Every year, the American Tort Reform Association releases its report on "judicial hellholes".  I'm not extremely familiar with the organization.  Obviously, it's agenda is pro-insurance company, anti-justice for injured persons.  Beyond that, I'd be interested in knowing the makeup of its membership.  I'm sure its heavily funded by business and insurance company interests.  In any event, I read about the 2008 edition of its Judicial Hellhole report on Eric Turkewitz's New York Personal Injury Law Blog.  Specifically, you can read his article at New York Personal Injury Law Blog: The Bubbe Maisse Report (aka "Judicial Hellholes").  I highly recommend you check out his blog and this article.  It's very entertaining and informative. 

The reports definition of a "judicial hellhole" is quite interesting.  Apparently, they "are places where judges systematically apply laws and court procedures in an inequitable manner, generally against defendants in civil lawsuits."  In reality, I guess, this refers to counties where jurors are still not afraid to return verdicts for the injured.  But what really caught my eye was the inclusion of St. Louis County.  What?!?!  Any St. Louis Personal Injury Lawyer experienced in trying cases in St. Louis County knows how tough it is out there.  The jury pool is a very conservative, hard-working group that definitely buys into the tort-reform propaganda.  In fact, from the last statistics I've seen, I believe more than 90% of medical malpractice cases result in defense verdicts.  And straight-forward car accident cases are not much better.  I recently tried a car wreck case in St. Louis County.  During jury selection, I was nearly knocked over by the rush of wind caused by all the hands flying into the air when I asked which jurors had problems with the personal injury lawsuits.  In the end, the verdict was only $25,000.  Normally, this would seem especially low given my client's medical bills were in excess of $50,000.  But, it probably was a good result.  Even the defense attorney refused to offer more than $10,000 because they know how tough St. Louis County jurors are. 

The fact is, the inclusion of St. Louis County as a judicial hellhole cause ATRA's list of "judicial hellholes" to lose all credibility.  Rather, it illustrates to anyone familiar with the St. Louis County legal scene that this organization is nothing more than an insurance-backed group looking to eradicate all liability. 

Just after noon on December 23, 2008, a multi-car wreck occurred on I-70 in Warren County, about 50 miles outside St. Louis, Missouri.  The wreck involved 10 cars and four semi-trucks (tractor-trailers).  Witness recount that there were several ambulances on these scene which were "taking people to the hospital left and right".  The total number of injuries was not immediately known, but tragically, at least one person was killed in the wreck.  The car wreck shut down I-70 for a number of hours.

A recent storm front moving through the area left the roads wet and icy.  Missouri State Highway Patrol Sgt. Al. Nothum said that accident reconstructionsists had been dispatched to the scene, but it was not clear whether the road conditions were the cause of the car wreck.

St. Louis Car Wreck Lawyers will often rely on the opinions of accident reconstructionists.  However, in this case, reconstruction will be much tougher because of the roads are so wet.  With these conditions, there are often little or no skid marks and/or yaw marks.  Thus, witness statements become imperative.  This is why it is so important to get a St. Louis Lawyer involved immediately.  We will have our investigator obtain detailed statements from all of the witnesses and we will often go out to meet the witnesses and stay in touch with them. 

Memories change over time, and unless the evidence of witnesses memories are preserved immediately, you never know what you are going to get.  In addition to witness statements, there are other reasons why an attorney should get involved immediately.  This is because there are a number of semi-trucks (tractor-trailer, 18-wheelers) involved.  Semi-truck drivers are goverened by a set of laws that do not apply to other drivers.  Additionally, tractor-trailer trucks are often equipped with a "black box", much like air planes, which can tell us exactly what the truck was doing in the seconds before the wreck.  However, this information is stored for only a short period of time.  The best St. Louis semi-truck crash lawyers will obtain the black-box data immediately after the crash.  This will tell us if the truckers were speeding and if they ever hit their breaks before the collision. 

If you have been involved in a car wreck and would like to speak with a St. Louis Personal Injury Lawyer, contact Joshua P. Myers.  You can contact me through my website or call 314-720-2706.  It's always free to discuss your case and our fees are based on a percentage of what we recover. 

As a Missouri Workers Compensation Lawyer based in St. Louis, one of the most frequent questions I see is "How much is my work comp case worth?"  Of course, there is no one single answer and in every case, there are a number of variables.  But generally speaking, there are three things we have to determine in order to determine the value of any workers comp case in Missouri. 

