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Posts tagged "damages"

Where's the Insurance?

If you have ever been a juror involved in civil litigation, you may be asking yourself, why didn't the Plaintiff just take the money the insurance was offering?  Why are they trying to get money from the Defendant?  Where is the money the insurance paid?  All of these questions arise from a common misconception about the nature of personal injury lawsuits.  Simply put, while some insurance companies will settle some cases, if the matter is before a court the parties, including the insurance company could not resolve their differences.  The plaintiff typically is not seeking money beyond that that the insurance is obligated to pay, but even still the jury will not hear a thing about insurance.

Do I Need an Attorney

If you have been injured in an accident, you may be wondering whether you need an attorney to pursue a claim on your behalf.  Not every case requires an attorney and in some cases, where damages are minimal, an attorney will be of little assistance.  At the same time, questions with regard to the amount your injuries are worth, comparative fault, and hospital liens can make settling a case on your own very difficult.  

Tort Reform

Carson and Coil personal injury attorney, Mark Ludwig penned a letter to the editor which was published in the Jefferson City News Tribune on Sunday, March 22, 2015, on the issue of tort reform.  In his letter, Mr. Ludwig rips through each of the pro tort reform arguments.  

Missouri Supreme Court Reaffirms the Right to Trial by Jury

The Missouri Supreme Court in Lewellen v. Chad Franklin National Auto Sales North, reaffirmed Missouri's Constitutional guarantee of a right to a jury trial in this state. In Lewellen, the trial court reduced a punitive damages award for a plaintiff based upon a 2005 Missouri statute which limited punitive damages to 5 times the Plaintiff's actual damages. The Missouri Supreme Court overturned that reduction.

More Coverage Than You Thought?

If you have been injured in a car accident, there be more insurance coverage available than you originally thought. In a recent opinion, the Western District Court of Appeals determined that each separate policy of insurance issued to a driver, must provide at least the state minimum insurance coverage of $25,000 per person and $50,000 per accident. The Court's opinion does not apply to policies written for multiple vehicles under the same policy.

Driver high on drugs causes fatal Missouri car accident

A 29-year-old Kansas City man has been accused of driving under the influence in a fatal crash that killed an older man who was sitting in his grandson's vehicle alongside Missouri 152. The defendant is facing allegations of possession of a controlled substance and involuntary manslaughter in connection with the case. Authorities say the defendant caused the Feb. 10 car crash because he was speeding and high on prescription drugs.

Cops: Driver's medical condition caused bus crash

A Kansas City, Missouri, bus driver is under fire for allegedly failing to have his hands on the wheel while operating a bus full of schoolchildren. The 66-year-old man is said to have caused the injurious car accidenta when he failed to negotiate a turn and flipped the bus onto its side. An investigation into the incident showed that the man may have fallen asleep behind the wheel as he drove the sixth-grade girls to their overnight camping trip. As a result, 22 girls were injured, with wounds including broken bones, dislocations and several concussions.

17 people killed on Missouri roads over Fourth of July weekend

According to the Missouri State Highway Patrol, a total of 17 people were killed on the state's roads over the Fourth of July holiday weekend. Additionally, around 200 drivers were arrested for driving under the influence of alcohol. The highway patrol said it investigated a total of 360 car accidents over the holiday weekend, beginning at 6 p.m. on July 3 and ending just before midnight on July 7.

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