Monthly Archives: February 2016

Wrongful Death Claims in Missouri and Arkansas

One of the hardest challenges any family can face is the death of a loved one.  Yet, when that death is caused by the negligence or misconduct of another, the loss seems even harder to bear.  In those cases, the question that typically arises is: how do we hold that person responsible?  If this has happened to your family, you may have a legal right to bring a lawsuit for wrongful death.   A wrongful death lawyer can guide you through the process. Understanding what wrongful death means The legal term “wrongful death” is used to refer to the death of someone as a result of the negligence or misconduct of someone else.  Each state has its own statute that defines the term more specifically, and also governs wrongful death claims brought in the courts of that state.  For example, Missouri’s Wrongful Death Statute section 537.080 defines a wrongful death as the death of a person result[ing] from any act, conduct, occurrence, transaction, or circumstance which, if death had no


5 Common Dangers to Motorcyclists and How to Avoid Them

Most people will not argue with the notion that motorcycles are dangerous machines. Yet, biking enthusiasts will likely tell you that they aren t any more dangerous than a car.  Though they may not provide the best protection, they can come with excellent handling, powerful brakes and, of course, unobstructed view.  The bottom line is, if you stay calm and use common sense, you may be able to avoid a trip to see a motorcycle accident lawyer.  Here are 5 common dangers that motorcyclists face, and suggestions on how to avoid them. No. 1 A car turns left in front of you Arguably, this is the most common cause of motorcycle accidents.  There can be several reasons why another driver turns in front of a motorcycle.  Maybe they simply did not see you.  Or maybe they did not properly judge your speed.  Just like with automobile accidents, this type of collision may be the result of distraction, or a blind spot may be to blame.  In many cases, automobile drivers only perceive the abs

Four Ways to Hurt Your Chance for Damages in a Car Accident Case

If you have been injured in a car accident, you may feel the need to be tough and minimize your injuries in the eyes of others.  But when you are recovering from a traumatic car accident, you should always be honest about your symptoms.  If not, as any car accident lawyer will tell you, you could potentially hurt your chances of receiving the compensation to which you are entitled. The importance of medical damages in a car accident case A major component of a car accident case is medical damages.   These are calculated by determining the amount of expenses you incurred seeking a diagnosis and treatment for your injuries.  These calculations depend on several factors, including the nature of the medical treatment you receive and the type of medical providers who rendered that treatment. A health care provider must first diagnose your injury before he or she can provide appropriate treatment for that injury.  Tests and other diagnostic tools are usually required to reach that diag

Beware of Distracted Pedestrians

With all of the Don t text and drive ads, most of us know that distracted driving is extremely dangerous.  But, have you considered the danger posed by distracted pedestrians?  For a personal injury lawyer, this is a type of claim that may be overlooked by many potential clients. The unseen danger of a distracted pedestrian Our society is attached to their smart phones, so much that people cross the street without ever taking their eyes off their device.  Pedestrians can be seen, especially in areas near colleges and universities, texting while walking, which can result in a person falling off the curb or even walking into traffic.  While it is obviously necessary for pedestrians to be aware of their surroundings, drivers on the roadway must also be more diligent in avoiding these unique dangers. How distracted pedestrians create havoc on the roadway According to some studies, a pedestrian standing at a corner, who is distracted by their electronic device (whether texting or maki

4 Things You Need to Know About Wrongful Death Claims in Arkansas

Each state has its own statutory provisions regarding wrongful death claims.  Those statutes define wrongful death, and determine who can file the lawsuit, the deadlines that apply and the types of damages that may be recovered.  These are, basically, the 4 things your wrongful death lawyer will tell you about these types of claims. What is Wrongful Death? A wrongful death claim arises when one person dies because of the negligent or intentional conduct of someone else.  A wrongful death claim is basically a special type of personal injury claim.  The difference is, with personal injury claims, the person who was injured usually brings his or her own lawsuit.  In wrongful death cases, on the other hand, the injured person is deceased, so someone else must bring the claim to court Who Can Bring a Wrongful Death Claim? In Arkansas, the personal representative of the deceased person s estate is the only person who can bring the wrongful death lawsuit.  If there is no personal repre

Who Pays in a Hit and Run Car Accident?

If you or someone you know has been involved in a hit-and-run, your first question may be, who can I hold responsible?  Victims of hit-and-run car accidents can suffer injuries, property damage, or both.  You may be sideswiped on the road and the driver speeds off, or you may find your car in the parking lot with a huge, unexplained dent.  What your car accident lawyer will tell you is, your own insurance coverage may have to pay. The role of automobile insurance The basic purpose of automobile insurance is to cover you if you become liable for the injuries or damages of someone else, following a car accident.  However, in hit-and-run situations, by definition, you do not know who the responsible party is, much less their automobile insurance information.  In that case, your own insurance will likely be your only source of compensation. Uninsured Motorist Coverage In some states, insurance carriers are required to offer a minimal amount of Uninsured Motorist Coverage to policy ow