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Wrongful Death Case

Types Of Compensation In Wrongful Death Cases

Families are almost always completely blindsided by fatal accidents. The death of a loved one due to the negligence of another is extremely frustrating. Families will often suffer emotionally and financially for a long time after the accident. While no amount of money can replace a loved one, obtaining compensation from a wrongful death lawsuit can help make sure the victim’s family isn’t left with any financial burdens.

Types of Compensation In Wrongful Death Cases

There are several kinds of potential compensation in wrongful death cases. Some of the most common forms of compensation awarded to the victim’s survivors include:

  • Medical Expenses – Most of the time after an accident, the victim will receive some type of emergency medical treatment before passing away. In some cases, the victim might survive for days or even weeks before passing way. Family members can seek compensation for all medical expenses incurred from the moment of the accident to the victim’s death.
  • Pain and Suffering – When victims survive an accident for some time before passing away, this often involves a significant amount of physical and mental pain and suffering. Family members can pursue compensation for their loved one’s pain and suffering before death.
  • Funeral and Burial Expenses – Even inexpensive funerals can cost several thousands dollars. If a negligent party caused a fatal accident, the victim’s family and loved ones have a right to seek compensation for costs related to the burial.
  • Lost Wages and Loss of Financial Support – If the victim of a fatal accident was the breadwinner, the surviving family will continue to suffer economic hardship. However, families can seek compensation for lost wages their loved one would have received had he or she not been killed in an accident.
  • Loss of Consortium – This type of compensation is designed to address the loss of love and companionship suffered by remaining family members. Loss of consortium can be significant for spouses and children.
  • Punitive Damages – These damages are levied in order to punish the negligent party that caused the accident.

Get Help With Your Wrongful Death Case

At The Glisson Law Firm, we understand how difficult overcoming the loss of a loved one can be. We work patiently with our clients to make sure they understand their legal rights and the steps needed to obtain compensation. If your loved one was killed in an accident, whether on the job or while visiting another’s property, don’t wait to call us to discuss your wrongful death case in a free consultation.

St. Louis Car Accident Attorney

Fatal Pedestrian Accident Puts Self Driving Vehicles On Hold

Many auto companies are developing self-driving technology. If the technology can be perfected, self-driving cars could help eliminate nearly all motor vehicle accidents. Unfortunately, in practice these vehicles still have issues to resolve, and for now one company has put its self-driving vehicles program on hold after a fatal accident with a pedestrian last week.

The popular ridesharing company Uber has been experimenting with driverless technology in several major U.S. cities. Last week, a woman was walking her bicycle across a street in Tempe, Arizona when one of Uber’s self-driving vehicles failed to stop, causing a fatal auto pedestrian accident. Uber’s self-driving vehicles are equipped with a human driver to react in cases of emergency, but unfortunately the driver was not watching the road when the accident occurred.

In response to the fatal car accident, Uber has stopped its self-driving programs in Pittsburgh, Tempe, San Francisco, and Toronto and the National Transportation Safety Board (NTSB) is investigating the circumstances of the crash.

This is not the first time the NTSB has investigated a self-driving vehicle accident. In 2016, the agency investigated a crash involving a Tesla Model S. This vehicle is not fully autonomous, but does offer many semi-autonomous features designed to help keep drivers safe. While the NTSB determined the vehicle was not at fault for the car accident, the agency did note “overreliance on vehicle automation” was a contributing factor.

What Self-Driving Vehicles Mean For Our Roadways

While self-driving vehicles do hold the potential to prevent nearly all car accidents, the technology still needs strict oversight to ensure car accidents do not occur. When companies fail to properly monitor self-driving prototypes, everyone on the roadways is at risk. It doesn’t matter if a person or a computer is driving a car, all motor vehicles have to be driven safely and responsibly.