The first thing to determine is the part of the body injured.  Under Missouri's Workmen's Comp system, every body part is assigned a number.  For instance, if you have a torn rotator cuff in the shoulder, the number is 232.  If you have a herniated disc or bulging disc in the neck or back, the number is 400.  If you have a torn meniscus in the knee, the number is 160. 

The second number we determine is your average weekly wage (AWW).  Missouri's workers compensation statutes dictate the rules to determine the AWW.  However, the most common method is to take the average of what you made for the 13 weeks prior to the injury.  That average is called the average weekly wage.  We then take 2/3 of that number to arrive at the permanent partial disabiliy (PPD) rate.

Finally, we have to determine the percentage of permanent partial disability (PPD).  As the name implies, this is expressed in terms of a percentage.  For example, we might say a person's shoulder is 35% disabled because of their torn rotator cuff or torn labrum.  Their knee might be 30% disabled because of the torn meniscus.  Their back (whole body) might be 40% disabled because of a herniated disc at L5-S1.  Agreeing on this number is often when a St. Louis Workers Comp Lawyer is most valuable.  Studies show that people who are hurt at work obtain an average of 50% more than those who do not have a lawyer. 

Once we have determined these three numbers, they are multiplied together.  (Body Part) X (PPD Rate) X (Disability Percentage) = Final Work Comp Settlement.

This can be confusing for many people.  Before you talk with an attorney or the work comp adjuster, you should obtain The Ultimate Missouri Work Comp Book.  Written by St. Louis Personal Injury Lawyer Joshua P. Myers, it explains what people injured on the job really need to know about how Missouri's Workers Compensation system works.  The book is free to all Missouri injured workers.     

On December 10, 2008, the Missouri Supreme Court issued a short order vacating its previously announced changes to Rule 56.01(b)(4) which pertained to discovery of experts.  On June 23, 2008, the Supreme Court adopted new changes to the rule which, among other things, required retained experts to provide a list of every case in which they have testified in the past.  The new rule was an ourtrage to many Missouri Personal Injury Lawyers who were afraid the rule would effectively prevent many experts from agreeing to testify.  This concern was especially directed towards doctors.  Many doctors already refuse to testify in federal court cases which has a similar rule in place.  They state that it is too hard for them to keep track of all of this information and as such, would rather not get involved.  This creates a special hardship for injured persons as they are the ones who are required to prove the injury.  It goes without saying then, if we can't get a good reputable doctor to testify, the case is shut down before we ever get started. 

I do not know how or why this rule came about.  Some have indicated they believe it was pushed through by the defense bar solely to further stifle Plaintiff's cases.  Whatever the truth is, we should all be thankful that the Missouri Supreme Court was willing to take a second look at the rule and ultimately reject it. 

A copy of the new order can be found in our St. Louis Personal Injury Attorney Library. 

Recently, Nicholas Rallo and Candice Bommarito were seriously injured in a car accident occurring on highway N in St Charles County. Apparently the car wreck occurred when 16-year-old Rallo lost control of his car and crossed the center line. In doing so, he struck Bomarito head on who was driving in the opposite direction.

 

The speed of the vehicles is unknown, but luckily both of them were wearing their seatbelt. Unfortunately, this did not prevent both of them from sustaining serious injuries. After police and medical personal arrived at the scene, Rallo was flown by helicopter to Cardinal Glennon Hospital and Bommarito was flown to St. John's emergency department.

 

It is further unknown whether the air bags deployed, but given that Rallo was driving a 2008 Toyota Sian and Bommarito was in a 2005 GMC Envoy, it is most likely that the airbags did deploy.

 

It is currently unknow either party has retained a St Louis Lawyer in the matter. Obviously from the simple facts known at this point, it would seem that, given the serious nature of their injuries, and the fact that Rallo crossed the center line, Mr. Bommarito should contact a St. Louis Car Accident Attorney as soon as possible.

 

Generally when we see very bad injuries caused by young teenage drivers, we find out that there is only minimal coverage in the case. I would not be surprised if Rallo only had $25,000 of liability coverage, however, St. Louis Injury Lawyers know not to stop there. We often go back to the non negligent drivers insurance company to see whether they have under insured motorist coverage. This type of coverage is there to protect drivers in the event they sustain serious injuries and the negligent party does not carry enough insurance to fully compensate them. Additionally, Mr. Bommarito may also have medical payments coverage, which is a no fault coverage and will help reimburse her for her medical expenses regardless who is at fault. Finally, there are always other avenues to explore. This can include issues such as a defective design of the highway, in the instance that there may have been multiple wrecks there in the past. Also, we will investigate to see if there was any mechinacal issure occurring with the car vehicles involved in the wreck.

