816.875.9373

Personal Injury

Recent Posts in Personal Injury Category

  • Commission’s Narrow Workers’ Compensation Ruling Overturned, Again

    The Missouri Court of Appeals has again overruled the Labor and Industrial Relations Commission for its refusal to follow state Supreme Court precedent over the Second Injury Fund . The case is another step in the ongoing fight to get hurt workers the workers’ compensation they need to recover. Commission Refuses Second Injury Funds for Multiple Injuries The case involved a welder who hurt his ...
    Continue Reading

  • Wrongful Death Claims After DUI Charges

    The driver who caused a fatal car accident has been charged with involuntary manslaughter. The outcome of that case could influence a potential wrongful death claim against him. Drunk Driver Causes Crash, Kills Passenger The accident happened way back on January 31, 2021, just north of Dekalb, Missouri, and south of St. Joseph. The driver, who was 18 years old, lost control of the vehicle. The car ...
    Continue Reading

  • What are Third Party Claims in Workers’ Compensation?

    In Missouri, third party claims happen when a victim gets hurt while on the job by someone who is unrelated to the workplace. In these cases, the victim can recover workers’ compensation , and can file a personal injury lawsuit against the party that hurt them. However, the workers’ compensation insurance company can put a lien on the personal injury settlement to recover what it had already paid ...
    Continue Reading

  • What is Missouri’s Eggshell Skull Rule?

    A car accident in St. Joseph presents an opportunity to look at an important aspect of Missouri’s personal injury law : The eggshell plaintiff rule. Pregnant Woman Involved in Car Accident The accident happened on Tuesday evening, June 1, 2021, at the intersection of Seneca Street and South 28 th Street . According to the initial reports , a pregnant woman was driving on South 28 th Street. ...
    Continue Reading

  • Statutory Employers are Immune from Civil Lawsuits

    In several recent blog posts dealing with workers’ compensation law, we have looked at what statutory employees are , why they exist , and the “usual course of business” defense that many employers make. While statutory employees can use this legal concept to benefit from workers’ compensation coverage from someone other than their direct employer, it also means that these statutory employers are ...
    Continue Reading

  • What Happens if the Jaws of Life Injures a Car Accident Victim?

    A single-vehicle car accident in St. Joseph caused such severe damage to the car that both occupants had to be extracted from the vehicle. The crash raises an interesting question: What happens if the extraction causes an injury? Driver and Passenger Extracted from Vehicle After Crash The incident happened just after 9pm on Friday, May 9, 2021. The driver of a Chevy Corvette was speeding and lost ...
    Continue Reading

  • Missouri Supreme Court Rules on Second Injury Fund, Again

    The Missouri Supreme Court recently waded back into the waters of the Second Injury Fund , one of the most controversial aspects of the state’s workers’ compensation system. While its prior case dealt with Senate Bill 1 and its drastic limitations on who could benefit from the bankrupted fund , this new case is more about clarifying when the worker’s preexisting injury would trigger the Fund. ...
    Continue Reading

  • Why to Hire a Lawyer After a Car Crash With a Cop

    In the past week, there have been two car accidents in St. Joseph involving police cars. These incidents are extremely problematic for the non-officer, especially if they were severely hurt. Hiring a personal injury lawyer is even more important than normal. 2 Car Accidents Involving St. Joseph Police Officers The first accident happened around 3pm on Thursday, April 29, on King Hill Avenue. While ...
    Continue Reading

  • Workers’ Compensation and Idiopathic Causes

    A Missouri appellate court has, once again, narrowly read the state’s workers’ compensation law to reduce the amounts that have to be paid by businesses after a workplace injury . In this case, the issue concerned idiopathic diseases, or those that do not have an identifiable cause. Obese Worker Dies from Heatstroke The case is Halsey v. Townsend Tree Service Co. , and involves the tragic case of ...
    Continue Reading

  • Seatbelt Investors Opened Patent to Save Lives

    One of the most important safety features on any motor vehicle is the seatbelt, which has drastically cut down the severity of car accidents . However, the inventor of the modern seatbelt made very little money off of it – instead of profiting, they opened their patent for others to use. Volvo Engineers Responsible for Modern Seatbelt Design All the way through the 1950s, seatbelts were not ...
    Continue Reading

  • Workers’ Compensation Retaliation and Sovereign Immunity

    A recent case by the Missouri Court of Appeals emphasized the role that sovereign immunity plays in the state’s workers’ compensation law. Worker Claims Termination Was Retaliation for Filing Workers’ Compensation Claim The case involved a worker at the University of Missouri, the state’s public college. After several months of complaints from her subordinates, the worker’s supervisors decided to ...
    Continue Reading

  • What Are Mansfield Bars and Are They Safe?

    A serious car accident in Kansas City involving a tractor trailer shows why we need to continue to enforce safety regulations on the roadways, including requiring that trucks have Mansfield Bars. Car Rear-Ends Tractor Trailer The crash happened on the evening of April 5, 2021. The truck accident is still under investigation, so little is known about exactly what happened. However, it is clear that ...
    Continue Reading

  • Why are There Statutory Employers in Missouri?