Until self-driving technology is improved, it will pose a risk to passengers, other motorists, and pedestrians. Luckily, most people don’t come in contact with self-driving vehicles, but that doesn’t mean there aren’t other threats on the roadways. Although safety technology has come a long way, drivers remain at risk due to a number of other factors, like drunk drivers, distracted drivers, and fatigued drivers, among others.

St. Louis Car Accident Attorney

If you were injured in a St. Louis car accident, you deserve to hold the negligent party responsible. Call The Glisson Law Firm today for a free consultation to discuss your legal options.

Premises Liability Claims

What To Know About Your Slip And Fall

While some slip and fall instances only cause minor injuries, the reality is a slip and fall can cause debilitating and painful injuries. The motion involved in a slip and fall puts the entire neck and back at risk, potentially causing serious injuries to the nerves, muscles, and bones in the spinal column. These accidents can also cause brain injuries as the head comes into contact with the floor. Because of the potential for severe injuries, it’s absolutely necessary for commercial properties to keep floors free of any liquids that could cause a fall. Unfortunately, not all businesses exercise appropriate safety practices and accidents occur. But, slip and fall cases aren’t as simple as many people think. Here are a few things you need to know about premises liability cases.

Open and Obvious Conditions vs. Dangerous Conditions

In nearly all slip and fall cases, the negligent party will try to claim the condition that caused the accident was open and obvious rather than a dangerous condition. Under premises liability law, if the condition that caused the accident would have been open and obvious to a reasonable person, then the property owner is not liable for the resulting injuries. We all come across open and obvious conditions regularly and almost instinctively take action to avoid the conditions. For example, if you are walking through a grocery store parking lot in the winter, it’s likely you might spot some ice on the ground and walk around or step over the ice to avoid slipping.

However, many property owners and their insurance companies will try to use the “open and obvious” concept for conditions that are not really open and obvious. If a condition is not open and obvious to a reasonable person, then it is considered dangerous, and property owners can be held liable for injuries it causes. 

Comparative Fault in Illinois and Missouri 

In both Illinois and Missouri, comparative fault could play a large role in your slip and fall claim. Many property owners and their insurance companies will try to assign blame to the victim and courts can find victims to be partially at fault for their injuries. If a victim is found 20% responsible for their slip and fall accident, then the negligent party is only responsible for paying 80% of the victim’s total compensation. This is referred to as comparative fault. In Illinois, victims found over 50% at fault for their accidents cannot recover anything. Without an experienced personal injury lawyer by your side, the other party will try their best to assign as much fault to you as possible to limit their own payout.

Get Help With Your Slip And Fall Claim

At The Glisson Law Firm, we’ve helped many victims with slip and fall claims. We know the tactics the other side is going to use to try to get out of paying for your injuries, and we work aggressively to make sure you get the maximum amount of compensation. Call us today to schedule a free consultation to discuss your case.

Back Injury Lawyers

Types of Neck and Back Injuries

Some of the most common injuries personal injury lawyers see on a regular basis involve the back and the neck. These injuries can have huge implications for victims and their families because they often prevent the victim from returning to work and engaging in their normal activities. For some victims, injuries can be permanent and they will never return to full mobility.

Types of Neck and Back Injuries

Things like truck accidents, workplace accidents, and slip and falls can all cause a wide variety of neck and back injuries. Some of the most common neck and back injuries include:

  • Whiplash – Whiplash is very common in motor vehicle accidents. Whiplash occurs when someone’s head suddenly moves backwards and then forwards. Victims offer suffer neck and shoulder pain, and can require physical therapy.
  • Neck Strain – When the muscles or tendons in the neck stretch too far, they can cause a strain or sometimes a complete tear. This often causes neck pain, and can require surgery depending on the severity of the strain.
  • Herniated or Ruptured Discs – Small disks separate the vertebrae in the spine. Sometimes a certain movement or fall will cause these discs to tear, break down, or completely rupture. This is extremely painful, and people suffering from herniated or ruptured discs can require physical therapy, pain medication, and/or surgery to correct their medical problems.
  • Pinched Nerves – There are many nerves running through the spinal column. Sometimes these nerves are put under pressure or pinched by herniated discs and other conditions.
  • Bone Fractures – Like all other bones in the body, the bones in the spine are vulnerable to breaking; and, when the bones in the neck and back are fractured, it is very serious. Permanent injuries like paralysis can occur if proper medical care is not provided.
  • Spinal Cord Injury – A spinal cord injury is considered any injury to the nerves running through the spinal canal. Injuries to the spinal cord are extremely serious and can cause permanent paraplegia and quadriplegia.

