In a very tragic accident, a 2-year-old child died this past Saturday after being thrown from an ATV.  The child was riding with 29-year-old Nicholas Moore.  There is no description of the relation between Moore and the child.  The pair were riding the ATV on private land near Jeffriesburg Road in Eureka, Missouri.  This is in Franklin County, MO. 

Apparently, the accident occurred when Moore hit the throttle.  After doing so, he fell off the back of the ATV which continued forward and ran into a tree.  The impact with the tree is what caused the child to be thrown from the ATV.  He was transported by ambulance to St. John's Mercy Hospital in Washington, Missouri where he was pronounced dead.

This type of case would be governed by Missouri's wrongful death laws.  As a St. Louis Accident Injury Lawyer, I'm often asked who is able to sue for the death of a family member.  In Missouri, there are three different levels of people able to sue.  In this situation, the child's parents are the first class.  If there are no parents, then the child's siblings become eligible to sue.  If there were no siblings, then the class extends to extended relatives.

Often times, people question why parents would want to file a lawsuit over a case like this.  That's a personal question that would be answered differently by each person.  But the law does allow parents to recover for the loss of companionship with their child.  Often times, it is not about money for the parents.  Rather, it can often be about just and vindication for the fatal accident. 

In this case, there would be a number of aspects to investigate.  Obviously, the focus would start with Mr. Moore.  He may have negligently caused the fatal accident in a number of ways including:

• failing to properly restrain the child,
• failing to properly operate the ATV,
• failing to be adequately trained before using the ATV,
• failing to provide appropriate safety equipment for the child (such as a helmet)

In fact, he may be negligent for even putting the 2-year-old child on the ATV in the first place.

ATV's are very dangerous machines and many lawsuits arise over their use.  In this particular case, the focus should not stop at Mr. Moore's actions, but rather there should be investigation into the ATV itself.  It is possible that the throttle was too high - so that when Mr. Moore pressed it, the ATV took off faster than what was reasonably safe. 

It is unknown whether anyone in this case has contacted a Missouri Personal Injury Lawyer or ATV Products LIability Attorney.  For those who have been injured, feel free to contact St. Louis Injury Attorney Joshua P. Myers.  You can call 314-720-2706 or toll-free at 888-956-2487.  It's always free to discuss a case and there's never any attorney's fee until we recover. 

When you are hurt at work and trying to decide if you need a workmans comp attorney, nothing can be more discouraging than hiring an incompetent lawyer.  After every workers comp case I finish, I hope my clients feel confident in telling everyone that "JOSH MYERS IS THE BEST WORKERS COMPENSATION LAWYER IN ST. LOUIS, MISSOURI". 

 As a St. Louis Workers Compensation Attorney, I obviously know many other Missouri workmans comp lawyers.  Just like every other profession, there are some who are superb, some who are adequate, and some are just terrible.  The trick is determining not who is just the best lawyer, but who is the best lawyer for you. 

So how do you do that? 

First, you need to make sure you have one of the lawyers in the upper echelon.  How can you tell?  Look at their results - have they obtained significant recoveries?  Trust me, insurance companies do not just give away easy money.  Whenever there is a significant settlement or verdict, it was because the injured person's lawyer worked their butt off on that case. 

Second, choose someone who practices only in Injury Law.  Injury law, including workers compensation, is very complex.  To become truly proficient, the lawyer has to specialize in that area, and only that area of law, day in and day out.

Third, is your lawyer willing to try the case before the judge?  Honestly, it is hard work to prepare a case for a final hearing.  Additionally, it is expensive - and that's money the lawyer has to pay out of pocket until the case is settled.  And if they lose the hearing, that can often be money that they accept losing.  I've had numerous clients call me in the past unhappy with their current lawyers.  After they told me what was going on, it became very clear that their lawyer was just wanting to settle the case with as little fight as possible.  The truth is - YOU HAVE TO PUT THE INSURANCE COMPANY'S FEET TO THE FIRE!!!

Fourth, is you lawyer willing to explain what is going on?  The number one complaint of many clients is that they cannot get ahold of their lawyer.  Now, as a St. Louis Accident Injury Lawyer in high demand and with complex cases, I don't have a lot of time.  But my job is to serve my clients, and that often involves explaining to them the whole process and what I'm doing.  Look, it's just part of the job and every lawyer shoudl do it - I do.  Additionally, I have written a book that I offer for free to every Missouri injured worker called The Ultimate Missouri Work Comp Book.  It truly explains how the system really works. 

If you've been hurt at work and are considering whether to hire a St. Louis Workers Compensation Lawyer, contact St. Louis Lawyer Joshua P. Myers today.  It's always free to talk about your case.  And if you don't feel totally confident when we're done, then I'm not the best lawyer for you.  But, I think my results and my continuing relationships with my past clients speak for themselves.