 

Joshua P. Myers is a St Louis Trial lawyer exclusively handling personal injury cases. If you have been injured in a car wreck and would like to speak with an attorney about your injuries, contact Josh Myers at (314)720-2706. It is always free to discuss your case and our fees are simply based on a percentage of what we recover for our clients.

As a Missouri Workers Compensation Lawyer, I recently became involved in a workers compensation case in which a client fell nearly 20 feet to the ground from some scaffolding. He was on the scaffolding while working as a dry wall finisher. While deposing his immediate employers, they are now trying to make a claim that there is a safety railing that goes across the scaffolding which they had instructed him to use prior to the fall. This St. Louis workers comp case has been on file for several years now and this is the first that we have heard about these allegations that our client failed to use his safety rails. The reason why this is important is because in 2005, Missouri legislature changed the Workers Comp Laws in Missouri. One of the things they changed is a rule that states that if an employee fails to follow established safety rules, their final compensation award can be reduced to 25% to 50%.  It is clear now that this is a tactic that the other side is trying to use to reduce the amount of money they will have to pay my client. This particular case, I think it is a bogus defense made up by individuals with an extreme profit motive to avoid paying the full amount my client is entitled to under the Missouri Workers Compensation Laws.

 

However, this brings up a larger issue. Giving this new law, workers need to be vigilant in obeying all safety rules established by their employers. Just to show the unfairness of the rule, if the employer violates one of their safety rules, there is no penalty against them, they can only be penalized if they violate a state statute, and however there are not many statutes applicable to safety procedures of employers. This is just another way that the Blunt administration was insistent on attacking the rights of the individuals. If you were hurt at work will be pursuing a workman's compensation claim, you need to speak with a St. Louis Lawyer immediately. Workers Compensation Carrier will be hiring a lawyer to try to minimize your benefits, and you need to level the playing field. Josh Myers is a St. Louis Workers Compensation Attorney handling Workman's Comp cases all throughout Missouri and Illinois. If you have been hurt at work and need to speak with a lawyer, feel free to contact St. Louis personal injury attorney, Josh Myers. It's always free to discuss your case.

 

Additionally, if you would just like some free information on how Missouri's work comp system really works, order the new free book, The Ultimate Missouri Work Comp Book. Written by Josh Myers, it explains everything injured workers need to know.  I previously referenced the book in a prior blog posting about our press release regarding the fact that I had just published this Missouri Workers Compensation book. 

The National Highway Traffic Safety Administration (NHTSA) has recently warned that some models of Ford, Lincoln, and Mercury SUV's, trucks, vans, and cars may have a defective switch in the cruise control which could lead to a fire. Unfortunately this could happen even when the vehicle is turned off or left unattended. NHTSA has urged the owners to take these cars into their local dealership to be repaired. In their press release, they identified 21 different types of cars that may have this potentially dangerous defect. Identified types are: 

·         1993-2004 Ford F150

·         1993-1999 Ford F250

·         1993-1996 Ford Bronco

·         1994-1996 Ford Econoline

·         1997-2002 Ford Expedition

·         1998-2002 Lincoln Navigator

·         1998-20025 Ford Ranger

·         1992-1998 Ford Crown Victoria, Mercury Grand Marquis, Lincoln Town Car

·         1993-1998 Lincoln Mark VIII

·         1993-1995 Ford Taurs SHO with automatic transmission

·         1994 Mercury Capri

·         1998-2001 Ford Explorer and Mercury Mountaineer

·         2001-2002 Ford Explorer Sport and Explorer Sport Trac

·         1992-1993 Ford E-150-350 gasoline or natural gas trucks

·         1997-2003 Ford E-150-350 gasoline or natural gas trucks

·         2002 Ford E-550 gasoline engine vehicles

·         1996-2003 Ford E-450 gasoline or natural gas vehicles

·         1994-2002 Ford F250-F550 Super Duty Trucks

·         2000-2002 Ford excursion

·         2003 Ford F250-F550 Super Duty, Ford Excursion

·         1995-2002 Ford F53 Motor home Chassis

·         2002-2003 Lincoln Blackwood

 

Consumers with further questions should contact their local Ford-Lincoln-Mercury dealer or call 888-222-2751. Also call additional information is available at www.ford.com.