Neck and back injuries are always incredibly frustrating. Victims can be left unable to do even the most basic tasks, which makes them unable to work and care for themselves. For this reason, it’s incredibly important for the negligent parties that cause neck and back injuries to be held responsible.

Neck and Back Injury Lawyers

At The Glisson Law Firm, we go to work for our clients so they can focus on what matters: recovery. Call us today to schedule a free consultation to discuss your neck and back injury claim.

Premises Liability Claims

Attractive Nuisance and Other Types of Premises Liability

Most people think premises liability cases are only slip and fall accidents. While slipping on a spill in a grocery store certainly is a type of premises liability accident, there are many other types of premises liability accidents to be aware of. Property owners have a responsibility to keep visitors reasonably safe from harm, and this goes far beyond cleaning up spills.

What Is An Attractive Nuisance?

One common type of premises liability claim involves an “attractive nuisance,” and it applies specifically to children. An attractive nuisance is an object on the property likely to attract children, which carries the risk of causing them injury. Property owners are responsible for protecting children from attractive nuisances. The most common type of attractive nuisance is a swimming pool (full or drained), but others include old buildings, farm equipment or machinery, wells, and even stairs. Really anything that could be attractive to children could be considered an attractive nuisance. The best way to protect children from an attractive nuisance is to move the nuisance out of view or put up a fence to keep children out.

Premises Liability Includes Security

Certain properties are at an increased risk for crime. Places like parking garages, nightclubs, and apartment complexes experience more crime because they contain a high concentration of people and valuable property. For owners of these buildings, keeping visitors safe from harm includes undertaking any necessary security measures, including the installation of outdoor lights and/or video cameras and employing security guards. If a property owner does not implement necessary security measures and a visitor gets assaulted, robbed, or otherwise harmed, the property owners can be held responsible.

Property Maintenance Accidents

Property maintenance is often the cause of premises liability incidents. Property owners are responsible for maintaining their properties so they do not present a danger to visitors. Balconies, railings, and even sidewalks can be incredibly dangerous if they are not properly maintained and kept up to code. Balconies and railings can fail, causing collapse and uneven or broken sidewalks can cause someone to trip and fall. Properly maintaining properties is particularly important for apartment complexes and condos.

Get Help With You Premises Liability Claims

If you have been hurt on someone else’s property, you likely have many questions. Premises liability claims can be complicated, so The Glisson Law Firm offers free consultations to help victims understand their legal rights. We can analyze your situation and help you pursue compensation. Call us today to schedule a consultation to discuss your premises liability claims.

Workplace Vehicle Accident Claim

Celebrate Road Safety At Work Week With These Tips

Transportation accidents on the jobsite are causing an increasing number of injuries and fatalities. According to the U.S. Bureau of Labor Statistics, 45% of all workplace fatalities involve motor vehicle accidents. An extreme lack of training in workplace motor vehicle operations is one of the reasons for such a high number of workplace motor vehicle accident fatalities. The Bureau of Labor Statistics reports that 60% of all workplace vehicle accident fatalities involve a driver who is not a professionally trained driver by trade. Because of these startling statistics, workers should observe Road Safety at Work Week from March 5-9 by familiarizing themselves with safety tips that can prevent workplace motor vehicle accidents.

