year, about 2.9 million people are injured in car crashes – resulting in medical care and productivity loss costs of...
Teaching teens to drive under the (right) influence
Nothing kills more 15- to 20-year-olds than traffic accidents. And 80 percent of crashes involve some form of distracted driving –...
Comparative fault – seeking damages when you’re partly responsible for a wreck
Missouri, along with 12 other states, recognizes what’s known as the Pure Comparative Fault Rule. This allows a damaged party to...
Injury – What are my rights?
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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
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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
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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....