    Several months ago, we discussed statutory employees in the context of workers’ compensation law in Missouri. While this classification of worker is essential for ensuring that hurt workers get compensated for their onsite injuries, the reasons for having statutory employees is not readily apparent. Here are three reasons why Missouri recognizes statutory employees and why they are useful for the ...
    Continue Reading

  • What Do I Do After a Car Accident?

    Every car accident , no matter how minor, is jarring. The shock can make drivers flustered and act differently than they would, normally. There are, however, certain steps that everyone should take in the immediate aftermath of a crash. 1. Check for Injuries The first thing to do is check everyone in your vehicle for injuries. If a passenger in your car is hurt, then their well-being becomes a ...
    Continue Reading

  • Obstacles in Proving an Occupational Disease

    In a recent blog post about workers’ compensation law, we looked at what amounts to an occupational disease . Unfortunately, in Missouri, there are so many limitations and other obstacles that recovering compensation for a medical condition that came from the workplace is very difficult. No Coverage for “Ordinary Diseases of Life” One of the most important limitations for occupational diseases ...
    Continue Reading

  • Single-Vehicle Motorcycle Accident in St. Joseph

    With the sun and the warm weather come motorcycles, and with motorcycles come motorcycle accidents. Unfortunately, the St. Joseph area has seen its first crashes of the season, as bikers get out and enjoy the springtime on the roads. Motorcycle Season Starts Early in 2021 After a few rounds of winter weather in January , the temperatures warmed up enough in February for bikers to get their ...
    Continue Reading

  • What is an Occupational Disease Under Workers’ Compensation Law?

    Under Missouri workers’ compensation law , an “occupational disease” is an identifiable disease that arises out of and during the course of employment. While occupational diseases fall under an employee’s workers’ compensation coverage, actually recovering this compensation is not easy. Occupational Diseases Under Missouri’s Workers’ Compensation Law Workers in Missouri who have been exposed to ...
    Continue Reading

  • Tiger Woods’ Car Crash and Poor Road Designs

    Yesterday, February 23, professional golfer Tiger Woods was involved in a serious single-vehicle car accident in California. While most crashes involving a single vehicle are handled by insurance rather than a personal injury claim , there are exceptions. One of those – a poor road design – may be at play in this case. Tiger Woods Hurt in Car Crash The accident happened early in the morning . ...
    Continue Reading

  • Personal Injury Claims for COVID Infections at Work

    In a recent blog post, we discussed how ordinary employees infected with the coronavirus on the job could recover workers’ compensation . If they are unable to prove that they got infected on the job, though, they might not be out of luck. Because of the trade-off at the heart Missouri’s workers’ compensation system , employees may be able to file a personal injury lawsuit against their employer ...
    Continue Reading

  • How Often Do Car Accidents Involve a Truck?

    A string of truck accidents near St. Joseph has pushed police to insist that it is an anomaly. The way they did it, though, failed to provide the whole picture. Police Try Explaining Rash of Truck Accidents Since January 25, Troop H of the Missouri State Highway Patrol – which covers northwestern Missouri down to the city of St. Joseph – has worked 23 car accidents . Of those, a quarter have ...
    Continue Reading

  • Workers’ Compensation for Ordinary Employees Infected with COVID

    The coronavirus continues to infect and kill people in Missouri. However, a mixture of lockdown fatigue and excitement from the vaccine rollout has led lots of people to take riskier behavior. In lots of circumstances, this involves going to indoor gatherings and events in bars or restaurants without wearing a mask. The employees at these establishments are increasingly being put in difficult ...
    Continue Reading

  • Wintry Weather and Comparative Fault Rules

    As St. Joseph gets hit with more snow and ice, police are preparing for more car accidents . They are urging drivers to slow down and be careful on the roadways, even if it is not currently snowing. Drivers should know that this is not just an empty recommendation: Missouri’s comparative negligence rules can end up punishing drivers who do not take reasonable precautions when driving in the snow. ...
    Continue Reading

  • Post-Injury Misconduct Defense Gets Huge Expansion

    Missouri employers often try to get out of making temporary disability payments to injured employees by claiming that the worker engaged in post-injury misconduct. A new workers’ compensation decision drastically expands this defense. Injured Worker Accused of Misconduct The case is Paxton v. Little Sisters of the Poor . In January, 2014, a nurse slipped on ice in the parking lot of the nursing ...
    Continue Reading

  • Vehicle Size Likely Influenced Fatal Car Crash

    A deadly car accident between Kansas City and St. Joseph, Missouri, is a perfect example of how the size of the vehicles can change the severity of the crash. Accident Involving Ford F750 Pickup Truck Proves Fatal The crash happened on U.S. 45 near the town of Farley, just northwest of Kansas City and 40 miles south of St. Joseph. According to the initial reports of the crash , a southbound Ford ...
    Continue Reading

  • Child Victims and Lost Earning Capacity Damages

    A serious car accident in northwestern Missouri left seven injured early this week, including several children. One of those children has serious injuries, which can make it critical for her to recover compensation for lost earning capacity. Car Veers Off Road, Hits Family Minivan The accident happened on I-35 on Sunday morning, January 3, 2021, a few miles north of Pattonsburg , about an hour ...
    Continue Reading
Page of 14

Contact Smith Law Office, LLC Today

  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please select an option.
  • Please enter a message.