  1. Create a transportation plan. When you plan out what vehicles will be doing what jobs, workers will have a better understanding of where vehicles will be and can exercise caution.
  2. Always use a spotter. Because all vehicles have blind spots, it’s wise to always use a spotter outside of the vehicle. A spotter can help prevent collisions and keep the rest of the jobsite safe.
  3. Always use blinkers when turning. Drivers should always use blinkers when driving, but this is particularly important on a busy jobsite. Blinkers help everyone around you understand where your vehicle is traveling.
  4. Mark out a path for vehicles. If your jobsite utilizes one or more vehicles, mark out a visible path for them with cones, barriers, and warning signs. Providing vehicles with their own space can go a long way toward preventing collisions.
  5. Always wear reflective clothing. Even if it’s a bright sunny day, always wear reflective clothing on the jobsite when vehicles are in operation. This ensures all workers are visible to vehicle operators.
  6. Have daily safety meeting. Safety isn’t just about following rules – it’s a mindset. By holding regular safety meetings that address certain dangers on the jobsite, companies can create an environment that keeps everyone safe.

Contact The Glisson Law Firm With Your Workplace Vehicle Accident Claim

The experienced attorneys at The Glisson Law Firm have been helping victims of third party workplace accidents for years. We fight aggressively for our clients to get them complete compensation. Call us today to schedule a free consultation to discuss your workplace vehicle accident claim.

Truck Accident Claims

Everything You Need To Know About Truck Accident Claims

Every day, millions of Americans share the roadways with semi trucks. While these large trucks are crucial for the transportation of all sorts of goods, they present serious risks to other drivers. Even when an 18-wheeler isn’t hauling any cargo, the vehicle itself can still weigh between 20,000 and 30,000 pounds. Because of their size and weight, trucks generate tremendous force when involved in motor vehicle accidents, causing devastating and even fatal injuries. Because of their potential to cause catastrophic injuries, trucking companies and drivers are highly regulated by the government. Federal regulations make truck accident claims much different than other motor vehicle accident claims.

FMCSA Regulations For Trucks

The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency responsible for regulating the trucking industry. FMCSA is part of the United States Department of Transportation, which regulates a variety of aspects of trucks, including maintenance, weight loads, driver training, and working hours. Violating FMCSA regulations can result in large fines for truck drivers and the companies that employ them.

Under FMCSA’s rules, truck drivers must meet certain training requirements and hold special licenses to legally operate a large truck. This mandatory training helps ensure drivers are capable of operating such a large vehicle safely. After all, truck drivers are professional drivers, so their training needs to be taken seriously.

In addition to extensive training and licenses, truck drivers must abide by strict working hour regulations. Federal limitations on the amount of hours truckers can drive prevents drivers from suffering from drowsy driving, which can easily cause dangerous accidents. Drivers are only allowed to work a 14-hour working period, which has to include rest breaks. A driver cannot drive for more than 11 consecutive hours during the working period. Once the 14-hour working period has been completed, drivers are required to take a minimum of 10 consecutive hours off before getting back behind the wheel.

Logging Requirements

One of the most important FMCSA regulations requires truckers to record all driving hours in a logbook. This logbook will provide evidence regarding whether or not a driver is abiding by the working hour regulations. Oftentimes in truck accident cases, logbooks are used to illustrate whether fatigue was a contributing factor in accidents.

You Need To Immediately Hire An Attorney After A Truck Wreck

Truck accident claims are not the same as other types of motor vehicle accident claims. An investigation will need to take place into the trucking company, the driving record of the trucker, the truck’s maintenance records, and other important aspects of the case. By engaging the help of a lawyer, victims can be sure that evidence will be preserved, analyzed, and used to pursue the fullest compensation possible for the victims and their families. Trucking companies are only required to keep logbooks showing a trucker’s working hours for six months, so it is important to immediately reach out to an experienced truck accident attorney that can obtain and preserve these records.