 

If you have had one of these vehicles that has suddenly caught fire because of the defective switch in the cruise control stick, contact St Louis Lawyer, Joshua P Myers.  An experienced products liability attorney, our firm limits its practice solely to serious personal injury cases. Located in St Louis Missouri, however we handle all cases throughout all Missouri and Illinois. Additionally, we also handle cases throughout the rest of the country on a case by case basis. If you would like to speak with St. Louis Personal Injury Lawyer, Joshua P. Myers about your case, feel free to contact him through his St. Louis Personal Injury Attorney website or call 314-720-2706. It is always free to discuss your case.

In a horrible tragedy, 11 year old Austin Greene died in a fatal school bus wreck that occurred on January 23, 2008. The driver of the school bus was headed down highway 178 near liberty, South Carolina. While driving, the bus driver lost control and ran off the road. The driver never recovered control and tumbled down an embankment, and ultimately crashed into a tree. The school bus driver was given a ticket for driving too fast for the conditions. Austin's parents will receive $450,000 dollars as part of the settlement.

 

Further details are unknown about the history of the bus driver. For example, as Missouri semi-truck accident attorneys, we will often have our investigators obtain the complete driving history of the bus driver. Sometimes we will find that such a reckless history becomes clear that the bus companies themselves were negligent in hiring the bus drivers in the first place. Unlike car accident personal injury cases, school bus crashes and semi truck cases are much more complicated and involve a greater level of expertise. There are additional rules and regulations which pertain to driving school busses and tractor trailers. Complexity of these cases revolves around the amount of discovery that is involved and leaving no stone unturned.

 

If you would like to talk to a St Louis Lawyer regarding a school bus wreck or tractor or semi truck crash, contact St Louis personal injury attorney Josh Myers, owner of Myers Injury Law, LLC. Our firm handles serious injury cases throughout all of Missouri and Illinois. It's always free to talk about your case and you can contact us through our St Louis personal injury website or call 314-720-2706.

 

These are some of the first words that I recently heard from a client who had called in. The injured worker works at a foundry near Bowling Green, Missouri. As a welder's helper, his job is very labor intensive. On a recent day, he was trying to unlatch a bolt on huge pipe almost 4 inches in diameter. While doing so, he felt immediate pain in his shoulder and reported it to his co-workers. The company nurses took him to the emergency room where the company doctors gave him a shot. Shortly thereafter, the worker compensations insurance carrier sent him to see an orthopedic doctor. They obtained a MRI of his shoulder, which confirmed a rotator cuff tear. The doctor said he would need surgery and gave him a note saying that he was to be off work until after the surgery. The crazy thing is, even though the Workers Compensation Company agreed to provide treatment at that point, he immediate stopped approving any further treatment as soon as they heard the words surgery. Why did they do this? After years of being a St. Louis workers compensation attorney, my opinion is because they know that once they approve this man to undergo surgery, it makes his case more valuable. What many people don't know is that under Missouri Workers Compensation Law, you will almost always be entitled to a settlement disability after all your treatment is complete. The amount of that disability settlement is dependent upon the severity of the injury and the type of treatment. People often want to know how much a torn rotator cuff is worth under Missouri Compensation. If it requires surgery, this is a substantial claim and the insurance companies know this. So rather than sending this man for the treatment he needs and deserves under the law, they have decided to throw this to the side. Additionally, because he can't work, he is not making any money.  This is another thing workers compensation is suppose to do is provide payment for time off work.

 

This man originally retained a lawyer to handle his claim but was not happy with the services. It's always best to find a lawyer who limits his practice to one specific area. Otherwise he can never become an expert. As a St Louis lawyer, handling only injury cases (including workers compensation), I told him exactly what we would do for him to get him the surgical treatment he needs as well as payment for his time off.

 

Unfortunately this is a very common story with Missouri workers compensations cases. Because the insurance companies get to control all medical care, including choosing a doctor, they will jerk you around as much as possible if you don't have a lawyer. They will try to tell you that it is too costly to get a lawyer, but this is a lie. As a St Louis Workers Compensation attorney, I never charge any type of consultation fee nor never bill by the hour. Rather my lawyer's fee is 25% of whatever I recover in a worker's compensation case. In effect, I'm working for both our paychecks. Question- Have you ever had a doctor tell you that the amount they charge is going to be based on your outcome?

 

If you have been hurt at work, resulting in a torn rotator cuff, or any other injury, feel free to contact St Louis Workers Comp attorney Josh Myers.  Again it is always free to discuss your case. You can contact him through his St Louis Workers Compensation website or by calling 314-720-2706.