Call The Glisson Law Firm Today

If you or someone you love was injured in truck wreck, don’t wait to get help. Call The Glisson Law Firm today for a free consultation. There is no upfront cost for working with us. We work on a contingency fee basis so you won’t owe us anything unless we help you recover compensation.

Workers Compensation Claim

What To Know About Filing A Workers Compensation Claim

All workers have a right to a reasonably safe workplace. No one should be exposed to unnecessary risks when they are just trying to do their job and bring home a paycheck. However, accidents do happen and workers will get injured on the job. Luckily, Illinois law requires employers to subscribe to the state workers’ compensation system, which can provide workers financial compensation in the event of an injury.

How Does The Workers Compensation System Work?

Workers compensation is a type of insurance that pays employees for the cost of medical treatment and for part of their lost wages after an on-the-job injury. Nearly all states require employers to subscribe to workers’ compensation; however, workers compensation laws differ by state.

Once a worker is injured, he or she needs to immediately notify the employer, either verbally or in writing. In Illinois, workers must notify the employer no later than 45 days after the injury. For workers in Missouri, the notification period is only 30 days. Workers must then file a workers compensation claim with the state’s compensation agency. For Illinois workers, the notification must be made within three years of the injury or two years from the last payment of compensation. In the state of Missouri, the notification period is only two years from the date of injury or from the date of the last payment of compensation.

What Kind Of Compensation Can Workers Receive?

Employees are generally eligible for three different types of compensation after an injury. Firstly, workers compensation will compensate injured employees for all related medical expenses. Secondly, workers can receive approximately two-thirds of their average weekly wage while they are recovering from their injury. Finally, if the accident caused permanent injuries, employees can receive an award to compensate the permanent nature of the injury.

Don’t File A Claim On Your Own

The most important thing to know about filing a workers compensation claim is that you don’t have to file it on your own. It is always wise to consult with an experienced attorney before filing your claim. Workers compensation laws are incredibly nuanced, and even the smallest mistakes made during filing could cause you lose out on compensation.

Furthermore, there are many limits on the amount of workers compensation an employee can recover, the number of physicians an injured worker can visit, and compensation for permanent injuries. By working with an experienced workers compensation attorney, you can make sure you get the most out of the workers compensation system. Working with an attorney does not cost anything. Workers compensation lawyers work on a contingency fee basis, meaning they only receive payment if they help their clients recover compensation. In the state of Illinois, workers compensation lawyers receive 20% of any permanency awards and in the state of Missouri, lawyers receive 25% of the permanency awards.

You May Be Able To File A Third Party Claim

In exchange for the workers compensation system, employers are released from liability from workplace accidents. There are instances when a third party causes workplace injuries, not the employer. Many third party claims involve auto accidents where another party injured a worker on the jobsite. In these instances, workers can file a civil lawsuit against the third party to recover compensation for the accident. If you are unsure whether a third party is responsible for your accident, speak to an attorney. They will be able to analyze your situation, collect evidence, and determine exactly what happened and who can be held responsible.

Contact The Glisson Law Firm For Help

Filing a workers compensation claim can be extremely overwhelming. At The Glisson Law Firm, we work to put our clients’ minds at ease so they can focus on getting better. If you’ve been injured on the job and have questions about your workers compensation claim, don’t hesitate to call us and schedule a consultation.

drunk driving accident

Drunk Driving Accident Reminds Drivers Not To Drink and Drive

Driving under the influence of alcohol is incredibly dangerous, but unfortunately many drivers choose to drink and drive anyway. Every year, millions of people drive while intoxicated, causing thousands of injuries and deaths. A recent local drunk driving accident has served as a reminder to St. Louis residents of the dangers that come with drinking and driving.

Chesterfield Police responded to a drunk driving accident last month in which two people were severely injured. Police believe the drunk driver hit a guardrail and then collided with another car before coming to a stop. The drunk driver’s passenger suffered life-threatening injuries and the innocent driver also sustained serious injuries.

This unfortunate accident is only one of many that occur in St. Louis and around the country each year. According to the Centers for Disease Control and Prevention (CDC), approximately one million drivers are arrested each year for drunk driving, but this only accounts for 1% of all self-reported episodes of drunk driving.

Drunk Driving Puts Everyone At Risk

One-third of all traffic accident fatalities involve a drunk driver, but drunk driving isn’t just dangerous for the intoxicated driver. Many drivers rarely think of others before they get behind the wheel, but the reality is that thousands of innocent people die each year as the result of drunk driving accidents. Drunk driving is a criminal offense punishable by jail time, but a criminal case does little for the victims of drunk driving accidents and their families.

Seeking Justice After A Drunk Driving Accident

The annual cost of alcohol related traffic accidents exceeds $44 billion. Tragically, much of this expense is passed on to the victims and their families. However, victims do not need to take on this financial burden alone. By filing a personal injury lawsuit against the drunk driver, victims and their families can seek compensation for any injuries sustained, the cost of medical treatment, property damage to vehicles, lost wages, lost earning capacity, and in the case of fatalities, funeral expenses. No amount of money can undo the damage caused by a drunk driving accident, but recovering compensation can ensure victims don’t have to suffer the weight of the financial cost of the accident.

Get Help With Your Drunk Driving Accident Today

At The Glisson Law Firm, we fiercely advocate for our drunk driving accident clients because we understand how challenging these accidents can be for victims. If you were injured in a St. Louis drunk driving accident, don’t wait to call us. We can analyze your situation and aggressively pursue compensation on your behalf. There is no upfront cost for working with us. We work on a contingency fee basis, meaning you won’t owe us anything unless we help you recover compensation.

Medical Malpractice Claim

Most Common Medical Malpractice Claims

We trust doctors and hospitals to take care of us when we’re sick or have suffered an injury, and most of the time they do. Unfortunately, there are instances when a doctor or other healthcare provider makes a patient’s condition worse through negligent actions or by failing to act. In these instances, many patients file medical malpractice claims to help recover compensation for the additional injuries.

Some of the most common types of medical malpractice claims include:

  • Misdiagnosis or failure to diagnose – If a doctor fails to properly diagnose a condition, it can be fatal for the patient. For the best patient outcomes, conditions need to be diagnosed as quickly as possible so the appropriate medical treatment can be given. When a doctor misdiagnoses a patient, or fails to provide a diagnosis, patients lose valuable time.
  • Surgical errors – Although surgery has inherent risks, there are some things that should never happen during a surgery. Surgical mistakes can be caused by inexperience, operating under the influence of drugs or alcohol, or just plain inattention, among other causes.
  • Medication errors – Nearly all patients in hospitals receive some type of medication. If a healthcare provider makes a mistake when administering medication, patients can suffer serious injuries. Administering the wrong dosage, administering the wrong medications, or not checking for drug interactions could all prove fatal.
  • Anesthesia errors – The use of anesthesia has greatly improved the practice of medicine. While anesthesia is crucial for operations, anesthesia errors can cause permanent brain damage or even death if mistakes are made during administration.
  • Hospital negligence – Hospitals are required to uphold certain safety standards. Things like unclean hospital rooms, spills, or even negligent hiring practices can harm patients.

What To Do If You Suspect A Medical Error

Victims of medical malpractice and their families may feel like they have nowhere to turn for help. If you suspect you suffered injuries as the result of a medical mistake, the best thing to do is to immediately seek medical attention from a doctor and hospital not affiliated with the medical provider making the original mistake. Victims should also seek the help of an experienced attorney. A medical malpractice lawyer will be able to perform a complete investigation by requesting medical records and determining what exactly went wrong.

Get Help With Your Medical Malpractice Claim

At The Glisson Law Firm, we understand how difficult medical malpractice injuries can be for you and your family. We work diligently for our clients to get them the compensation they rightfully deserve from the responsible parties.